A disciplinary tribunal denies procedural fairness where it makes a finding of deliberate falsification of records that was never particularised in the complaint and on which the practitioner was not cross-examined. However, where the remaining proven complaints are sufficiently grave, the appellate court may confirm the penalty of deregistration notwithstanding the setting aside of one finding. The Briginshaw standard is not misapplied where a tribunal finds that the only plausible explanation for clinical findings is the administration of a particular substance, provided this does not reverse the onus of proof.
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