Windsor v Health Care Complaints Commission [2020] NSWCA 110

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Windsor v Health Care Complaints Commission [2020] NSWCA 110 Hearing dates: 30 April 2020 Decision date: 10 June 2020 Before: Gleeson JA at [1] Leeming JA at [143] McCallum JA at [144] Decision: (1) Appeal dismissed.

(2) Dismiss the notice of motion filed 27 April 2020.

(3) Appellant to pay the costs of the first respondent and the second respondent of the proceedings in this Court. Catchwords: APPEAL – medical profession – where suspension by Medical Council of New South Wales of registration of medical practitioner – where suspension affirmed on internal review by Medical Council – Health Practitioner Regulation National Law (NSW), s 150, s 150A – where no appeal by medical practitioner to NCAT – Health Practitioner Regulation National Law (NSW), s 159, s 159B – appeal to Court of Appeal challenging suspension by Council – appeal incompetent

MEDICAL PROFESSION – protective proceedings – where complaint against medical practitioner by Health Care Complaints Commission – where doctor refused to undergo psychiatric examination as directed by Medical Council of NSW – Health Practitioner Regulation National Law (NSW), s 149E, s 149F – where NCAT cancelled registration of practitioner – Health Practitioner Regulation National Law (NSW), s 149C – where review of Tribunal's decision limited to questions of law – whether error of law demonstrated

ADMINISTRATIVE LAW – bias rule – where Tribunal member ineligible to sit – where fresh Tribunal empanelled – where fresh Tribunal rejected submissions of medical practitioner – whether Tribunal affected by actual or apprehended bias