Health Care Complaints Commission v Dr A [2012] NSWMT 10

Health Care Complaints Commission v Dr A [2012] NSWMT 10

The Tribunal found that special and exceptional circumstances exist due to the significant psychiatric harm previously suffered by the practitioner's children as a result of publicity, justifying a temporary non-publication order of the practitioner's name and address until the youngest children attain 18 years of age. The order will not breach open justice as the circumstances and restrictions on the practitioner's practice are already public knowledge within the community.

Jurisdiction
Australia
Judgment Date
22 June 2012
Procedural Posture
Application for Non Publication Order / Procedural and Other Rulings
Outcome
Non-publication order granted
Legal Topics
['non Publication Order' 'suppression Order' 'open Justice' 'medical Tribunal Proceedings']
['health Law' 'administrative Law'] ['non Publication Order' 'suppression Order' 'open Justice' 'medical Tribunal Proceedings']

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Procedural Posture

Application for Non Publication Order / Procedural and Other Rulings

Legal Issues

  1. 1 ['Whether special or exceptional circumstances exist to justify a non-publication order for the name and address of the practitioner' 'Appropriateness of a non-publication order balancing open justice and protective needs for children']

Ratio Decidendi

The Tribunal found that special and exceptional circumstances exist due to the significant psychiatric harm previously suffered by the practitioner's children as a result of publicity, justifying a temporary non-publication order of the practitioner's name and address until the youngest children attain 18 years of age. The order will not breach open justice as the circumstances and restrictions on the practitioner's practice are already public knowledge within the community.

Court Disposition

Non-publication order granted

Orders

  • ['There shall be a non publication order of the name and address of the registered health practitioner in accordance with the provision of the Health Practitioner Regulation National Law (NSW) No 86a, Schedule 5D, cl 7(1)(b)(iii) until 14 April 2015.']