Health Care Complaints Commission v BXD (No 2) [2015] NSWCATOD 135

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v BXD (No 2) [2015] NSWCATOD 135 Hearing dates: 29, 30 September 2015 Date of orders: 07 December 2015 Decision date: 07 December 2015 Jurisdiction: Occupational Division Before: Acting Judge K P O'Connor, AM, Deputy President Dr V Sutton, Professional Member Dr R Napier, Professional Member A Dix, General Member Decision: The Tribunal DIRECTS pursuant to the Health Practitioner Regulation National Law (NSW), No 86a, Schedule 5D, cl 7(1)(b)(iii) that the disclosure of the respondent's name (including any other identifying information as provided in cl 7(1)(4)) and the respondent's address be restricted to the parties and their representatives, and to any other persons or bodies where disclosure is necessary for the effective implementation and administration of the orders made in the proceedings. Catchwords: PROFESSIONAL DISCIPLINE – Medical Practitioner – Adverse Disciplinary Findings and Order – Application for Non-Publication Order – Potential Impact on health care of family member – Public interest in open justice – Whether this is an exceptional case – Application granted. Health Practitioner Regulation National Law, Sched 5D [NSW], cl 7 Legislation Cited: Civil and Administrative Tribunal Act 2013 Health Practitioner Regulation National Law No 86a Cases Cited: Health Care Complaints Commission v Dr A [2012] NSWMT 10

Health Care Complaint Commission v Vo [2014] NSWCATOD 127 Health Care Complaints Commission v XC [2015] NSWCATOD 9 Walton v Momot [1997] NSWCA 334 Category: Procedural and other rulings Parties: Health Care Complaints Commission (Applicant) BXD (Respondent) Representation: Counsel: W Hunt (Applicant) M Lynch (Respondent)