› where complaint against medical practitioner referred by Health Care Complaints Commission to Director of Proceedings under Health Care Complaints Act 1993 (NSW) s 39(1)(a)
› where referral decision challenged
› failure to give reasons
› reasons subsequently provided
Administrative Law
› whether reviewable error of law
› error of law on the face of the record
› where Health Care Complaints Commission gave notice of referral decision under Health Care Complaints Act 1993 (NSW) s 41(1)
› where notice provided conclusion without explanation
› where only semblance of reasons given
› failure to provide reasons amounts to error of law on the face of the record
› availability of certiorari
› reasons subsequently provided
› certiorari unavailable
Administrative Law
› remedies
› certiorari
› availability of certiorari
› where preliminary decision a precondition to ultimate decision affecting legal rights and interests
› sufficient connection with ultimate decision to attract certiorari
Administrative Law
› ground of review other than procedural fairness
› irrelevant and relevant considerations
› where Tribunal had previously given reasons for setting aside suspension of registration
› whether Tribunal reasons relevant to referral decision or prosecution decision in relation to the complaint
› different legal tests in each case
› Tribunal’s reasons not a mandatory relevant consideration
Case Details
Citation[2021] NSWSC 1645
CourtNSWSC
JurisdictionNew South Wales
Unlock so much more with Barrister AI
The full text is available to signed-in members, including the 1 later case that cites this judgment.
