Fraser v Health Care Complaints Commission

The appeal concerned disciplinary proceedings brought by the Health Care Complaints Commission against Dr Fraser, a medical practitioner who administered an experimental cancer therapy. The Occupational Division of the Civil and Administrative Tribunal (NCAT) found Dr Fraser guilty of unsatisfactory professional conduct and professional misconduct, leading to the cancellation of his registration. Dr Fraser appealed this decision to the Court of Appeal.

The central legal issues before the Court of Appeal were whether NCAT had erred in its application of the test for "reckless indifference" when determining that Dr Fraser was recklessly indifferent as to whether the medical practitioner supervising the administration of the therapy was registered in New South Wales. Further, the court considered whether the allegations against Dr Fraser had been properly put to him during cross-examination and whether he had been denied procedural fairness.

The Court of Appeal dismissed the appeal. It held that NCAT had correctly applied an objective test to determine reckless indifference, focusing on whether a reasonable practitioner in Dr Fraser's position would have been aware of the risk. The court found that the allegations were adequately put to Dr Fraser during cross-examination, and that he had not been denied procedural fairness. The court reasoned that Dr Fraser's conduct, in failing to ensure the supervising practitioner's registration, exposed patients to a risk of harm, and that NCAT's findings were open to it on the evidence.

The appeal was dismissed, and Dr Fraser was ordered to pay the respondent's costs.