TUNG v HEALTH CARE COMPLAINTS COMMISSION OF NSW & ANOR [2009] NSWSC 204

New South Wales Supreme Court

CITATION : TUNG v HEALTH CARE COMPLAINTS COMMISSION OF NSW & ANOR [2009] NSWSC 204

HEARING DATE(S) : Wednesday 25 March 2009

JUDGMENT DATE : 27 March 2009

JURISDICTION : Common Law

JUDGMENT OF : Hall J at 1

DECISION : The amended summons is dismissed.

CATCHWORDS : MEDICAL PRACTITIONERS - deregistration - where Recommendation by Professional Standards Committee for deregistration – where plaintiff told by Medical Board legal officer incorrect information about time for lodging appeal – where order made by Chairperson of Medical Tribunal for deregistration – whether lost opportunity to appeal before order under s.63(3) of the Medical Practice Act 1992 made - whether made in breach of procedural fairness requirements - whether order of Chairperson should be stayed and plaintiff's registration reinstated pending appeal – lodging of appeal before the order of the Chairperson made had no effect on making of the order for deregistration – no denial of procedural fairness before Professional Standards Committee – no denial of procedural fairness otherwise under the statutory scheme under the Medical Practice Act – summons dismissed

LEGISLATION CITED : Medical Practice Act 1992 Criminal Law Consolidation Act 1935 (SA)

Bannister v Walton (NSWCA, unreported, 30 April 1992) CASES CITED : Gad v Health Care Complaints Commission (NSWCA, unreported, 26 November 2001) Re Minister for Immigration; Ex parte Lam (2003) 195 ALR 502 South Australia v O'Shea (1987) 163 CLR 378

PARTIES : Margaret Siu-Ying TUNG v HEALTH CARE COMPLAINTS COMMISSION OF NSW & ANOR

FILE NUMBER(S) : SC No 11294 of 2009