Recent Cases

Health Care Complaints Commission v Robinson [2022] NSWCA 164 (26 August 2022) (Leeming and Kirk JJA, Simpson AJA)


Catchwords:


OCCUPATIONS — Heath practitioners — Misconduct and discipline — Disciplinary proceedings — ophthalmologist conducted breast and abdominal examination in circumstances where examination not indicated — application by Health Care Complaints Commission to NSW Civil and Administrative Tribunal seeking finding of professional misconduct —Tribunal found only unsatisfactory professional conduct — whether Tribunal erred in equating inappropriate conduct of a sexual nature with conduct that is sexually motivated — two-stage procedure for determination of disciplinary complaints — meaning of “interlocutory decision” in Civil and Administrative Tribunal Act 2013 (NSW)