Health Care Complaints Commission v Torrinello [2015] NSWCATOD 90

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Torrinello [2015] NSWCATOD 90 Hearing dates: On the papers Decision date: 01 September 2015 Jurisdiction: Occupational Division Before: Boland J ADCJ Decision: 1. The Tribunal consents to the withdrawal of the complaint against Mr R Torrinello (formerly Dr R Torrinello) lodged 7 August 2014 under Sch. 5D cl 12 of the Health Practitioner Regulation National Law.

2. The application for disciplinary orders and findings is dismissed under s 55 of the Civil and Administrative Tribunal Act 2013 (NSW).

3. No order as to costs. Catchwords: ADMINISTRATIVE LAW – Civil and Administrative Tribunal Act 2013 (NSW) – whether in the interest of the public for complaint against medical practitioner to be withdrawn. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law Cases Cited: Health Care Complaints Commission v Do [2014] NSWCA 307 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Mr R Torrinello (formerly Dr R Torrinello) (Respondent) Representation: Solicitors: S. Connors, Health Care Complaints Commission (Applicant) HWL Ebsworth Lawyers (Respondent) File Number(s): 1420266 Publication restriction: An order is made under s 64 of the Civil and Administrative Tribunal Act 2013 (NSW) prohibiting publication of the name of the patients set out in the Schedule to the complaint.

reasons for decision