matter of the complaint and the reasonable likelihood that the Tribunal will find that the practitioner has engaged in unsatisfactory professional conduct or professional misconduct, action should be taken under this section'.
In short, the text of the Western Australian provision does not support the construction that the decision-maker must undertake the 'compound exercise' which the Court of Appeal found was required under the New South Wales Act. The Complaints Committee is not required to predict the likely outcome in the Tribunal; it is not required to consider whether the provisions for summary conclusion should be applied.
I would not uphold ground 8c.
Ground 11b
Case Details
Citation[2022] WASC 236
CourtWASC
JurisdictionWestern Australia
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