Health Care Complaints Commission v Manners [2014] NSWCATOD 156

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Manners [2014] NSWCATOD 156 Hearing dates: 10 October 2014 Decision date: 10 October 2014 Jurisdiction: Occupational Division Before: Boland AM ADCJ Decision: 1. Leave granted to the Health Care Complaints Commission (HCCC) to make an oral application to withdraw two complaints and an application for disciplinary findings and orders filed 8 May 2014. 2. The Tribunal consents to the complaints in respect of Mr Vincent Manners (formerly Dr Vincent Manners) referred to the former Medical Tribunal of NSW and to theTribunal by the HCCC on 8 May 2014 being withdrawn under cl 12 of Sch 5D of the Health Practitioner Regulation National Law. 3. The application for disciplinary orders filed by the HCCC on 8 May 2014 is dismissed under s 55 of the Civil and Administrative Tribunal Act 2013 (NSW). 4. The hearing fixed for three days commencing 3 November 2014 is vacated. 5. No order as to costs. Catchwords: ADMINISTRATIVE LAW - Civil and Administrative Tribunal. Professional disciplinary proceedings against a medical practitioner under the Health Practitioner Regulation National Law. Where practitioner has surrender his registration - Whether or not in the interests of the public for the complaint to be heard. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: HCCC v Do [2014] NSWCA 307 HCCC v Khan [2014] NSWCATOD 79 Category: Interlocutory applications Parties: Health Care Complaint Commission (Applicant) Vincent Manners (Respondent) Representation: Health Care Complaints Commission (Applicant) Avant Law (Respondent) File Number(s): 1420077 and 1420188