Hastwell v Health Care Complaints Commission

[2021] NSWCA 22

NSW Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Judicial review
3. › Health Care Complaints Commission
4. › Decision not to take further steps to progress complaint
5. › Whether judicial review available to complainant
6. › Whether any judicially reviewable error disclosed
7. › Health Care Complaints Act 1993 (NSW), ss 20, 27, 28
1. Administrative Law
2. › Judicial review
3. › Scope of supervisory jurisdiction
4. › Decisions analogous to prosecutorial discretion
5. › Whether decision to discontinue complaint reviewable by certiorari
6. › Whether decision determines questions affecting rights
1. Administrative Law
2. › Procedural fairness
3. › Complainant in statutory complaints process
4. › Whether duty of procedural fairness owed to complainant
5. › Whether failure to disclose practitioner's response constituted denial of procedural fairness
1. Administrative Law
2. › Apprehended bias
3. › Statutory consultation process
4. › Practitioner who is member of consulting body
5. › Whether apprehension of bias established

Quick Take

Under the Health Care Complaints Act 1993 (NSW), the HCCC's decision to discontinue dealing with a complaint may not be amenable to judicial review, and the legal requirements of expert evidence under s 79 of the Evidence Act do not form part of the HCCC's complaints handling regime.