Clarke v Health Care Complaints Commission (No 2)

The Court of Appeal of New South Wales considered an appeal by a registered nurse against a decision of the Health Care Complaints Commission (HCCC) Tribunal. The Tribunal had found that the nurse suffered from an impairment, rendering her not competent to practise as a nurse. Consequently, the Tribunal determined that the nurse posed a significant risk to the health and safety of the public, leading to the cancellation of her registration and the imposition of a non-review period, prohibiting her from providing health services.

The primary legal issues before the Court of Appeal were whether the Tribunal had erred in its findings of fact and whether any errors of law had been established. The nurse sought to appeal the Tribunal's decision, but the Court was required to determine if leave to appeal should be granted, given that appeals as of right were limited to questions of law.

The Court found that no clear grounds of appeal were advanced by the nurse and that no errors of law had been demonstrated. Furthermore, the Court was satisfied that the Tribunal's findings of fact were not erroneous. Accordingly, the Court dismissed the appeal and refused leave to appeal. The appeal was dismissed with costs, and the summons for leave to appeal was also dismissed with costs.