DPD v Nursing and Midwifery Council of NSW [2019] NSWCATOD 102

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DPD v Nursing and Midwifery Council of NSW [2019] NSWCATOD 102 Hearing dates: 21 June 2019 Date of orders: 21 June 2019 Decision date: 21 June 2019 Jurisdiction: Occupational Division Before: Boland J, ADCJ, Deputy President Decision: 1. Under s 64 of the Civil and Administrative Tribunal Act 2013 (NSW) an order is made prohibiting publication of the name of the appellant or any material which would identify her in the ex tempore reasons for decision of the Tribunal made on 27 June 2018. 2. The applicant's applications filed 21 and 22 May 2019 are otherwise dismissed. Catchwords: PROFESSIONS AND TRADES – registered health professional – where applicant seeks a non publication order. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Health Care Complaints Commission v Reid [2019] NSWCATOD 31 Category: Procedural and other rulings Parties: DPD (Applicant) Nursing and Midwifery Council of NSW (Respondent) Representation: Counsel:

Solicitors: Harmers Workplace Lawyers (Applicant) Health Professionals Council Authority (Respondent) File Number(s): 2018/00218386 and 2018/51188 Publication restriction: An order was made by consent on 21 September 2018 prohibiting the publication of the name of the applicant under Cl 7 of Schedule 5D of the Health Practitioner Regulation National Law.

ex-tempore REASONS FOR DECISION 1. The applications before me are applications by DPD for a non-publication order. DPD is a registered nurse. For convenience only, I will refer to her as "the practitioner". The practitioner names as the respondent to her application the Registrar of the Tribunal. However, the proceedings in respect of which she seeks a non-publication order were proceedings between herself and the Nursing and Midwifery Council of NSW (the Council). Mr I Martin appears on behalf of the Council today. The Council does not oppose the application. 2. The grounds for the practitioner's application are set out in para 2 of her applications. She states: I cannot find a Registered Nurse position in any other Nursing Agency, Hospital, Health Facilities due to my name was published under NCAT New South Wales Civil and Administrative Tribunal public space, website … 1. In support of her applications the practitioner annexes a letter, undated, addressed to the Principal Registrar of the Tribunal. The gist of her letter is that she had been adversely affected in job applications because there has been reporting of her name in social media associated with her appeal to this Tribunal.