HEALTH CARE COMPLAINTS COMMISSION v KARALASINGHAM [2007] NSWCA 267

New South Wales Court of Appeal

CITATION: HEALTH CARE COMPLAINTS COMMISSION v KARALASINGHAM [2007] NSWCA 267 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 20 September 2007

JUDGMENT DATE: 2 October 2007

JUDGMENT OF: Giles JA at 1; Basten JA at 2; Bergin J at 79

DECISION: Appeal dismissed with costs.

APPEAL – right of appeal from Medical Tribunal to Court of Appeal – Medical Practice Act 1992 (NSW) s 90 and s 154 – meaning of error "with respect to a point of law" – power of Court to review decision of Tribunal in relation to whether practitioner is not of good character – basis on which Court may interfere with exercise of disciplinary power by Tribunal

CATCHWORDS: MEDICAL PROFESSION – professional misconduct – unsatisfactory professional conduct – "not of good character" – general practitioner providing false medical certificates – disciplinary orders of Medical Tribunal – whether deregistration appropriate – Medical Practice Act 1992 (NSW), ss 36(a) and (m), 37, 39(b) and (e)

WORDS & PHRASES – "with respect to a point of law" – "not of good character"

Commercial Arbitration Act 1984 (NSW), s 38 Commercial Tribunal Act 1984 (NSW), s 20 Consumer Trader and Tenancy Tribunal Act 2001 (NSW), s67 Health Insurance Act 1973 (Cth), s 128B LEGISLATION CITED: Interpretation Act 1987 (NSW), s 33 Legal Profession Act 1987 (NSW), s 208L Medical Practice Act 1992 (NSW), ss 36, 37, 51, 60, 61, 62, 64, 90, 154 Medical Practitioners Act 1938 (NSW), s 32U Supreme Court Act 1970 (NSW), s 101A Workers' Compensation Act 1926 (NSW), s 37