Bodnar v Health Care Complaints Commission [2019] NSWCATOD 188

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bodnar v Health Care Complaints Commission [2019] NSWCATOD 188 Hearing dates: 21 March 2019, 27 May 2019 Date of orders: 13 December 2019 Decision date: 13 December 2019 Jurisdiction: Occupational Division Before: K Ransome, Senior Member Decision: (1) The decision under review is affirmed. (2) The applicant is to pay the costs of the respondent for the hearing on 21 March 2019 in the amount of $2,705.50, such costs to be paid personally by the applicant's legal representative. Catchwords: PROFESSIONS AND TRADES – health practitioner – naturopath and other therapies – criminal conviction – cause danger of death to child – review of permanent prohibition order – whether order should be modified to permit applicant to deliver certain therapies to persons over 16

COSTS – whether conduct of proceedings caused disadvantage – costs against legal representative personally Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Health Care Complaints Act 1993 (NSW) Health Practitioner Regulation National Law (NSW) Public Health Regulation 2012 (NSW) Cases Cited: R v Bodnar [2018] NSWDC 76 Category: Principal judgment Parties: Marilyn Bodnar (Applicant) Health Care Complaints Commission (Respondent) Representation: Counsel: M Licha (Applicant) P Lowson (Respondent)

Solicitors: Mitry Lawyers (Applicant) Health Care Complaints Commission (Respondent) File Number(s): 2018/00260934 Publication restriction: An order is made under section 64 of the Civil and Administrative Tribunal Act 2013 prohibiting the disclosure or publication of:(1) The name of the child who was the subject of District Court proceedings R v Bodnar [2018] NSWDC 76;(2) any evidence which would identify or tend to identify that child or the child's parents; and(3) the name of the complainant in Exhibit R3 filed in these proceedings and of a former client of the applicant referred to in the first paragraph on page 2 of Exhibit R3 under the heading "My complaint is:".