Health Care Complaints Commission v CNU [2016] NSWCATOD 50

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v CNU [2016] NSWCATOD 50 Hearing dates: 23 & 24 November 2015 Date of orders: 24 November 2015 Decision date: 06 May 2016 Jurisdiction: Occupational Division Before: Mullane ADCJ, Principal Member Dr G Abouyanni, Professional Member Dr I Rotenko, Professional Member Dr K Sundquist, General Member Decision: 24 November 2015: (1) The complaints are not proved. (2) The amended application is dismissed 6 May 2016 (1) Broadcast or publication of the name or other identifying information of the respondent or the patient who raised the complaints is prohibited. (2) The Applicant must pay the Respondent's costs of or incidental to these proceedings as agreed and in default of agreement each party has leave to relist the proceedings for further orders for determination of the amount of costs payable. Catchwords: Medical Practitioner – Disciplinary Proceedings – Allegation of Sexual Assault – Not Proved Legislation Cited: Health Practitioner Regulation National Law (NSW); Civil and Administrative Tribunal Act 2013; Health Care Complaints Act 1993; Cases Cited: HCCC v Phillipiah [2013] NSWCA 342 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) CNU (Respondent) Representation: Counsel: A Britt (Applicant) G Butler (Respondent)