Health Care Complaints Commission v Knowles [2021] NSWCATOD 49

Health Care Complaints Commission v Knowles [2021] NSWCATOD 49

The Tribunal found that, on balance, the seriousness and duration of the alleged conduct, together with the public interest in resolving serious allegations against a health practitioner in an open forum, outweighed Mr Knowles' arguments. As it was not established that it was not in the public interest for the inquiry to continue, the discretion to terminate or not conduct the inquiry under clause 12 of Schedule 5D could not be exercised, and dismissal under s 55 NCAT Act was also not available.

Parties
Applicant: Health Care Complaints Commission; Respondent: Daryll Knowles
Jurisdiction
Australia
Judgment Date
27 April 2021
Procedural Posture
Occupational/professional Discipline / Interlocutory Application to Dismiss or Terminate Tribunal Inquiry
Outcome
Application to terminate inquiry dismissed
Legal Topics
Professional Misconduct, Pharmacy Compounding, Public Interest Discretion, Interlocutory Applications
Health Law Professional Discipline Professional Misconduct Pharmacy Compounding Public Interest Discretion Interlocutory Applications

Case Brief

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Parties

Health Care Complaints Commission

Applicant

Daryll Knowles

Respondent

Procedural Posture

Occupational/professional Discipline / Interlocutory Application to Dismiss or Terminate Tribunal Inquiry

Legal Issues

  1. 1 Whether the Tribunal should exercise its discretion under clause 12 of Schedule 5D to the Health Practitioner Regulation National Law (NSW) not to conduct an inquiry into the complaint against Mr Knowles
  2. 2 Whether it is not in the public interest for the inquiry into the complaint to continue
  3. 3 Whether the complaint should be dismissed under s 55 of the Civil and Administrative Tribunal Act 2013 (NSW) as vexatious or lacking in substance

Ratio Decidendi

The Tribunal found that, on balance, the seriousness and duration of the alleged conduct, together with the public interest in resolving serious allegations against a health practitioner in an open forum, outweighed Mr Knowles' arguments. As it was not established that it was not in the public interest for the inquiry to continue, the discretion to terminate or not conduct the inquiry under clause 12 of Schedule 5D could not be exercised, and dismissal under s 55 NCAT Act was also not available.

Court Disposition

Application to terminate inquiry dismissed

Orders

  • The application under clause 12 of Schedule 5D to the Health Practitioner Regulation National Law (NSW) is dismissed.