Smith v Health Care Complaints Commission [2014] NSWCATOD 129

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Smith v Health Care Complaints Commission [2014] NSWCATOD 129 Hearing dates: Hearing on the papers Decision date: 05 November 2014 Jurisdiction: Occupational Division Before: P Dwyer, Principal Member Decision: 1. Given its interpretation of relevant statutory provisions, the Tribunal declines to appoint the Pharmacy Council of New South Wales as an Appropriate Review Body as the Orders, the subject of the application, are not reviewable under Division 8 of Part 8 of the National Law. 2. The Applicant Practitioner shall within twenty-one (21) days of the date of these orders, notify the Registrar, Occupational Division, NCAT, in writing, if he wishes to withdraw his substantive application filed on 3 June 2014. 3. The Registrar is requested to provide a copy of these reasons, to the Pharmacy Council of New South Wales. 4. In the event the Applicant Practitioner seeks to pursue his substantive application, liberty to re-list the matter before Principal Member Dwyer, for directions, on three (3) days' written notice to the Tribunal and to the Health Care Complaints Commission. 5. The Pharmacy Council may apply to be joined as a party to the proceedings or to be heard at the substantive hearing. 6. No order made as to costs. Catchwords: ADMINISTRATIVE LAW-Civil and Administrative Tribunal Act (2013) NSW-Review of Orders-Pharmacy Tribunal of New South Wales-Orders of Reprimand; Suspension of registration; Condition imposed-Orders completed-Appropriate Review Body-Part 8, Division 8, Health Practitioner Regulation National Law NSW-Australian Health Practitioner Regulation Agency (AHPRA)-National Board-Pharmacy Board of Australia-Public National Register-Register of Pharmacists-Information to be recorded in Register-publicly available information-Removal of information from Register-relevant statutory provisions; Legislation Cited: Health Practitioner Regulation National Law (NSW) (2009); Civil and Administrative Tribunal Act 2013 Cases Cited: Crook v HCCC (No 2) NSWCATOD 91 Category: Principal judgment Parties: Douglas Charles Leslie Smith (Applicant) Health Care Complaints Commission (Respondent) Representation: D Smith (Applicant in person) File Number(s): 1420209