The power to cancel a health practitioner's registration under s 149C(1) of the Health Practitioner Regulation National Law (NSW) is not conditioned on a finding that the practitioner is 'probably permanently unfit' to practise. The 'probably permanently unfit' test developed in the context of legal practitioners and earlier medical practitioner statutes involving moral culpability has no application to the National Law. The Tribunal's evaluative judgment as to the seriousness of the conduct is the relevant criterion. A tribunal's failure to refer to evidence will only constitute error of law where the evidence is 'substantial and consequential' — bare assertions and bald generalisations in a mentor's letter reviewing only 10 patient records do not meet that threshold.
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