Health Care Complaints Commission v CSM [2016] NSWCATOD 125

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v CSM [2016] NSWCATOD 125 Hearing dates: 27 June 2016 Date of orders: 05 October 2016 Decision date: 05 October 2016 Jurisdiction: Occupational Division Before: A Britton, Principal Member S Kennedy, Professional Member A Flanagan, Professional Member B Smith, General Member Decision: (1) The Tribunal decided under s 149C(4)(a) of the Health Practitioner Regulation National Law (NSW) that if CSM were still registered as a nurse practitioner, the Tribunal would have cancelled his registration.

(2) CSM must pay the Commission's costs of the proceedings, as agreed or assessed. Catchwords: ADMINISTRATIVE LAW — Civil and Administrative Tribunal (NSW) — health practitioner — whether practitioner guilty of unsatisfactory professional conduct — whether practitioner guilty of professional misconduct — appropriate disciplinary orders where finding made that practitioner is guilty of professional misconduct

PRACTICE AND PROCEDURE — principles of open justice — whether appropriate to order the suppression of name of health practitioner

COSTS — principles applying to awarding costs under the Health Practitioner Regulation National Law (NSW) Legislation Cited: Health Practitioner Regulation National Law (NSW) Civil and Administrative Tribunal Act 2013 Cases Cited: Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 Fraser v Health Care Complaints Commission [2015] NSWCA 421 HCCC v Jamieson [2014] NSWCATOD 56 Health Care Complaints Commission v Vo [2014] NSWCATOD 127 Health Care Complaints Commission v BXD (No 2) [2015] NSWCATOD 135 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Dr Della Bruna [2014] NSWCATOD 31 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Health Care Complaints Commission v Perceval [2014] NSWCATOD 38 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Lucire v Health Care Complaints Commission (No 2) [2011] NSWCA 182 Merrilyn Walton v Alexander Sergevich Momot & anor (NSW Court of Appeal 17 April 1997) Ohn v Walton (1995) 36 NSWLR 77 Oshlack v Richmond River Council [1998] HCA 11; 193 CLR 72 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Sabag v Health Care Complaints Commission [2001] NSWCA 411 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant ) CSM (Respondent) Representation: Counsel: L Thomas (Applicant)