› Professional misconduct — disciplinary proceedings
Quick Take
1A failure to afford a party an opportunity to be heard does not constitute a breach of procedural fairness where no practical injustice results — specifically, where the party cannot identify what further material or submissions could have been placed before the tribunal had the opportunity been given.
2The requirement of 'necessity' under s 62 of the Northern Territory Civil and Administrative Tribunal Act 2014 (NT) for a non-publication order cannot be met where the basis is potential psychological harm to a person who unreasonably refuses treatment recommended to avoid or ameliorate that harm.
3Compelling public interest reasons for publishing the identity of a health practitioner subject to disciplinary findings include open justice, public protection, specific and general deterrence, and public confidence in the safety of health services.
