Papps v Medical Board of South Australia

[2006] SASC 234

Supreme Court of South Australia

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Interrogate

Catchwords

1. Appeal
2. › Competency of appeal
3. › Appeal from single judge to Full Court
4. › Whether rules of court can impliedly deny statutory right of appeal
5. › Jurisdiction-conferring provisions to be construed broadly
6. › Supreme Court Act (SA), s 50
1. Administrative Law
2. › Tribunals
3. › Medical practitioners
4. › Appeal from disciplinary tribunal
5. › Nature of appeal
6. › Whether appeal by way of rehearing or de novo
7. › Medical Practitioners Act 1983 (SA), s 66
1. Administrative Law
2. › Procedural fairness
3. › Disciplinary proceedings
4. › Unrepresented party
5. › Whether tribunal required to warn of risk of suspension or cancellation
6. › Medical Practitioners Act 1983 (SA), s 62(3)
1. Administrative Law
2. › Tribunals
3. › Disciplinary penalty
4. › Whether suspension manifestly excessive
5. › Appellate review of penalty
6. › Protection of the public as paramount concern

Quick Take

An appeal from a single judge to the Full Court under s 50 of the Supreme Court Act (SA) is competent in respect of decisions on appeals from the Medical Practitioners Tribunal under s 66 of the Medical Practitioners Act 1983 (SA), and the rules of court cannot impliedly deny such a statutory right of appeal. The appeal under s 66 is by way of rehearing, not de novo.