Health Care Complaints Commission v Cain [2017] NSWCATOD 131

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Cain [2017] NSWCATOD 131 Hearing dates: 13, 14, 15 March 2017 and 11 August 2017 (final written submissions) Date of orders: 30 August 2017 Decision date: 30 August 2017 Jurisdiction: Occupational Division Before: A Britton, Principal Member D Beaumont, Professional Member V Gibson, Professional Member A Glass, General Member Decision: (1) Within 14 days of the date of this decision, the Commission must file and serve any proposed protective orders and submissions in support. (2) Within 14 days of receipt of the Commission's submissions, Mr Cain must file and serve his response to the Commission's proposed orders, any alternate proposed protective orders and submissions in support. (3) Within 7 days of receipt of Mr Cain's submissions, the Commission must file and serve any submissions in reply. (4) Within 30 days of the date of this decision, each party must notify the Tribunal and each other whether in their opinion the issue of protective orders can be adequately determined on the basis of written submissions and without holding a further hearing. Catchwords: PROFESSIONS AND TRADES - health practitioner - whether practitioner guilty of unsatisfactory conduct - whether practitioner guilty of professional misconduct Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 Eastman v Director of Public Prosecutions (ACT) [2003] HCA 28; 214 CLR 318; 198 ALR 1; 77 ALJR 1122 Forster v Hunter New England Area Health Service [2010] NSWCA 106 Health Care Complaints Commission v Litchfield [1997] NSWSC 297; (1997) 41 NSWLR 630 King v Health Care Complaints Commission [2011] NSWCA 353 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd [1992] HCA 66; (1992) 67 ALJR 170; (1992) 110 ALR 449 NT Power Generation Pty Ltd v Power and Water Authority (2004) 219 CLR 90; [2004] HCA 48 Bale v Mills [2011] NSWCA 226; 81 NSWLR 498 Sudath v Health Care Complaints Commission [2012] NSWSC 171 Sullivan v Civil Aviation Safety Authority [2014] FCAFC 93; (2014) 226 FCR 555 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) David Cain (Respondent) Representation: Counsel: S Maybury (Applicant) P Robertson (Respondent)