Han v Psychology Board of Australia [2017] NSWCATOD 174

Han v Psychology Board of Australia [2017] NSWCATOD 174

Ms Han did not satisfy the English Language Skills Registration Standard because her education was not six consecutive calendar years without a break from study. The Standard provided no exemption or discretion for provisional registration, and s 82(1)(c)(i)(E) required refusal where an approved registration standard was not met. Because the Tribunal had only the Board's powers on appeal, it could not grant an exemption or substitute a decision granting registration.

Jurisdiction
Australia
Judgment Date
30 November 2017
Procedural Posture
Appeal Against Refusal to Grant Provisional Registration as a Psychologist / Appeal by Way of New Hearing in the Occupational Division of the Civil and Administrative Tribunal of New South Wales
Outcome
The appeal was dismissed and no order as to costs was made.
Legal Topics
['provisional Registration as a Psychologist' 'english Language Skills Registration Standard' 'extended Education Pathway' 'continuous Education Requirement' 'exemption or Discretion From Registration Standard']
['health Practitioner Regulation' 'administrative Law' 'occupational Regulation'] ['provisional Registration as a Psychologist' 'english Language Skills Registration Standard' 'extended Education Pathway' 'continuous Education Requirement' 'exemption or Discretion From Registration Standard']

Case Brief

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Procedural Posture

Appeal Against Refusal to Grant Provisional Registration as a Psychologist / Appeal by Way of New Hearing in the Occupational Division of the Civil and Administrative Tribunal of New South Wales

Legal Issues

  1. 1 ['Whether Ms Han met the English language skills registration standard via the extended education pathway requiring six years full-time equivalent continuous education taught and assessed solely in English in a recognised country.' 'Whether the Psychology Board of Australia or the Tribunal had power to grant an exemption from the English language skills registration standard for provisional registration.' 'Whether the Tribunal could substitute a decision granting provisional registration despite non-compliance with an approved registration standard.' 'Whether costs should be ordered against Ms Han after dismissal of the appeal.']

Ratio Decidendi

Ms Han did not satisfy the English Language Skills Registration Standard because her education was not six consecutive calendar years without a break from study. The Standard provided no exemption or discretion for provisional registration, and s 82(1)(c)(i)(E) required refusal where an approved registration standard was not met. Because the Tribunal had only the Board's powers on appeal, it could not grant an exemption or substitute a decision granting registration.

Court Disposition

The appeal was dismissed and no order as to costs was made.

Orders

  • ['The appeal is dismissed.' 'No order as to costs.']