Health Care Complaints Commission v Murray (No 2) [2019] NSWCATOD 111

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Murray (No 2) [2019] NSWCATOD 111 Hearing dates: 1 May 2019 Date of orders: 15 July 2019 Decision date: 15 July 2019 Jurisdiction: Occupational Division Before: A Britton, Principal Member E Anderson, Professional Member D Preswick, Professional Member A Gray, General Member Decision: 1. Ms Murray must pay 70% of the Health Care Complaints Commission's costs, as agreed or assessed. 2. Within 14 days of the date of this decision, the Commission must file and serve any submissions on the form of the proposed conditions set out at [51] in these reasons for decision (the proposed conditions). 3. Within 14 days of receipt of the Commission's submissions Ms Murray must file and serve her submissions on the proposed conditions. 4. In their respective submissions, each party is invited to comment on whether the formulation of conditions can adequately be dealt by way of written submissions without holding a hearing, as permitted by s 50(3) of the Civil and Administrative Tribunal Act 2013 (NSW). Catchwords: PROFESSIONS AND TRADES — health practitioner — appropriate form of disciplinary orders where practitioner found guilty of professional misconduct Legislation Cited: Medical Practice Act 1992 (NSW) Medicines and Poisons Act 2014 (WA) Medicines and Poisons Regulations (WA) Pharmacy Act 2010 (WA) Poisons and Therapeutic Goods Act 1966 (NSW) Poisons and Therapeutic Goods Regulation 2008 (NSW) Cases Cited: Director-General, Department of Ageing, Disability and Home Care v Lambert [2009] NSWCA 102; (2009) 74 NSWLR 523 Health Care Complaints Commission v Athour [2014] NSWCATOD 28 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Dr Della Bruna [2014] NSWCATOD 31 Health Care Complaints Commission v Murray [2018] NSWCATOD 119 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Lee v Health Care Complaints Commission [2012] NSWCA 80 NSW Bar Association v Meakes [2006] NSWCA 340 Oshlack v Richmond River Council [1998] HCA 11; 193 CLR 72 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Category: Consequential orders (other than Costs) Parties: Health Care Complaints Commission (Applicant) Lauren Murray (Respondent) Representation: Counsel: L Fernandez (Applicant) L Murray (Respondent in person)