Health Care Complaints Commission v Chester [2017] NSWCATOD 97

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Chester [2017] NSWCATOD 97 Hearing dates: On the papers Date of orders: 23 June 2017 Decision date: 23 June 2017 Jurisdiction: Occupational Division Before: J Millbank, Senior Member Decision: (1) 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 A in the schedule to the complaint;

(2) The Respondent's request to refer the matter to the Supreme Court of NSW on a matter of law is declined;

(3)The Respondent's application to terminate the inquiry or dismiss the proceedings is denied;

(4) This matter to be listed for directions to set a timetable for hearing;

(5) Costs of this application are reserved until the matter is determined. Catchwords: Nursing – Mental Health Nurse – Complaint initiated by HCCC pursuant to investigation of another practitioner – Whether complaint valid – Application to refer a matter of law to the Supreme Court of NSW – Application to terminate inquiry – Public interest in proceeding with inquiry Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) ss 54, 55, 64; Health Care Complaints Act 1993 (NSW) ss 20A, 21A, 34A, 37A Health Practitioner Regulation National Law 2009 (NSW) ('The National Law') ss 3, 3A, 4, 141; cl 12 Sch 5D Cases Cited: Harman v Secretary of State for the Home Department [1983] 1 AC 280; Hearne v Street [2008] HCA 36; HCCC v BQB [2014] NSWCATOD 157; HCCC v Campbell [2014] NSWCATOD 107; HCCC v Do [2014] NSWCA 307; HCCC v Duggan [2015] NSWCATOD 142; HCCC v Harley [2014] NSWCATOD 110; HCCC v Khan [2014] NSWCATOD 83; HCCC v Manners [2014] NSWCATOD 156; HCCC v Perry [2015] NSWCATOD 76; HCCC v Sarfraz [2015] NSWCATOD 75 HCCC v Sharah [2015] NSWCATOD 99 HCCC v Torrinello [2015] NSWCATOD 90; Milner v Commissioner of Police, NSW Police Force [2017] NSWCATOD 37 Category: Procedural and other rulings Parties: Health Care Complaints Commission (Applicant) Juliet Sarah Chester (Respondent) Representation: Solicitors: Ms Neal (Applicant) Mr Anderson (Respondent) File Number(s): 2017/00043555 Publication restriction: A non-publication order under s 64 of the Civil and Administrative Tribunal Act 2013 (NSW) prohibiting disclosure or publication of the name of Patient A in the schedule to the complaint.