Health Care Complaints Commission v Ostendorf (No 2) [2016] NSWCATOD 44

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Ostendorf (No 2) [2016] NSWCATOD 44 Hearing dates: 24 February 2016 and 5 April 2016 Date of orders: 14 April 2016 Decision date: 14 April 2016 Jurisdiction: Occupational Division Before: R Titterton, Senior Member A Bizzotto, Professional Member R O'Donnell, Professional Member Dr C Berglund, General Member Decision: 1 Pursuant to reg 9 of the Civil and Administrative Tribunal Regulation 2013, the orders of the Tribunal of 7 December 2015 are set aside, and in lieu thereof the Tribunal orders that the conditions set out in Attachment A be recorded on the applicant's registration maintained by the Australian Health Practitioners Regulatory Authority.

2 Pursuant to s 45 of the Civil and Administrative Decisions Act 2013 extend the time for the Health Care Complaints Commission to make its application to set aside and vary the orders of 7 December 2015 to 5 April 2016.

3 The respondent to pay the Health Care Complaints Commission's costs of the proceedings, other than the costs of and incidental to the hearings of 24 February and 5 April 2016.

4 There be no order as to costs in respect of the hearings of 24 February and 5 April 2016. Catchwords: Civil and Administrative Tribunal – Occupation Division – Power to review decisions already published – whether function of Tribunal administrative in nature Legislation Cited: Health Practitioner Regulation National Law (NSW) No. 86a Administrative Decisions Review Act 1977 Civil and Administrative Tribunal Act (2013) Civil and Administrative Tribunal Regulation (2013) Cases Cited: Attorney-Attorney-General (NSW) v Kennedy Miller Television Pty Ltd (1998) 43 NSWLR 729 Campbelltown City Council v Vegan [2006] NSWCA 284 Health Care Complaints Commission v Ostendorf [2015] NSWCATOD 137 Minister for Immigration and Multicultural Affairs v Bhardwaj [2002] HCA 11 Riverina Wines Pty Ltd v Registrar of the Workers Compensation Commission of NSW [2007] NSWCA 149 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Ms Katrina Ostendorf (Respondent) Representation: Counsel: S Talbert (Applicant)