Vu v Health Care Complaints Commission [2015] NSWCATOD 61

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Vu v Health Care Complaints Commission [2015] NSWCATOD 61 Hearing dates: 16 and 17 April 2015 Decision date: 24 June 2015 Jurisdiction: Occupational Division Before: D Robinson, Principal member S Mungovan, Professional member B Elliott, Professional member H Kiel, Lay Member Decision: 1. In accordance with S 163B of the Health Practitioner Regulation National Law, Mr Vu's application for review is dismissed.

2. In accordance with S 163B of the Health Practitioner Regulation National Law, the relevant order is not to be reviewed until after 18 months from the date of this order.

3. In accordance with Schedule 5D clause 7 of the Health Practitioner Regulation National Law publication of the name of or any material identifying any former patient of Mr Vu is prohibited.

4. Mr Vu is to pay the costs of the Health Care Complaints Commission in relation to these proceedings, as agreed or assessed. Catchwords: Application under s 163 A of the Health Practitioner Regulation National Law (NSW) for review and reinstatement order - failure to discharge onus – original order remains appropriate – time limit on further review - costs Legislation Cited: Health Practitioner Regulation National Law No 86a NSW Cases Cited: Scully v HCCC (2013) NSWNMT 7 In Re Jason Martin [2010] NSWMT 13 Briginshaw v Briginshaw Wang v HCCC 2013 NSWNMT18; Re Lenehan ; Ex Parte Tziniolis; Re the Medical Practitioners Act (1966) 67 SR 488; Peter Cecil Harcourt Dawson v Law Society of NSW ; Re Mansoor Haider Zaidi [2006] NSWMT 6 Zaidi v HCCC Hardy v HCCC Nelson v HCCC Category: Principal judgment Parties: Hung Thanh Vu (Applicant) Health Care Complaints Commission (Respondent) Representation: Counsel: P Griffin (Respondent)