Orr v Director of Proceedings on behalf of the Health Ombudsman

[2024] QCA 67

Queensland Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Administrative tribunals
3. › Jurisdiction
4. › Collateral attack on jurisdiction
5. › Whether tribunal has power to rule on validity of referral decision
6. › Whether validity of referral is a jurisdictional fact
7. › Health Ombudsman Act 2013 (Qld), ss 94(1)(b), 103
8. › Queensland Civil and Administrative Tribunal Act 2009 (Qld), ss 10(1)(b), 15(b), 34, 47
1. Administrative Law
2. › Administrative tribunals
3. › Statutory appeals from administrative authorities to courts
4. › Disciplinary proceedings against health practitioners
5. › Referral by Director of Proceedings to QCAT
6. › Whether referral conditioned on lawfulness of underlying investigation
7. › Health Ombudsman Act 2013 (Qld), ss 102, 103, 104

Quick Take

Health practitioners cannot challenge QCAT's jurisdiction by attacking the validity of the Director's referral decision based on alleged defects in the underlying investigation; such challenges must be pursued by way of judicial review in a court of competent jurisdiction.