Health Care Complaints Commission v Dowla (Jurisdiction Application) [2018] NSWCATOD 96

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Dowla (Jurisdiction Application) [2018] NSWCATOD 96 Hearing dates: 1 June 2018 and by written submissions submissions received 5 June 2018 and 6 June 2018 Date of orders: 22 June 2018 Decision date: 22 June 2018 Jurisdiction: Occupational Division Before: Boland ADCJ, Deputy President Decision: 1. The proceedings are listed for directions on 6 July 2018 at 11.30am. 2. The directions hearing fixed for 3 August 2018 is vacated. Catchwords: PROFESSIONS AND TRADES – Health practitioner – registered medical practitioner – where practitioner asserts the inquiry has been terminated because the Presiding Member has vacated office – statutory construction – whether conflict or repugnancy between the Health Practitioner Regulation National Law (NSW) and the Civil and Administrative Tribunal Act 2013 (NSW) Legislation Cited: Civil and Administrative Legislation (Repeal and Amendment Act) 2013 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) Medical Practice Act 1992 (NSW) (repealed) Cases Cited: Health Care Complaints Commission v Dowla [2018] NSWCATOD 52 Medical Council of NSW v Lee [2017] NSWCA 282 Project Blue Sky v ABA (1998) 194 CLR 355 [1998] HCA 28 Singh v Medical Council of NSW [2015] NSWCATOD 4 Texts Cited: DC Pearce RS Geddes, Statutory Interpretation in Australia (8th ed, 2014, Lexis Nexis) Category: Procedural and other rulings Parties: Health Care Complaints Commission (Applicant) Mohammed Shareef-Ud Dowla (Respondent) Representation: Counsel: A Britt (Applicant) T Lynch SC (Respondent) S Ahmed (Respondent)