Woods v Health Care Complaints Commission [2000] NSWCA 39

Woods v Health Care Complaints Commission [2000] NSWCA 39

Section 14(1)(c) of the Psychologists Act 1989 does not apply to conduct engaged in before the Act came into force because the Act's language indicates that professional misconduct is conduct by a registered psychologist under the Act; the pre-Act conduct could not found the complaint and the decisions based on it should be quashed.

Jurisdiction
Australia
Judgment Date
15 March 2000
Procedural Posture
Judicial Review / Application by Summons for Orders in the Nature of Certiorari; Cross Summons by the First Opponent
Outcome
Claimant granted relief; first opponent's cross-summons dismissed.
Legal Topics
['judicial Review of District Court Decision on Appeal From Psychologists Registration Board' 'retrospective Operation of Legislation' 'professional Misconduct by Registered Psychologist']
['administrative Law' 'health Practitioner Regulation' 'statutory Interpretation'] ['judicial Review of District Court Decision on Appeal From Psychologists Registration Board' 'retrospective Operation of Legislation' 'professional Misconduct by Registered Psychologist']

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Procedural Posture

Judicial Review / Application by Summons for Orders in the Nature of Certiorari; Cross Summons by the First Opponent

Legal Issues

  1. 1 ['Whether s 14(1)(c) of the Psychologists Act 1989 applies to conduct which occurred before the Act came into force.' "Whether decisions of the District Court and Psychologist's Registration Board founded on pre-Act conduct should be quashed."]

Ratio Decidendi

Section 14(1)(c) of the Psychologists Act 1989 does not apply to conduct engaged in before the Act came into force because the Act's language indicates that professional misconduct is conduct by a registered psychologist under the Act; the pre-Act conduct could not found the complaint and the decisions based on it should be quashed.

Court Disposition

Claimant granted relief; first opponent's cross-summons dismissed.

Orders

  • ['Orders in the nature of certiorari quashing the decisions of the second and third opponents with costs here and below.' "The first opponent's cross-summons dismissed with costs."]