Clarke v Health Care Complaints Commission (No 2)

[2024] NSWCA 15

NSW Court of Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Occupations
2. › Nurses
3. › Qualification and registration
4. › Impairment
5. › Competence
6. › Whether registered nurse suffered impairment detrimentally affecting capacity to practise
7. › Whether nurse competent to practise profession
8. › Whether nurse posed substantial risk to health of public
9. › Cancellation of registration with non-review period
10. › Prohibition from providing health services including health education services
11. › Health Practitioner Regulation National Law (NSW), ss 5, 144, 149C
1. Appeal
2. › Leave to appeal
3. › Appeal as of right on questions of law
4. › Where no clear grounds of appeal advanced
5. › No errors of law established
6. › Civil and Administrative Tribunal Act 2013 (NSW), Sch 5, Pt 6, cl 29(4)(b)
1. Practice and Procedure
2. › Adjournment
3. › Application for adjournment by party refusing to attend hearing
4. › Whether adjournment should be granted where party demands recusal of judge and refuses to appear
1. Evidence
2. › Admissibility
3. › Opinion evidence
4. › Whether Tribunal bound by rules of evidence
5. › Whether medical evidence admissible as expert opinion
6. › Civil and Administrative Tribunal Act 2013 (NSW), s 38(2)
7. › Evidence Act 1995 (NSW), ss 76, 79

Quick Take

Prohibition orders under s 149C(5) of the National Law extend to health education services including teaching nursing, and the Tribunal's broad evidence-gathering powers under s 38(2) of the NCAT Act render objections based on the opinion rule in the Evidence Act inapplicable.