Health Care Complaints Commission v Safi [2017] NSWCATOD 26

Health Care Complaints Commission v Safi [2017] NSWCATOD 26

The respondent did not establish special, exceptional or extraordinary circumstances warranting departure from the principle of open justice. The prior criminal acquittal did not determine the application because the Tribunal proceedings concerned different disciplinary issues and applied a different standard of...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
06 February 2017
Procedural Posture
Health Practitioner Disciplinary Complaint Alleging Unsatisfactory Professional Conduct and Professional Misconduct; Application for Interim Non Publication Order / Application at Commencement of Proceedings for Interim Non Publication Order Under Clause 7 of Schedule 5 D to the Health Practitioner Regulation National Law (nsw)
Outcome
Application for interim non-publication order declined.
Legal Topics
['non Publication Orders' 'open Justice' 'professional Misconduct' 'unsatisfactory Professional Conduct' 'sexual Misconduct Allegations' 'interim Suppression Orders']
['administrative Law' 'health Practitioner Regulation' 'professional Discipline'] ['non Publication Orders' 'open Justice' 'professional Misconduct' 'unsatisfactory Professional Conduct' 'sexual Misconduct Allegations' 'interim Suppression Orders']

Source-derived case record

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Procedural Posture

Health Practitioner Disciplinary Complaint Alleging Unsatisfactory Professional Conduct and Professional Misconduct; Application for Interim Non Publication Order / Application at Commencement of Proceedings for Interim Non Publication Order Under Clause 7 of Schedule 5 D to the Health Practitioner Regulation National Law (nsw)

Legal Issues

  1. 1 ["Whether the Tribunal should make an interim non-publication order suppressing the respondent's name in disciplinary proceedings involving allegations including misconduct of a sexual nature." "Whether the respondent's prior acquittal in criminal proceedings arising out of the same consultation, potential adverse publicity, and possible impact on his wife's reputation constituted special, exceptional or extraordinary circumstances justifying departure from open justice."]

Ratio Decidendi

The respondent did not establish special, exceptional or extraordinary circumstances warranting departure from the principle of open justice. The prior criminal acquittal did not determine the application because the Tribunal proceedings concerned different disciplinary issues and applied a different standard of proof. Possible reputational harm to the respondent and unsupported assertions of harm to his wife were insufficient to justify an interim non-publication order.

Court Disposition

Application for interim non-publication order declined.

Orders

  • ['Application for interim non-publication order dismissed.' 'Non-publication order with respect to the identity of or any material which might tend to identify Patient A.']