Health Care Complaints Commission v Cheng (No 1) [2016] NSWCATOD 61

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Cheng (No 1) [2016] NSWCATOD 61 Hearing dates: 9 and 10 May, 2016 Date of orders: 16 May 2016 Decision date: 16 May 2016 Jurisdiction: Occupational Division Before: Marks ADCJ, Principal Member Dr M Higgins, Professional Member Dr S Mares, Professional Member Ms J Houen, General Member Decision: Application for interim non-publication order is dismissed Catchwords: Health practitioner -complaint alleging misconduct of a sexual nature-application for interim non-publication order of name of respondent - principle of open justice -application dismissed Legislation Cited: Health Practitioner Regulation National Law, s165K, Clause 7 of Schedule 5D Civil and Administrative Tribunal Act, 2013, s64 Jury Act, 1977, s68C Cases Cited: Health Care Complaints Commission v BXD (No 2) [2015] NSWCATOD 135 Health Care Complaint Commission v Vo [2014] NSWCATOD 127 Category: Principal judgment Parties: Health Care Complaints Commission (Complainant) Dr Elvin Suet Pang Chen (Respondent) Representation: Counsel: C Davenport SC (Complainant) W Hunt (Respondent)

Solicitors: Health Care Complaints Commission (Complainant in person) Avant Legal (Respondent) File Number(s): 1520230 Publication restriction: A non-publication order in relation to anything that might identify the patients of the respondent