Eather v Health Care Complaints Commission [2017] NSWCATOD 42

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Eather v Health Care Complaints Commission [2017] NSWCATOD 42 Hearing dates: 31 October 2016 Date of orders: 28 March 2017 Decision date: 28 March 2017 Jurisdiction: Occupational Division Before: J Millbank, Senior Member Decision: 1. The Application is dismissed pursuant to s 55(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW); 2. A non publication order under s 64 of the Civil and Administrative Tribunal Act 2013 (NSW) prohibiting disclosure or publication of the name of the patient in the HCCC evidence; 3. Pursuant to cl 13(3A) of Sch 5D of the National Law the Applicant is to pay the HCCC costs in the amount of $4772. Catchwords: Costs ‒ application for reinstatement by de-registered practitioner ‒ application withdrawn when matter part heard. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) ss 55; 64 Health Practitioner Regulation National Law 2009 (NSW) ('The National Law') ss 145C; 145I; Sch 5D cl 13(3A) Cases Cited: Donnelly v HCCC [2014] NSWCATOD 155; HCCC v Eather (No 1) [2011] NSWCHT 1; HCCC v Eather (No 2) [2011] NSWCHT 2; HCCC v Eather (No 3) [2013] NSWCHT 2 HCCC v Philipiah [2013] NSWCA 342; Oshlack v Richmond City Council (1998) 193 CLR 72; Category: Costs Parties: Paul Matthew Eather, (Applicant)

Health Care Complaints Commission (Respondent) Representation: Counsel: Mr Kauffman (Applicant - in part), The Applicant appeared for himself in part Mr Britt (Respondent)