Health Care Complaints Commission v Chatoor [2020] NSWCATOD 22

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Chatoor [2020] NSWCATOD 22 Hearing dates: 14 February 2020 and by written submissions dated 21 February 2020 and 28 February 2020 Date of orders: 16 March 2020 Decision date: 16 March 2020 Jurisdiction: Occupational Division Before: Boland AM ADCJ, Deputy President Decision: (1) Paragraph 2 of the Application for Miscellaneous matters filed on 13 February 2020 is dismissed. (2) The costs of the application are reserved to the Tribunal hearing the appeals. (3) The hearing dates fixed for 16 and 17 June 2020 are vacated. (4) The appeals are listed for hearing on 13 and 14 May 2020. Catchwords: PROFESSIONS AND TRADES – registered health professional – medical practitioner – where Professional Standards Committee makes non-publication orders – whether List Manager and or Tribunal has power to vary or set aside the non-publication order pending determination of appeals Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Care Complaints Act 1993 (NSW) Health Practitioner Regulation National Law (NSW) Medical Practice Act 1992 (NSW) (repealed) Cases Cited: Health Care Complaints Commission v Reid (Publication Application) [2019] NSWCATOD 31 Lucire v Health Care Complaints Commission [2011] NSWCA 99 Medical Council v Lee [2017] NSWCA 282 Prince, Stephen [2018] NSWMPSC 2 Category: Procedural and other rulings Parties: Health Care Complaints Commission (Applicant) Dr Roger Chatoor (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) Browns Legal and Consulting (Respondent) File Number(s): 2020/00034765 Publication restriction: On 14 February 2020 an order was made under s 64 of the Civil and Administrative Tribunal Act 2013 (NSW) prohibiting the publication of the name of the patient the subject of the appeal.