Yee v Medical Council of New South Wales [2017] NSWCATAD 370

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Yee v Medical Council of New South Wales [2017] NSWCATAD 370 Hearing dates: On the papers Date of orders: 15 December 2017 Decision date: 15 December 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: P H Molony, Senior Member Decision: The new decision of the Medical Council made on 21 April 2017 refusing Mr Yee access to documents 3 and 4 is affirmed. Catchwords: Government Information (Public Access) – complaint handling function of the HCCC - referral of complaint to Medical Council of NSW - whether information then obtained by Medical Council relates to complaint handling function of the HCCC - excluded information – conclusive presumption of an overriding public interest consideration against disclosure. Legislation Cited: Civil and Administrative Tribunal Act 2013 Government Information (Public Access) Act 2009 Health Care Complaints Act 1993 Health Practitioner Regulation National Law (NSW) Cases Cited: Achieve Australia Ltd v Department of Family and Community Service (NSW) [2014] NSWCATAD 171 DF v Director General, Attorney Generals Department [2002] NSWADT 164. Pertsinidis v Illawarra Shoalhaven Local Health District [2014] NSWCATAD 130 Sinclair v Psychology Council [2017] NSWCATAD 8 Whyte v Medical Council [2014] NSWCATAD 190 Category: Principal judgment Parties: Eh Farn Yee (Applicant) Medical Council of New South Wales (Respondent) Representation: Solicitors: Applicant – In person Crown Solicitor's Office (Respondent) File Number(s): 2017/00160834