Health Care Complaints Commission v BQB [2014] NSWCATOD 157

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v BQB [2014] NSWCATOD 157 Hearing dates: 14 November 2014 Decision date: 14 November 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 the complaint and an application for disciplinary findings and orders filed 17 February 2014. 2. The Tribunal consents to the complaint in respect of Ms BCB referred to Tribunal by the HCCC on 17 February 2014 being withdrawn under cl 12 of Sch 5D of the Health Practitioner Regulation National Law. 3.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 17 February 2014 is dismissed under s 55 of the Civil and Administrative Tribunal Act 2013 (NSW). 4. No order as to costs. Catchwords: ADMINISTRATIVE LAW - Civil and Administrative Tribunal. Professional disciplinary proceedings against a nurse. Where practitioner has surrendered her registration - where practitioner has a serious illness - whether or not in the interests of the public for the complaint to be heard. Legislation Cited: Civil and Administrative Tribunal Act 2014 (NSW) Health Practitioner Regulation National Law Cases Cited: Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Khan [2014] NSWCATOD 83 Category: Interlocutory applications Parties: Health Care Complaints Commission (Applicant) BQB (Respondent) Representation: Health Care Complaints Commission (Applicant) BQB (Respondent in person) File Number(s): 142107 Publication restriction: The Tribunal made an order restricting the publication of the name of the practitioner