Nugawela v Medical Board of Australia

[2023] WASCA 92

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Tribunals
3. › State Administrative Tribunal (WA)
4. › Review jurisdiction
5. › Reconsideration of decision under s 31 SAT Act
6. › Whether revocation of decision constitutes substitution of new decision under s 31(2)(c)
7. › Whether substituted decision is appellable decision under s 199(1) National Law
8. › State Administrative Tribunal Act 2004 (WA), ss 26, 27, 29, 31, 47(2)
9. › Health Practitioner Regulation National Law (WA), ss 155, 156(1)(a), 158, 199(1)(e)
1. Health Law
2. › Medical practitioners
3. › Registration
4. › Immediate action
5. › Distinction between immediate action and further action under National Law
6. › Whether decision to take further action is integral component of decision to take immediate action
7. › Health Practitioner Regulation National Law (WA), ss 155, 156(1)(a), 158, 160(1), 169
1. Appeal
2. › Leave to appeal
3. › Appeal from State Administrative Tribunal
4. › Whether grounds of appeal have reasonable prospect of succeeding
5. › Whether sufficient doubt as to correctness of decision
6. › Whether substantial injustice
7. › State Administrative Tribunal Act 2004 (WA), s 105

Quick Take

A decision by the Medical Board to revoke an immediate action decision upon reconsideration under s 31 of the SAT Act constitutes a substitution of a new decision under s 31(2)(c), even where the new decision is simply not to take immediate action. The decision to take 'further action' under s 158(1)(b) of the National Law (investigation, health assessment) is separate and distinct from the decision to take 'immediate action' and is not an 'appellable decision' under s 199(1) of the National Law. The question whether further action under s 158(1)(b) is mandatory upon a decision to take immediate action remains unresolved.