Health Care Complaints Commission v Menz [2017] NSWCATOD 141

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Menz [2017] NSWCATOD 141 Hearing dates: 19 July 2017 Date of orders: 29 September 2017 Decision date: 29 September 2017 Jurisdiction: Occupational Division Before: A Britton, Principal Member J Flood, Professional Member A Currie, Professional Member A Johnston, Lay Member Decision: (1) Complaint 1 and Complaint 2 to be proven.

(2) By 13 October 2017, the Commission must file and serve any proposed protective orders and submissions in support.

(3) By 27 October 2017, Mr Menz must file and serve his response to the Commission's proposed orders, any alternative proposed protective orders, and submissions and evidence in support.

(4) By 3 November 2017, the Commission must file and serve any submissions in reply.

(5) By 27 October 2017, 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 as permitted by s 50(3) of the Civil and Administrative Tribunal Act 2013 (NSW). Catchwords: PROFESSIONS AND TRADES - health practitioner - whether practitioner not a suitable person to hold registration. PROCEDURAL FAIRNESS –hearing complaint in absence of respondent constitutes a denial of procedural fairness. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1900 (NSW) Evidence Act 1995 (NSW) Health Practitioner Regulation (National Uniform Legislation) Act 2010 (NT) Health Practitioner Regulation National Law (NSW) Health Practitioners Act 2004 (NT) Poisons and Therapeutic Goods Act 1966 (NSW) Poisons and Therapeutic Goods Regulation 2008 (NSW) Cases Cited: Chief Executive Department of Tourism, Fair Trading & Wine Industry Development v 4 Play (Oz) Pty Ltd [2008] QCA 267 Health Care Complaints Commission v Brush [2015] NSWCATOD 120 Health Care Complaints Commission v Istephan (No 2) [2017] NSWCATOD 116 King v Health Care Complaints Commission [2011] NSWCA 353 Lucire v Health Care Complaints Commission [2011] NSWCA 99 Minister for Immigration and Multicultural Affairs v Ali [2000] FCA 1385; (2000) 106 FCR 313 Sudath v Health Care Complaints Commission [2012] NSWSC 171 Category: Principal judgment Parties: Health Care Complaint Commission (Applicant) Adam Menz (Respondent) Representation: Counsel: A Britt (Applicant) No Appearance (Respondent)