Health Care Complaints Commission v Rawcliffe & Nurses & Midwives Tribunal [2007] NSWSC 188

Health Care Complaints Commission v Rawcliffe & Nurses & Midwives Tribunal [2007] NSWSC 188

The application was not an appeal within s 67 of the Nurses and Midwives Act 1991 and was not out of time. Although it was open to the Tribunal on the evidence before it to find that Mr Rawcliffe was not impaired within s 4A, the Tribunal denied procedural fairness by deciding not to bind Mr Rawcliffe to admissions and concessions after the Health Care Complaints Commission had reasonably conducted its case on that basis, without first informing the parties and giving them an adequate opportunity to present further evidence. That procedural unfairness amounted to an error of law and vitiated the Tribunal's decision.

Jurisdiction
Australia
Judgment Date
09 March 2007
Procedural Posture
Application for Remedy in the Nature of Prerogative Relief Under S 69 of the Supreme Court Act 1970 (nsw) / Supreme Court Review of Nurses and Midwives Tribunal Decision Dated 5 June 2006
Outcome
The decision of the Nurses and Midwives Tribunal dated 5 June 2006 was quashed and the matter was referred back to the Tribunal to be determined according to law, with no order as to costs.
Legal Topics
['nurses and Midwives Tribunal' 'impairment Under the Nurses and Midwives Act 1991' 'certiorari' 'error of Law on the Face of the Record' 'denial of Procedural Fairness']
['administrative Law' 'health Practitioner Regulation' 'procedural Fairness'] ['nurses and Midwives Tribunal' 'impairment Under the Nurses and Midwives Act 1991' 'certiorari' 'error of Law on the Face of the Record' 'denial of Procedural Fairness']

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Procedural Posture

Application for Remedy in the Nature of Prerogative Relief Under S 69 of the Supreme Court Act 1970 (nsw) / Supreme Court Review of Nurses and Midwives Tribunal Decision Dated 5 June 2006

Legal Issues

  1. 1 ['Whether the proceedings were an appeal within s 67 of the Nurses and Midwives Act 1991 and out of time.' 'Whether the Nurses and Midwives Tribunal erred in law in finding that Clifford John Rawcliffe was not impaired within the meaning of s 4A of the Nurses and Midwives Act 1991.' 'Whether the Nurses and Midwives Tribunal denied procedural fairness by rejecting admissions or concessions made by Clifford John Rawcliffe without notice and without giving the Health Care Complaints Commission an opportunity to adduce further evidence or make further submissions.']

Ratio Decidendi

The application was not an appeal within s 67 of the Nurses and Midwives Act 1991 and was not out of time. Although it was open to the Tribunal on the evidence before it to find that Mr Rawcliffe was not impaired within s 4A, the Tribunal denied procedural fairness by deciding not to bind Mr Rawcliffe to admissions and concessions after the Health Care Complaints Commission had reasonably conducted its case on that basis, without first informing the parties and giving them an adequate opportunity to present further evidence. That procedural unfairness amounted to an error of law and vitiated the Tribunal's decision.

Court Disposition

The decision of the Nurses and Midwives Tribunal dated 5 June 2006 was quashed and the matter was referred back to the Tribunal to be determined according to law, with no order as to costs.

Orders

  • ['The decision of the Nurses and Midwives Tribunal dated 5 June 2006 is quashed.' 'The matter is referred back to the Nurses and Midwives Tribunal to be determined according to law.' 'No order as to costs.']