Mukonoweshuro v Occupational Therapy Board of Australia [2020] NSWCATOD 11

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Mukonoweshuro v Occupational Therapy Board of Australia [2020] NSWCATOD 11 Hearing dates: 23 September 2019, 14 October 2019 (final submissions) Date of orders: 31 January 2020 Decision date: 31 January 2020 Jurisdiction: Occupational Division Before: A Britton, Principal Member J Dath, Senior Member D Morante, Senior Member C Berglund, General Member Decision: (1) The decision made by the Occupational Therapy Board of Australia on 2 May 2019 to refuse to grant Mr Mukonoweshuro's application to remove conditions imposed on his registration as an occupational therapist by the Board in August 2018, is confirmed. (2) Any party seeking an order for costs must file and serve that application together with supporting submissions within 14 days of the date of this decision. (3) Any party opposing that application must file and serve any submissions in reply within 14 days of receipt of the other party's submissions. Catchwords: PROFESSIONS AND TRADES – registered health practitioner – occupational therapist – appeal against decision made under s 175(1) of the National Law – whether practitioner successfully completed period of supervised practice Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 CWV v Medical Board of Australia [2016] NSWCATOD 161 D'Rozario v Dental Board of Australia [2015] NSWCATOD 19 Forster v Hunter New England Area Health Service [2010] NSWCA 106 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Linquist v Nursing and Midwifery Board of Australia [2019] NSWCATOD 185 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd [1992] HCA 66; (1992) 67 ALJR 170; (1992) 110 ALR 449 Texts Cited: Occupational Therapy Board of Australia, Supervision Guidelines for Occupational Therapy, 20 February 2018 Category: Principal judgment Parties: Misheck Mukonoweshuro (Applicant) Occupational Therapy Board of Australia (Respondent) Representation: Counsel: R Francois (Respondent)