Australia, July 2 -- New South Wales Land and Environment Court issued text of the following judgement:

1. On 12 July 2023 the Tribunal determined three complaints brought by the Health Care Complaints Commission ("the Commission") against a doctor, who sought and obtained a suppression order and who was afforded the pseudonym, FWX ("the Respondent"). The proceedings were brought pursuant to the Health Practitioner Regulation National Law (NSW) (the National Law). At the conclusion of the Stage One hearing, the Tribunal found the complaints proved and that the conduct amounted to professional misconduct: Health Care Complaints Commission v Pincock [2023] NSWCATOD 100.

2. What protective orders should be made consequent on that finding was the subject of a second hearing, the Stage Two hearing, and on 25 October 2024, the Tribunal ordered pursuant to s 149C of the National Law the Respondent's registration be cancelled and he not apply for re-registration within 9 months of the date of the orders: (Health Care Complaints Commission v Pincock (No 3) [2024] NSWCATOD 211).

3. Throughout the two-staged hearing process, the Respondent was referred to by the allocated pseudonym. At the conclusion of the Stage Two hearing, the Respondent sought an order that the suppression order continue or in the alternative that certain parts of the reasons in both hearing stages be redacted and in conformity with any ruling, the evidence to which the reasons referred be similarly redacted. The continuation of the suppression order was opposed by the Commission.

4. On 25 October 2024, judgment on that application was delivered and the suppression order was not continued but orders were made that the Tribunal's reasons in both the Stage One and Two hearings be redacted in accordance with reasons given on that day: (Health Care Complaints Commission v Pincock (No 2) [2024] NSWCATOD 210).

5. Leave was given to the parties to consider the two judgments and the ordered redactions and to make any further submissions on the question of whether, consistently with the reasons, there should be further redactions made. That process was undertaken and the judgments relating to Stages One and Two with redactions were prepared for publication, however, because of the present application, they were not published online but were published to the relevant parties.

Non-Party Application

6. On 20 January 2025, by letter directed to the NCAT Registry, the ex-wife of the Respondent, Ms Claudine Pincock ("the Applicant") referred to the concluded proceedings and said:

"I hold grave concerns that information potentially provided to the Tribunal about me may not be accurate due to information I hold. I am gravely concerned about defamed (sic) if any information about me is released at any time without me having the opportunity to test and respond to that evidence, and it is published to the world at large and accepted as fact."

7. The submission continued:

"I seek orders in the context of the Pseudonym Case on an ex parte basis, being that my name, and the names of any of our three children, and/or any reports or statements or evidence referring to any of us, be marked 'NOT FOR PUBLICATION'. I seek those orders in perpetuity ...."

8. The Applicant was directed to file and serve an application setting out the orders she sought. On 28 January 2025 an application with a supporting statement dated 27 January 2025 was filed.

9. The orders sought are set out in the statement and are:

1) That the statement of [the Applicant] dated 25 January 2025 (sic 27 January) be accepted for filing forthwith.

2) That access be granted to [the Applicant] to inspect the Court file or any document in which she and/or the children of marriage are referred to and other matters are referred to.

3) That [the Applicant] be granted 28 days from the date access is granted to identify and respond to any statement made about or against her which is currently in evidence.

4) That the Respondent thereafter correct any false or misleading information, which is currently in evidence.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1971a0839c130e2f35072e0b)

Disclaimer: Curated by HT Syndication.