Chatoor v Health Care Complaints Commission of NSW

[2020] NSWCA 111

NSW Court of Appeal

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Interrogate

Catchwords

1. Health
2. › Medical professionals
3. › Disciplinary proceedings
4. › Unsatisfactory professional conduct
5. › Whether conduct significantly below standard reasonably expected
6. › Whether Tribunal failed to apply statutory test
7. › Whether Tribunal failed to have proper regard to expert evidence
8. › Health Practitioner Regulation National Law (NSW), s 139B(1)(a)
1. Health
2. › Medical professionals
3. › Disciplinary proceedings
4. › Sanctions
5. › Whether caution or reprimand appropriate
6. › Re-exercise of Tribunal's power on appeal
7. › Health Practitioner Regulation National Law (NSW), s 149A
1. Appeal
2. › Appeal from NSW Civil and Administrative Tribunal
3. › Leave to appeal on grounds other than questions of law
4. › Civil and Administrative Tribunal Act 2013 (NSW), Sch 5, cl 29

Quick Take

Practitioners defending health professionals in disciplinary proceedings should ensure that the tribunal addresses the correct statutory question — whether the conduct was within the range of reasonable responses — rather than merely whether experts would have acted differently, and should insist that any departure from expert evidence be explained.