Burggraaff v Health Care Complaints Commission [2016] NSWCATOD 84

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Burggraaff v Health Care Complaints Commission [2016] NSWCATOD 84 Hearing dates: On the papers Date of orders: 29 June 2016 Decision date: 29 June 2016 Jurisdiction: Occupational Division Before: Boland ADCJ, Deputy President Decision: 1.ORDER that pursuant to s 163(1)(a1) the Nursing and Midwifery Council of NSW is the appropriate review body to review the conditions on the registration of the applicant.

2.ORDER that on application made in writing to the Registrar and notified to the applicant within 7 days of the making of this decision the Health Care Complaints Commission may seek to set aside or vary Order 1 of these orders. Catchwords: HEALTH PRACTITIONER REGULATION LAW – Where former Nursing and Midwifery Tribunal of NSW imposed conditions on practitioner's registration – where no "appropriate review body" nominated in former Tribunal's order. HELD appropriate for the review to be conducted by the Council rather than the Tribunal. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law Health Practitioner Regulation National Law (NSW) Amendment (Review) Act 2016 (NSW) Cases Cited: Arkita McAuley v Nursing and Midwifery Council of New South Wales [2013] NSWNMT 13 Re Application of Guy Kingsley Herron [2016] NSWCATOD 59 Category: Procedural and other rulings Parties: Keith Burggraaff (Applicant) Health Care Complaints Commission (Respondent) Representation: Hallam & Littlewood (Applicant) Health Care Complaints Commission (Respondent) File Number(s): 1620057 Publication restriction: Not applicable