Health Care Complaints Commission v Istephan [2017] NSWCATOD 15

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Istephan [2017] NSWCATOD 15 Hearing dates: 5 December 2016 and by written submissions received on 19 December 2016 and 23 December 2016 Date of orders: 24 January 2017 Decision date: 24 January 2017 Jurisdiction: Occupational Division Before: Boland ADCJ, Deputy President Dr F A C Wright, Professional Member Dr A Lang, Professional Member F Taylor, General Member Decision: A preliminary hearing to determine whether Dr Andrew Istephan should be granted a certificate under s 128 of the Evidence Act 1995 (NSW) in respect of his evidence is to be conducted on 16 February 2017. Catchwords: PROFESSIONS AND TRADES – Where practitioner seeks a certificate under s 128 of the Evidence Act 1995 (NSW) – whether the practitioner is compellable – where practitioner proposes a separate hearing at which certificate is granted prior to inquiry into complaint Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Evidence Act 1995 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Aon Risk Services Australia Limited v Australian National University [2009] HCA 27 Cornwell v The Queen [2007] HCA 12 Council of the NSW Bar Association v Power [2008] NSWCA 135 Ferrall and McTaggart as Trustees for the Sapphire Trust and Ors v Blyton and Blyton and Attorney-General of the Commonwealth (Intervener) [2000] FamCA 1442 Kalid Kaddour v The Queen [2013] NSWCCA 243 Lucire v Health Care Complaints Commission [2011] NSWCA 99 Ollis v Lelissari [2005] NSWSC 1016 Song v Ying [2010] NSWCA 237 Ying v Song [2009] NSWSC 1344 Texts Cited: Ritchie's Uniform Civil Procedure NSW 2005 Uniform Evidence Report 102 (2005) Australian Law Reform Commission Category: Procedural and other rulings Parties: Health Care Complaints Commission (Applicant) Dr Andrew Istephan (Respondent) Representation: Counsel: R Mathur (Applicant) Q Rares (Respondent)