Health Care Complaints Commission v Patel [2019] NSWCATOD 151

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Patel [2019] NSWCATOD 151 Hearing dates: 8 August 2019 Date of orders: 04 October 2019 Decision date: 04 October 2019 Jurisdiction: Occupational Division Before: Cole DCJ, Deputy President, Dr G Yeo, Senior Member, Dr L Cotterell, Senior Member, B Radcliffe, General Member Decision: 1. Under cl 12(1) of Schedule 5D of the Health Practitioner Regulation National Law (NSW), the inquiry into the complaint filed on 6 March 2019 in this matter is terminated. 2. The complaint filed on 6 March 2019 in this matter is dismissed. 3. There will be no order as to costs. Catchwords: PROFESSIONS AND TRADES - health care professionals - medical practitioners - Legislation Cited: Health Practitioner Regulation National Law (NSW) Health Practitioner Regulation (New South Wales) Regulation 2010 Cases Cited: Health Care Complaints Commission v Khan [2014] NSWCATOD 83 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Bhikhubhai Govindbhai Patel (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) Avant Law (Respondent) File Number(s): 2019/00072300 Publication restriction: Nil

REASONS FOR DECISION 1. On 8 August 2019, the Tribunal indicated that an order would be made permitting the Health Care Complaints Commission ('the HCCC') to withdraw the complaint dated 5 March 2019 and filed on 6 March 2019 ('the complaint') against Dr Patel ('the practitioner') under the provisions of the Health Practitioner Regulation National Law (NSW) ('the National Law'). 2. The Tribunal indicated that reasons would be provided.