Burton v Osteopathy Council of New South Wales [2015] NSWCATOD 150

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Burton v Osteopathy Council of New South Wales [2015] NSWCATOD 150 Hearing dates: 13 and 14 July 2015 Date of orders: 18 December 2015 Decision date: 18 December 2015 Jurisdiction: Occupational Division Before: R Titterton - Senior Member Dr T Stewart - Professional Member Dr P Thomas - Professional Member S Lovrovich - General Member Decision: The appeal is dismissed Catchwords: Health Practitioner Regulation National Law - Suspension of health practitioner pursuant to s 150 of the National Law – Appeal pursuant to s 159 of the National Law – Nature of an appeal pursuant to s 159 Legislation Cited: Civil and Administrative Tribunal Act 2013 Health Care Complaints Act 1993 Health Practitioner Regulation National Law (NSW) No 86a Medical Practice Act 1992 Cases Cited: Bova v Pharmacy Council of NSW [2014] NSWCATOD 40 Briginshaw v Briginshaw (1983) 6 CLR 336 Cahill v Kenna [2014] NSWSC 1763 Forster v Hunter New England Area Health Service [2010] NSWCA 106 HCCC v Smith [2015] MSWCATOD 85 Kozanglou v Pharmacy Board of Australia [2012] VSCA 295 Lindsay v Medical Board of NSW [2008] NSWSC 40 Reid v Medical Council of NSW [2014] NSWCATOD 152 Smith v the Nursing and Midwifery Board of Australia [2013] NSWNMT 10 Sudath v HCCC [2012] NSWCA 171 Tim Barr Pty Ltd v Narui Gold Coast Pty Ltd [2009] NSWSC 49 WD v Medical Board of Australia [2013] QCAT 614 Category: Principal judgment Parties: Dr Alec Burton (Appellant) Osteopathy Council of NSW (Respondent) Representation: Counsel: