Kaye v Health Care Complaints Commission [2017] NSWCATOD 157

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kaye v Health Care Complaints Commission [2017] NSWCATOD 157 Hearing dates: 28 February 2017, 2 May 2017, 18 October 2017 (final submissions) Date of orders: 31 October 2017 Decision date: 31 October 2017 Jurisdiction: Occupational Division Before: A Britton, Principal Member A Lowe, Member Decision: The application is listed for further directions on 21 November 2017 at 9:15 am. Catchwords: TRADES AND PROFESSIONS — Unregistered health practitioner — whether Code of conduct for unregistered health practitioners established — whether health practitioner poses a risk to the health and safety of the public

STATUTORY INTERPRETATION — meaning of expression "mental health services" — whether counselling is a mental health service — whether diagnosing a person referred by medical practitioner is a health service

STATUTORY INTERPRETATION — scope of powers conferred by s 41(2) of the Health Care Complaints Act 1993 to place conditions on the provision of health services by a health practitioner Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Decisions Act 2013 (NSW) Health Care Complaints Act 1993 (NSW) Mental Health Act 2007 (NSW) Health Practitioner Regulation 2012 (NSW) Australian Consumer Law (NSW) Trade Practices Act 1974 (Cth) Cases Cited: Australian Competition and Consumer Commission v Dukemaster Pty Ltd (ACN 050 275 226) [2009] FCA 682 Hornsby Building Information Centre Pty Ltd v Sydney Building Information Centre Ltd [1978] HCA 11; (1978) 140 CLR 216 Parkdale Custom Built Furniture Pty Ltd v Puxu Pty Ltd [1982] HCA 44; (1982) Campomar Sociedad Limited v Nike International Limited [2000] HCA 12; 202 CLR 45; 169 ALR 677; 74 ALJR 573. Texts Cited: Macquarie Dictionary, 7th edition Category: Principal judgment Parties: David Kaye (applicant) Health Care Complaints Commission (respondent) Representation: Applicant: J Cohen (Counsel) (28 February 2017) In person (2 May 2017)