Tsolis v Health Care Complaints Commission [2024] NSWCA 284

Tsolis v Health Care Complaints Commission [2024] NSWCA 284

The Tribunal's power under s 165C of the National Law extends to continuing the inquiry with the remaining members, as 'inquiry' encompasses the whole process, not just Stage 1; Deputy President's order was properly authorised and extant findings bind the parties.

Parties
Applicant: Sava Tsolis; Respondent: Health Care Complaints Commission
Jurisdiction
Australia
Judgment Date
29 November 2024
Procedural Posture
Appeal / Leave to Appeal and Appeal Judgment
Outcome
Leave to appeal partially granted; appeal dismissed.
Legal Topics
Psychologist Disciplinary Process, Tribunal Constitution, Statutory Interpretation, Appeals, Estoppel
Health Law Administrative Law Professional Regulation Psychologist Disciplinary Process Tribunal Constitution Statutory Interpretation Appeals Estoppel

Case Brief

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Parties

Sava Tsolis

Applicant

Health Care Complaints Commission

Respondent

Procedural Posture

Appeal / Leave to Appeal and Appeal Judgment

Legal Issues

  1. 1 Whether s 165C of National Law empowers order for inquiry to continue with only remaining Tribunal members after one psychologist vacated.
  2. 2 Whether 'inquiry' for s 165C purposes is completed after Stage 1 findings, or continues until all remedial orders are made.
  3. 3 Whether Stage 1 findings of unsatisfactory professional conduct/professional misconduct should be set aside if Tribunal not properly constituted for Stage 2.

Ratio Decidendi

The Tribunal's power under s 165C of the National Law extends to continuing the inquiry with the remaining members, as 'inquiry' encompasses the whole process, not just Stage 1; Deputy President's order was properly authorised and extant findings bind the parties.

Court Disposition

Leave to appeal partially granted; appeal dismissed.

Orders

  • Grant leave to appeal for grounds 1, 3, 6; refuse leave for ground 2.
  • Direct Mr Tsolis to file notice of appeal within 7 days; dispense with requirement as to service.