NSW Caselaw
New South Wales Supreme Court
CITATION : AWAD v. HEALTH CARE COMPLAINTS COMMISSION & ANOR [2006] NSWSC 698
HEARING DATE(S) : Thursday 1 June 2006
JUDGMENT DATE : 19 July 2006
JURISDICTION : Administrative Law
JUDGMENT OF : Hall J at 1
DECISION : Amended summons dismissed. Unless the plaintiff wishes to argue to the contrary by lodging written submissions with my associate within 14 days, I propose to order that the costs should follow the event in accordance with UCPR 2005, Part 42.1. Subject to that proviso, I order the plaintiff to pay the defendant's costs of the proceedings.
CATCHWORDS : Whether a purported complaint under the Health Care Complaints Act 1993 (NSW) was a complaint under the Act - if so, whether it was verified as required by former s.23(3) prior to that provision being omitted by the 2004 amending legislation - the meaning of the phrase "verifies the complaint" - what constitutes "verification" - whether breach of the requirement to verify a complaint constituted jurisdictional error invalidating the investigation of the complaint - the decision to prosecute the complaint before the Pharmacy Board and the decision to refer the complaint to the Pharmacy Board - the extent of the retrospective operation of the 2004 amending Act expressed to apply to "a complaint whether made on or after the commencement of the amendment" and whether the amendment applied to a complaint already investigated prior to the amendment
Health Care Complaints Act 1993 (NSW) LEGISLATION CITED : Pharmacy Act 1964 (NSW) Health Legislation Amendment (Complaints) Act 2004
Azed Developments Pty. Limited v. Frederick & Co. Limited (In liq.) (1994) 14 ACSR 54 Besser Industries (NT) Pty. Limited v. Steelcon Constructions Pty. Limited (1995) 129 ALR 308 re Power (1992) 35 FCR 133 CASES CITED : George v. Rockett (1990) 170 CLR 104 SAAP v. Minister for Immigration & Multicultural & Indigenous Affairs (2005) 79 ALJR 1009 Project Blue Sky Inc. v. Australian Broadcasting Authority (1998) 194 CLR 355 NAHV (2003) 129 FCR 214 Commission for Railways (NSW) v. Agalianos (1955) 92 CLR 390
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate