Zepinic v Health Care Complaints Commission [2018] NSWCATOD 92

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Zepinic v Health Care Complaints Commission [2018] NSWCATOD 92 Hearing dates: 5 June 2018 Date of orders: 05 June 2018 Decision date: 05 June 2018 Jurisdiction: Occupational Division Before: L Pearson, Principal Member A Shires, Professional Member E Collins, Professional Member P Hooker, General Member Decision: The hearing is adjourned to 17 and 18 July 2018 Catchwords: Health practitioner – application for reinstatement order – adjournment Legislation Cited: Civil and Administrative Tribunal Act 2013 Health Practitioner Regulation National Law (NSW) Psychologists Act 2001 Cases Cited: Ameisen v Medical Council of New South Wales [2015] NSWCATOD 49 Ex parte Tziniolis; Re Medical Practitioners' Act (1966) 67 SR(NSW) 448 Expense Reduction Analysts Group Pty Ltd v Armstrong Strategic Management Pty Ltd [2013] HCA 46; (2013) 250 CLR 303 Litchfield v Medical Council of New South Wales [2012] NSWMT 8 Category: Procedural and other rulings Parties: Vito Zepinic (Applicant) Health Care Complaints Commission (Respondent) Representation: Counsel: P Lowson (Respondent)

Solicitors: Applicant self-represented Health Care Complaints Commission (Respondent) File Number(s): 2018/00057863

REASONS FOR DECISION 1. On 21 February 2018 Dr Vito Zepinic applied to the Tribunal for a reinstatement order to enable him to be considered for re-registration as a psychologist. The application was supported by an affidavit affirmed on 13 February 2018, with 13 annexures. The applicant subsequently provided a further affidavit affirmed on 16 March 2018. 2. The applicant has previously been registered in New South Wales as a psychologist. On 12 August 2010 the Psychologists Tribunal of New South Wales, having heard an appeal from a decision of the Psychologists Registration Board of New South Wales under s 17 of the Psychologists Act 2001 and an Inquiry under s 109 of that Act, made an order cancelling the applicant's name from the Register, a prohibition order and an exclusion order for a period of five years. The applicant requires a reinstatement order under s 163B of the Health Practitioner Regulation National Law (NSW) in order for his application for registration to be considered by the Psychology Board of Australia. 3. At a directions hearing on 23 March 2018 at which the applicant appeared in person and the respondent was represented by its solicitor, directions were made for the parties to exchange and provide their evidence and submissions on which they intended to rely. The hearing was listed for two days, on 5 and 6 June 2018. 4. The procedural directions made on 23 March 2018 required the applicant to provide to the Tribunal and respondent his evidence-in-chief and statements by 4 April 2018. The respondent was directed to provide its documents by 17 May 2018, and the applicant was to provide any reply by 24 May 2018. 5. The applicant's submissions were received at the Tribunal on 29 March 2018. The respondent's documents (numbered 1-16) served on 17 May 2018 were received by the Tribunal on 22 May 2018. On 24 May 2018 the respondent provided its Reply, stating that it appears as contradictor to the application and opposes the application. Additional material (documents 17-33) served by the respondent on 31 May 2018 was received by the Tribunal on 1 June 2018. 6. On 5 June 2018 the hearing was adjourned. These are the reasons for the Tribunal's decision to adjourn.