Health Care Complaints Commission v Duggan [2015] NSWCATOD 142

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Duggan [2015] NSWCATOD 142 Hearing dates: 27 November 2015 Date of orders: 27 November 2015 Decision date: 27 November 2015 Jurisdiction: Occupational Division Before: J Millbank, Senior Member S Read, Professional Member M Stewart, Professional Member C Berglund, General Member Decision: 1. A non publication order under s 64 of the Civil and Administrative Tribunal Act 2013 (NSW) prohibiting the publication of the names of patients A-C in the schedule to the complaint and any other person named in Bundle One of evidence; 2. The application by Mr Duggan for the Tribunal to terminate proceedings is dismissed; 3. Costs are reserved for determination until the substantive matter is concluded; 4. The matter is set down for hearing on the 15, 17, 18, 19 and 22 February 2016; 5. Leave to either party to apply with 3 days' notice to re-list for directions on or before 19 December 2015. Catchwords: Osteopathy; application by practitioner to terminate proceedings under Sch 5D cl 12 (1) of the National Law; application opposed by HCCC; practitioner unregistered and undertakes not to seek re-registration; serious allegations of misconduct involving intimate touching not clinically warranted; misconduct not conceded; public interest in proceedings Legislation Cited: Health Practitioner Regulation National Law 2009 (NSW) ('the National Law') Sch 5D cl 12(1); Civil and Administrative Tribunal Act 2013 (NSW) ('the CAT Act') s 55, s 64 Cases Cited: HCCC v Do [2014] NSWCA 307; HCCC v Litchfield (1997) 41 NSWLR 630, [1997] NSWSC 297; Re Parajuli [2010] NSWMT 3; HCCC v Bours (No 1) [2014] NSWCATOD 113; HCCC v Sharah [2015] NSWCATOD 99; HCCC v Harley [2014] NSWCATOD 110; HCCC v Khan [2014] NSWCATOD 83; HCCC v Perry [2015] NSWCATOD 76; HCCC v Campbell [2014] NSWCATOD 107; HCCC v BQB [2014] NSWCATOD 157; HCCC v Manners [2014] NSWCATOD 156; HCCC v Torrinello [2015] NSWCATOD 90; HCCC v Sarfraz [2015] NSWCATOD 75; HCCC v XC [2015] NSWCATOD 9. Category: Procedural and other rulings Parties: Health Care Complaints Commission (Applicant) G Duggan (Respondent) Representation: Counsel: R Mathur (Applicant)