Zepinic v Health Care Complaints Commission (No 2) [2018] NSWCATOD 166

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Zepinic v Health Care Complaints Commission (No 2) [2018] NSWCATOD 166 Hearing dates: 17, 18 July 2018 Date of orders: 10 October 2018 Decision date: 10 October 2018 Jurisdiction: Occupational Division Before: L Pearson, Principal Member A Shires, Senior Member Dr E Collins, Senior Member P Hooker, General Member Decision: (1) The application is dismissed. (2) Pursuant to s163B(5) of the Health Practitioner Regulation National Law (NSW), the order is not to be reviewed under Part 8 Div 8 until five years after the date of these orders. (3) The applicant shall pay the Health Care Complaints Commission's costs of and incidental to the proceedings as agreed, and failing agreement within 28 days of the date of these orders, as assessed under the legal costs legislation (as defined in s3A of the Legal Profession Uniform Law Application Act 2014 (NSW). Catchwords: TRADES AND PROFESSIONS – health practitioner – psychologist – reinstatement order Legislation Cited: Civil and Administrative Tribunal Act 2013 Crimes (Sentencing Procedure) Act 1999 Health Practitioner Regulation National Law (NSW) Medical Practice Act 1992 Psychologists Act 2001 Vexatious Proceedings Act 2008 Cases Cited: Bahramy v Medical Council of New South Wales [2015] NSWCA 384 Briginshaw v Briginshaw (1938) 60 CLR 336 Donnelly v Health Care Complaints Commission [2014] NSWCATOD 155 Ex parte Tziniolis; Re The Medical Practitioners Act (1966) 67 SR(NSW) 448 Haber v Health Care Complaints Commission [2018] NSWCATOD 16 Health Care Complaints Commission v Kesserwani [2017] NSWCATOD 149 Ng v Health Care Complaints Commission [2018] NSWCATOD 105 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Smithson v Medical Council of New South Wales [2016] NSWCATOD 82 Zaidi v Health Care Complaints Commission (1998) 44 NSWLR 82 Zepinic v Chateau Constructions (Aust) Ltd; Chateau Constructions (Aust) Ltd v Zepinic [2017] NSWSC 582 Zepinic v Health Care Complaints Commission [2018] NSWCATOD 92 Zepinic v Psychologists Registration Board of New South Wales [2010] NSWPST 6 Ziems v Prothonotary of the Supreme Court of NSW [1957] HCA 46; (1957) 97 CLR 279 Category: Principal judgment Parties: Dr Vito Zepinic (Applicant) Health Care Complaints Commission (Respondent) Representation: Counsel: P Lowson (Respondent)