Bar-Mordecai v Health Care Complaints Commission

[2002] NSWCA 192

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Medical Tribunal
3. › Appeal on point of law only
4. › Whether findings of fact amenable to challenge on appeal
5. › No error of law identified
6. › Medical Practice Act 1992 (NSW), ss 36, 37, 90, 91
1. Health Law
2. › Medical practitioners
3. › Professional misconduct
4. › Unsatisfactory professional conduct
5. › Doctor-patient relationship
6. › Sexual relationship with patient
7. › Financial benefits from patient
8. › Disclosure of confidential patient information
9. › Failure to keep drug register
10. › Deregistration
11. › Medical Practice Act 1992 (NSW), ss 36, 37
1. Evidence
2. › Standard of proof
3. › Disciplinary proceedings
4. › Balance of probabilities applicable to medical disciplinary tribunal
1. Administrative Law
2. › Disciplinary tribunals
3. › Penalty
4. › Whether tribunal may take into account matters not subject of complaint when determining penalty
5. › Bannister v Walton (1993) 30 NSWLR 699

Quick Take

The balance of probabilities is the appropriate standard of proof before the Medical Tribunal. When determining penalty, the Tribunal may take into account matters beyond those specifically the subject of the complaint, including the practitioner's attitude to regulatory requirements and relationships with other patients. A tribunal's preference for one witness over another cannot found an allegation of bias.