Health Care Complaints Commission v DAC [2017] NSWCATOD 48

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v DAC [2017] NSWCATOD 48 Hearing dates: 13 March 2017 Date of orders: 03 April 2017 Decision date: 03 April 2017 Jurisdiction: Occupational Division Before: Cowdroy ADCJ, Principal Member Decision: Grant an interim order suppressing the respondent's name, and the name of the deceased medical practitioner referred to in this application. Catchwords: Suppression order – Consideration of effect on doctor's professional career. Legislation Cited: Health Practitioner Regulation National Law (NSW) Civil and Administrative Tribunal Act 2013 Cases Cited: Clyne v NSW Bar Association (1960) 104 CLR 186 HCCC v Dr Gow (Suppression order) [2008] NSW MT3 HCCC v Safi [2017] NSW CATOD 26 [2017] NSW CATOD HCCC v Dr A [2012) NSW MT 10 (22 June 2012) John Fairfax & Sons Ltd v The Police Tribunal (1986) 5 NSWLR 465 Walton v Momot [1997] NSW CA 334 Category: Procedural and other rulings Parties: Health Care Complaints Commission (Applicant) DAC (Respondent) Representation: Counsel: P Strickland SC (Applicant) Ms Dwyer (Respondent)

Solicitors: Health Care Complaints Commission Avant Lawyers File Number(s): 1620196 Publication restriction: There shall be a non-publication order of the name and address of the registered health practitioner, namely the Respondent in these proceedings, and of the medical practitioner, now deceased, who is referred to in the evidence to be adduced. Such order is made in accordance with the provisions of the Health Practitioner Regulation National Law (NSW) No 86A, Schedule 5D, cl 7(1)(b)(iii) until further order of the Tribunal