Kirby v Dental Council of NSW

1 NSWLR 416; [2020] NSWCA 91

NSW Court of Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Administrative Law
2. › Bias rule
3. › Apprehended bias
4. › Incompatibility of roles
5. › Prior involvement of decision-makers in investigation
6. › Whether prior involvement in authorising inspections and gathering information invested delegates with interest incompatible with adjudicatory role
7. › Health Practitioner Regulation National Law (NSW), s 150, s 150A
1. Administrative Law
2. › Statutory tribunals
3. › Jurisdiction
4. › Constructive failure to exercise jurisdiction
5. › Whether NCAT conducted hearing de novo on question of conditions
6. › Health Practitioner Regulation National Law (NSW), s 159, s 159C
1. Administrative Law
2. › Health practitioner regulation
3. › Suspension or conditions of registration to protect public
4. › Nature of s 150 power as protective not disciplinary
5. › Interlocutory character of s 150 action
6. › Health Practitioner Regulation National Law (NSW), s 3A, s 150, s 150A, s 150D

Quick Take

Practitioners advising health practitioners subject to s 150 action should note that prior involvement of Council delegates in authorising inspections and gathering information does not, without more, give rise to apprehended bias, particularly where the statutory scheme implicitly contemplates the same body investigating and deciding.