Health Care Complaints Commission v Chen [2018] NSWCATOD 58

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Chen [2018] NSWCATOD 58 Hearing dates: 13 April 2018 Date of orders: 24 April 2018 Decision date: 24 April 2018 Jurisdiction: Occupational Division Before: D A Cowdroy ADCJ, Principal Member Decision: The application, based upon a lack of jurisdiction in the Tribunal to grant the interim suspension pursuant to s 165L, is dismissed. The costs of this application will be costs in the proceedings, unless a different application for cost is made within 21 days of the date of this order. Catchwords: PROFESSIONS AND TRADES – Medical practitioner – application to lift immediate suspension order imposed by section 165L of the National Law during part heard proceedings after Tribunal had received admissions contained in agreed statement of facts and admissions during the hearing-medical practitioner prescribing drugs for depression where no authorisation existed for the use of such drugs for depression Legislation Cited: Health Practitioner Regulation National Law (NSW) Interpretation Act 1987 (NSW) Poisons and Therapeutic Goods Regulation 2008 Cases Cited: Cooper Brookes (Wollongong) Pty Ltd v Federal Commissioner of Taxation (1981) 147 CLR 2 Crouch v Commissioner for Railways (Qld) (95) 159 CLR 22 Fencott v Muller (93) 152 CLR 570 Joye v Beach Petroleum (1996) 137 ALR 506 Miller v Commonwealth (1904) 1 CLR 668 at 674 Mills v Meeking [1990] HCA 6; (1990) 169 CLR 214; 91 ALR 16 at 19 Prakash v HCCC [2006] NSWCA 153 Wacal Developments Pty Ltd v Realty Developments Pty Ltd (1978) 140 CLR 503 Category: Procedural and other rulings Parties: Health Care Complaints Commission (Applicant) Dr Lei Min Chen (Respondent) Representation: Counsel: Ms A Petrie (Applicant) Mr P Griffin (Respondent)