EFQ (a pseudonym) v Medical Council of New South Wales

The applicant, EFQ, sought leave to appeal from an interlocutory decision of the Civil and Administrative Tribunal of New South Wales. The Tribunal had refused EFQ an extension of time to appeal a decision of the Medical Council of New South Wales, which had imposed a condition on EFQ's registration as a health practitioner prohibiting her from practising medicine. EFQ had sought to appeal the Council's decision more than a year after it provided its reasons.

The primary legal issues before the court were whether the Tribunal was correct in holding that an extension of time was required for EFQ to appeal the Medical Council's decision, and whether the Tribunal had erred in the exercise of its discretion by refusing that extension. Relatedly, the court considered whether the Medical Council possessed the power to impose a temporary condition preventing a practitioner from practising medicine, as provided by s 150(1)(b) of the Health Practitioner Regulation National Law (NSW). The court also examined whether the Medical Council had breached procedural fairness by conducting a hearing pursuant to s 150 of the National Law in EFQ's absence and by denying her request for an adjournment, given she had received sufficient notice of the hearing and her adjournment request was made only one day prior.

The court reasoned that the appeal to the Tribunal from the Medical Council's decision was not an appeal as of right, and therefore an extension of time was indeed required. The court found that the Medical Council had the power to impose the condition under the relevant legislation. Furthermore, the court concluded that there was no breach of procedural fairness by the Medical Council, as EFQ had been given adequate notice of the hearing and her request for an adjournment was made at a late stage. The Tribunal's decision to refuse the extension of time was therefore upheld.

Leave to appeal was granted, but the appeal itself was dismissed with costs.