Date of Hearing: By written submissions of Nursing and Midwifery Council dated 1 August 2013, correspondence from the Health Care Complaints Commission dated 27 July 2013, and documents provided by the NSW Nurses and Midwives? Association including submissions of the applicant dated 29 July 2013.

Date of Hearing: By written submissions of Nursing and Midwifery Council dated 1 August 2013, correspondence from the Health Care Complaints Commission dated 27 July 2013, and documents provided by the NSW Nurses and Midwives? Association including submissions of the applicant dated 29 July 2013.

Date of orders: 12 September 2013

Appearances at directions hearing held on 26 July 2013

Appellant: Ms Linda Alexander of the NSW Nurses and Midwives? Association appeared on behalf of the applicant.

Complainant: Ms Christine Campbell, Solicitor, appeared on behalf of the Health Professional Council Authority.

Ms Samantha King appeared on behalf of the Health Care Complaints Commission.
M
Council
Catchwords

Application under s 163 (1) (a1) of the Health Practitioner Regulation National Law (NSW) for review of conditions imposed on practitioner?s registration by a Professional Standards Committee to be heard by a Health Profession Council rather than the Nursing and Midwifery Tribunal – whether Tribunal or Council most appropriate body to hear review. HELD review should be determined by Council.

Legislation cited:

Health Practitioner Regulation National Law (NSW)
Health Legislation Amendment Act 2012 (NSW)
Nurses and Midwives Act 1991 (NSW) (repealed)

Cases cited:

Marks v Health Care Complaints Commission [2012]NSWNMT 16
Coe v Health Care Complaints Commission [2013] NSWNMT 11.
McAuley v Health Care Complaints Commission [2013] NS

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