DHO v Medical Council of NSW [2018] NSWCATOD 80

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DHO v Medical Council of NSW [2018] NSWCATOD 80 Hearing dates: Decision on the Papers Date of orders: 25 May 2018 Decision date: 25 May 2018 Jurisdiction: Occupational Division Before: D A Cowdroy ADCJ, Principal Member Decision: (1) The orders made on 31 January 2018 be vacated and the following orders be substituted.

(2) That pursuant to s 159C(1) of the Health Practitioner Regulation National Law (NSW) ("National Law"), the Tribunal confirms the suspension ordered by the respondent on 20 March 2017 and dismisses this Appeal.

(3) That the name and address of the appellant and the evidence in these proceedings not be published until finalization of the criminal proceedings or until further order save for the communication of Order 2 hereof to relevant health bodies.

(4) That the respondent / applicant (DHO) pay the costs of the applicant / respondent (Medical Council) in respect of the appeal as provided by cl 13(3A) of Sch 5D of the National Law by agreement or failing agreement, by assessment.

(5) That the respondent / applicant (Medical Council) pay the costs of DHO in respect of the application as provided by cl 13(3A) of Sch 5D to the National Law by agreement or failing agreement, assessment.

(6) That pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 (NSW) publication of the name of the respondent to this application be prohibited. Catchwords: PRACTICE – application under s 63 of the NCAT Act - whether any error or slip exists in order. Legislation Cited: Civil and Administrative Tribunal Act 2013 Health Practitioner Regulation National Law (NSW) Cases Cited: Campbell v Brisbane City Council (1967) 14 LGRA 305 DHO v Medical Council of NSW [2018] NSWCATOD 13 Hatton v Harris [1892] AC 547 at 558 In the Marriage of Bailey (1990) 99FLR 419 Seven Network (Operations) Limited v James Warburton (No 1) [2011] NSWSC 385 Category: Procedural and other rulings Parties: Medical Council of NSW (Applicant on application) DHO (Respondent to application) Representation: Counsel: M Robinson SC (Applicant) P Lowson (Respondent)