Kirby v Health Care Complaints Commission

(2021) 105 NSWLR 217; [2021] NSWCA 139

NSW Court of Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Statutory Construction
2. › Interpretation
3. › Definition of 'disciplinary body'
4. › Whether body 'established under' a statute includes body authorised by that statute to exercise specified powers
5. › Meaning of 'established under' as distinct from 'created by'
6. › Health Care Complaints Act 1993 (NSW), s 4
7. › Health Practitioner Regulation National Law (NSW), ss 138, 145C, 165B
1. Statutory Construction
2. › Interpretation
3. › Interaction between two statutes
4. › Co-regulatory scheme
5. › Whether 'prosecute' a complaint before a disciplinary body includes 'referring' a complaint to a tribunal
6. › Health Care Complaints Act 1993 (NSW), ss 80(1)(c), 90B
7. › Health Practitioner Regulation National Law (NSW), ss 145C, 145D
1. Professions and Trades
2. › Health practitioners
3. › Dental practitioners
4. › Disciplinary proceedings
5. › Jurisdiction of NCAT to hear complaints against registered health practitioners
6. › Whether Director of Proceedings acted ultra vires in referring complaint to NCAT
7. › Health Care Complaints Act 1993 (NSW), ss 90A, 90B, 90C
8. › Health Practitioner Regulation National Law (NSW), ss 145C, 149A, 149B, 149C

Quick Take

NCAT has jurisdiction to hear complaints referred under s 145C of the National Law, and the Director of Proceedings does not act ultra vires in referring complaints to NCAT.