Trinh v Medical Council of New South Wales

[2024] NSWCA 58

NSW Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Delegation of statutory functions
3. › Power to delegate functions conferred on professional council
4. › Whether delegation to persons appointed by Executive Officer constituted invalid subdelegation
5. › Health Practitioner Regulation National Law (NSW), ss 41J, 41Q, 150, Sch 7 cl 29
1. Occupations
2. › Medical practitioners
3. › Misconduct and discipline
4. › Power to suspend registration
5. › Delegation of power to panel appointed by Executive Officer
6. › Whether invalid subdelegation
7. › Health Practitioner Regulation National Law (NSW), ss 41J, 41Q, 150
1. Occupations
2. › Medical practitioners
3. › Misconduct and discipline
4. › Obligation to refer complaint to Tribunal
5. › Whether Council under immediate duty to refer complaint to Tribunal upon suspending registration
6. › Interaction between National Law and Health Care Complaints Act 1993 (NSW)
7. › Health Practitioner Regulation National Law (NSW), ss 145D, 150, 150D
8. › Health Care Complaints Act 1993 (NSW), ss 14, 93
1. Statutory Interpretation
2. › Harmonious construction of overlapping statutory schemes
3. › National Law and Health Care Complaints Act 1993 (NSW)
4. › Whether obligation to refer complaint to Tribunal subject to requirement for prior investigation by Commission
5. › Health Care Complaints Act 1993 (NSW), s 93

Quick Take

The Council is not under an immediate obligation to refer complaints to the Tribunal under s 145D upon suspending registration; the statutory scheme requires investigation by the Commission first, and the statement to the contrary in Pridgeon at [52] should not be followed.