Heath Care Complaints Commission v Reid (Publication Application) [2019] NSWCATOD 31

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Heath Care Complaints Commission v Reid (Publication Application) [2019] NSWCATOD 31 Hearing dates: 23 November 2018 Date of orders: 21 February 2019 Decision date: 21 February 2019 Jurisdiction: Occupational Division Before: Boland ADCJ, Deputy President Decision: Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 (NSW) an order is made prohibiting publication of the names of the patients, except Patient O (Alison Blake) set out in the Schedule to the Amended Complaint by the Health Care Complaints Commission against Dr Richard Reid and dated 8 December 2017. Catchwords: PROFESSIONS AND TRADES – Health Practitioner – registered medical practitioner – disciplinary proceedings - where non-publication order made to protect privacy of patient's statements and/or clinical records – whether non-publication order should be varied to permit publication of name of deceased patient Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Court Information Act 2010 (NSW) Health Care Complaints Act 1993 (NSW) Health Practitioner Regulation National Law (NSW) Medical Practice Act 1992 (NSW) (repealed) Cases Cited: Health Care Complaints Commission v CSM [2018] NSWSC 902 Health Care Complaints Commission v BXD [2015] NSWCATOD 135 Health Care Complaints Commission v Do (No 2) [2013] NSWMT 11 Health Care Complaints Commission v Vo [2014] NSWCATOD 127 Medical Council of NSW v Lee [2017] NSWCA 282 Category: Procedural and other rulings Parties: Health Care Complaints Commission (Applicant) Richard Reid (Respondent) Leesa Tolhurst (Applicant for ancillary order) Representation: Solicitors: Health Care Complaints Commission (Applicant) Browns Legal and Consulting (Respondent) Applicant for ancillary order (self-represented) File Number(s): 2017/00009430 Publication restriction: On 21 February 2019 an order was made under s 64 of the Civil and Administrative Tribunal Act 2013 prohibiting the name of the publication of the patients except Patient O (Alison Blake) set out in the schedule to the Amended Complaint by the Health Care Complaints Commission against Dr Richard Reid and dated 8 December 2017.