Health Care Complaints Commission v Menz (No. 2) [2017] NSWCATOD 172

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Menz (No. 2) [2017] NSWCATOD 172 Hearing dates: On the papers Date of orders: 30 November 2017 Decision date: 30 November 2017 Jurisdiction: Occupational Division Before: A Britton, Principal Member J Flood, Senior Member A Currie, Senior Member A Johnston, General Member Decision: (1) If still registered the Tribunal would have cancelled Mr Menz's registration as a nurse practitioner pursuant to s 149C(4)(a) of the Health Practitioner Regulation National Law (NSW).

(2) Pursuant to s 149C(7) of the Health Practitioner Regulation National Law (NSW), Mr Menz cannot seek review of Order 1 until 12 months after the date of this decision.

(3) Pursuant to s 149C(4)(c) of the Health Practitioner Regulation National Law (NSW), the National Board is required to record the fact that the Tribunal would have cancelled Mr Menz's registration in the National Register kept by the Board.

(4) Mr Menz must pay the Commission's costs as agreed or assessed. Catchwords: PROFESSIONS AND TRADES - Health Practitioner - whether practitioner not a suitable person to hold registration

WORDS AND PHRASES - meaning of "substantial risk to the health of the pubic"

COSTS - principles applying to awarding costs under Health Practitioner Regulation National Law (NSW) Legislation Cited: Child Protection (Working with Children) Act 2012 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Menz [2017] NSWCATOD 141 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 In IceTV Pty Limited v Nine Network Australia Pty Limited [2009] HCA 14; 83 ALJR 585 NSW Bar Association v Meakes [2006] NSWCA 340 Oshlack v Richmond River Council [1998] HCA 11; 193 CLR 72 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Category: Principal judgment Parties: Health Care Complaint Commission (Applicant) Adam Menz (Respondent) Representation: Counsel: A Britt (Applicant)