VCAT found HHV engaged in professional misconduct under paragraph (a) of the definition in s 5 of the National Law for attending a gathering of approximately 65 persons during COVID-19 lockdown, and ordered a reprimand and four-month suspension of registration; the Board's application for costs and for education conditions was refused. The Tribunal positioned the seriousness of the conduct between Anni (three-month suspension for nurses at a small gathering) and YZV (six-month suspension for the medical practitioner who hosted the same gathering), arriving at four months. A practitioner's disagreement during negotiations about the characterisation of conduct under the Code of Ethics does not necessarily demonstrate limited insight warranting education conditions, particularly where the Tribunal ultimately agreed with the practitioner on the disputed point. On costs under s 195 of the National Law, the Board's general public interest function and reliance on registration fees is insufficient on its own to justify a costs order; some particular feature of the case must be identified.
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