Dr B v Health Secretary on behalf of a Local Health District [2018] NSWIRComm 1060

Industrial Relations Commission New South Wales Medium Neutral Citation: Dr B v Health Secretary on behalf of a Local Health District [2018] NSWIRComm 1060 Hearing dates: 14 September 2018 Date of orders: 09 October 2018 Decision date: 09 October 2018 Jurisdiction: Industrial Relations Commission Before: Chief Commissioner Kite SC; Constant C; Sloan C Decision: Leave to appeal refused Catchwords: APPEAL – application for leave to appeal – whether exercise of discretion disclosed error – proportionality - grounds in support of leave to appeal not made out – leave to appeal refused Legislation Cited: Health Practitioner Regulation National Law (NSW) Act 2009 (NSW) Health Services Act 1997 (NSW) Industrial Relations Act 1996 (NSW) Cases Cited: Dr A v Health District (No 2) [2014] NSWIRComm 50 Dr B v Local Health District [2018] NSWIRComm 1037 Industrial Relations Secretary v Wattie [2017] NSWIRComm 1007 Public Service Association and Professional Officers Association Amalgamated Union of New South Wales v Roads and Maritime Services [2015] NSWIRComm 16 Stegbar v Transport Workers' Union (2008) 173 IR 350 at 359; [2008] NSWIRComm 104 Wattie v Industrial Relations Secretary on behalf of the Secretary of the Department of Justice (No 2) [2018] NSWCA 124 Xiao v Industrial Relations Secretary (Department of Justice) [2018] NSWIRComm 1054 Category: Principal judgment Parties: Dr B (Appellant) Health Secretary (Respondent) Representation: Counsel: J Nolan (Appellant) M Easton (Respondent)