Tsolis v Health Care Complaints Commission [2024] NSWCA 284

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Tsolis v Health Care Complaints Commission [2024] NSWCA 284 Hearing dates: 22 November 2024 Decision date: 29 November 2024 Before: Leeming JA at [1]; Kirk JA at [41]; Stern JA at [42] Decision: 1. Grant leave to appeal in relation to grounds 1, 3 and 6 of the proposed Notice of Appeal, and refuse leave to appeal in respect of ground 2. 2. Direct Mr Tsolis to file a notice of appeal corresponding with the grant of leave within 7 days, and dispense with the requirement as to service. 3. Appeal dismissed. 4. Mr Tsolis to pay the Commission's costs of the proceedings in this Court. Catchwords: PROFESSIONS AND TRADES — health care professional — psychologist — complaints referred to NCAT constituted by legally-qualified member, two psychologists and one lay member — "Stage 1" hearing found complaints of unsatisfactory professional conduct and professional conduct established — prior to "Stage 2" hearing, one psychologist member advised she was unable to participate further — Deputy President ordered inquiry to continue and determination made by the remaining three members — respondent appealed — whether s 165C of National Law empowered such an order — whether "inquiry" had completed for purposes of s 165C — whether if order not authorised by s 165C findings of unsatisfactory professional conduct and professional misconduct should be set aside Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), Schedule 5 cl 29 Criminal Appeal Act 1912 (NSW), s 21A Health Practitioner Regulation (Adoption of National Law) Act 2009 (NSW) Health Practitioner Regulation National Law 2009 (NSW), ss 145, 145D, 149, 158, 159, 165B, 165C, 165I, 165L, 165M, Schedule 7 cl 7 Interpretation Act 1987 (NSW), s 33 Supreme Court Act 1970 (NSW), ss 45AA, 48 Cases Cited: Anderson v Canaccord Genuity Financial Ltd (2023) 113 NSWLR 151; [2023] NSWCA 294 Callan v Medical Board of Australia [2024] NSWSC 336 Chang v Legal Profession Complaints Committee (No 2) (2020) 56 WAR 263; [2020] WASCA 208 Commonwealth of Australia v Bank of New South Wales (1949) 79 CLR 497; [1950] AC 235 Health Care Complaints Commission v Dowla [2018] NSWCATOD 96 Health Care Complaints Commission v Robinson [2022] NSWCA 164 Health Care Complaints Commission v Tsolis [2022] NSWCATOD 109 Kuligowski v Metro Bus (2004) 220 CLR 363; [2004] HCA 34 Motor Accidents Insurance Board v Motor Accidents Compensation Tribunal [2016] TASFC 6; 78 MVR 135 Mutual Life & Citizens' Assurance Company Ltd v Evatt (1970) 122 CLR 628; [1971] AC 793 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28 Reimers v Medical Board of Australia [2024] NSWCA 164 Spratt v Perilya Broken Hill Ltd [2016] NSWCA 192 Sydney Seaplanes Pty Ltd v Page (2021) 106 NSWLR 1; [2021] NSWCA 204 Sydney Trains v Batshon [2021] NSWCA 143 The Administration of the Territory of Papua and New Guinea v Daera Guber (1973) 130 CLR 353; [1973] HCA 59 Tsolis v Health Care Complaints Commission [2023] NSWSC 1599 Category: Principal judgment Parties: Sava Tsolis (Applicant) Health Care Complaints Commission (Respondent) Representation: Counsel: M J Jones (Applicant) J Emmett SC and K Bones (Respondent)