Donnelly v Health Care Complaints Commission [2014] NSWCATOD 155

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Donnelly v Health Care Complaints Commission [2014] NSWCATOD 155 Hearing dates: 8 and 9 December 2014 Decision date: 23 December 2014 Jurisdiction: Occupational Division Before: N O'Neill, Principal Member K Johnson, Psychologist Member J Haigh, Psychologist Member J Milne, Lay Member Decision: The Tribunal ordered that Dr Donnelly be reinstated to the register of Psychologists maintained by Australian Health Practitioner Regulation Agency in conjunction with the Psychology Board of Australia, subject to conditions. The Tribunal ordered that the prohibition order made in relation to Dr Donnelly on 2 February 2012 by the then NSW Psychology Tribunal be revoked. The Tribunal made no order as to costs. Catchwords: ADMINISTRATIVE LAW - Application for reinstatement of a psychologist - after deregistration for professional misconduct - COSTS - costs in relation to successful reinstatement applications by deregistered health practitioners. Legislation Cited: Health Practitioner Regulation National Law (NSW) Children and Young Persons (Care and Protection) Act 1998 (NSW) Cases Cited: Sunjic v HCCC [2010] NSWNMT 13 Hardy v HCCC [2009] NSWNMT 21 Ex parte Tziniolis, Re the Medical Practitioner Act (1966) 84 WN (Pt 2) (NSW) 275 Re Lenehan [1948] HCA 45 Dawson v The Law Society of New South Wales [1989] NSWCA 58 Stanoevski v The Law Council of New South Wales [2008] NSWCA 93 Flynn v HCCC [2011] NSWNMT 6 HCCC v Philipiah [2013] NSWCA 342 Kazmierczak v NSW Medical Board (unreported, NSW Medical Tribunal, 6 May 2010) Litchfield v Medical Council of New South Wales [2012] NSWMT 8 NSW Medical Board v Dinaker [2009] NSWMT 9 Scully v HCCC [2013] NSWNMT 7 Flynn v HCCC [2011] NSWNMT 6 Coe v HCCC [2013] NSWNMT 12 Draper v Psychology Board of Australia [2013] NSWPST 3 Health Care Complaints Commission v Do [2014] NSWCA 307 Category: Principal judgment Parties: Dr James Donnelly (Applicant) Health Care Complaints Commission (Respondent) Representation: Paul Crane Lawyer (Applicant) Health Care Complaints Commission (Respondent) File Number(s): 1420272 Publication restriction: Neither the identity nor the address of any patient or client referred to in the proceedings that gave rise to the application in this matter nor the identity nor the address of any family member whose identity may lead to the identification of such patient or client shall be published to or by any person.