NSW Caselaw
Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Linquist v Nursing and Midwifery Board of Australia [2018] NSWCATOD 183 Hearing dates: 21 June 2018 Date of orders: 09 November 2018 Decision date: 09 November 2018 Jurisdiction: Occupational Division Before: A Britton, Principal Member Decision: (1) The Tribunal has jurisdiction to determine the appeal. (2) The appeal is listed for directions on 23 November 2018 at 11:30. Catchwords: PROFESSIONS AND TRADES — whether decision under appeal is an "appealable decision" under s 175 of Health Practitioner Regulation National Law (NSW)
PROFESSIONS AND TRADES — whether appellant meet a requirement for registration stated in an approved registration standard for the profession, the "Registration standard: Recency of Practice"
PROFESSIONS AND TRADES — whether eligibility for registration can be achieved by the imposition of conditions under s 52(2) of the Health Practitioner Regulation National Law (NSW) Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Environmental Planning & Assessment Act 1979 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Allesch v Munch [2000] HCA 40; 203 CLR 172 Australian Securities Commission v Marlborough Gold Mines Ltd [1993] HCA 15; (1993) 177 CLR 485 Chinese Medicine Board of Australia v Lee [2014] QCA 149 Farah Constructions Pty Ltd v Say-Dee Pty Ltd [2007] HCA 22; (2007) 81 ALJR 1107 Hanes v Psychology Board of Australia (Review and Regulation) [2015] VCAT 886 Krause v Medical Board of Australia [2013] VCAT 1009 McMahon v The Nursing and Midwifery Board of Australia [2013] NSWNMT 4 Project Blue Sky v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28 Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472 Category: Procedural and other rulings Parties: Tara-Louise Linquist (appellant) Nursing and Midwifery Board of Australia (respondent) Representation: Counsel: P Lonergan (Appellant) KJ Young (Respondent)
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