Where a professional code of ethics has not been approved by the Minister under s 374(3) of the Health Practitioners (Professional Standards) Act 1999 (Qld), the Tribunal is entitled but not required to have reference to it in assessing unsatisfactory professional conduct, and the content of ethical rules must be established by other means of proof such as expert evidence. An expert witness who gives evidence of professional standards before a tribunal is not a decision-maker, and allegations of apprehended bias against such a witness misunderstand the witness's role. A delay of approximately six years in seeking an extension of time to appeal is inordinate and will not be excused where the explanation is inadequate, the respondent would suffer real prejudice, and the appeal has poor prospects of success.
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