Health Care Complaints Commission v CWY [2017] NSWCATOD 6

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v CWY [2017] NSWCATOD 6 Hearing dates: 4 and 5 October 2016 Date of orders: 13 January 2017 Decision date: 13 January 2017 Jurisdiction: Occupational Division Before: A Britton, Principal Member A Bizzotto, Professional Member A Jarrett, Professional Member R Davis, General Member Decision: (1) Pursuant to s 149C(1) of the Health Practitioner Regulation National Law (NSW) CWY's registration as a registered health practitioner, is cancelled. (2) Pursuant to s 149C(7) of the Health Practitioner Regulation National Law (NSW), CWY must not apply for review of Order 1, within six months of the date of the expiration of the community treatment order made by the Mental Health Review Tribunal on 10 June 2016, or any extension of that order. (3) Each party is to bear their own costs. (4) Unless otherwise ordered, pursuant to s 64(1) of the Civil and Administrative Tribunal Act 2013, the disclosure of CWY's name is restricted to the parties and their representatives and to any other persons or bodies where disclosure is necessary for the effective implementation and administration of the orders made in these proceedings. (5) Any party wishing to comment on whether the order prohibiting the publication of CWY's name should be continued must file and serve submissions within 14 days of the date of this decision. Any submission must address whether the issue can be adequately determined on the basis of written submissions and without holding a further hearing. (6) Any party wishing to reply to any submission received from the other party about whether the order prohibiting the publication of CWY's name should be continued, must file and serve submissions in reply within 14 days of receipt of the other party's submissions. Any submission must address whether the issue can be adequately determined on the basis of written submissions and without holding a further hearing. Catchwords: ADMINISTRATIVE LAW — Civil and Administrative Tribunal (NSW) — health practitioner — whether practitioner has an impairment — whether practitioner is not competent to practice — appropriate protective orders where practitioner found not to be competent to practice