Gad v Health Care Complaints Commission

The appeal concerned a decision of the Medical Tribunal of New South Wales, which had found Dr Gad guilty of unsatisfactory professional conduct. The conduct in question involved the inappropriate administration of testosterone injections to a minor. Dr Gad appealed this finding and the subsequent penalty imposed by the Tribunal.

The primary legal issues before the Court of Appeal were whether the Medical Tribunal had afforded Dr Gad procedural fairness, and whether the penalty imposed was appropriate in the circumstances. The court was also required to consider the application of the *Briginshaw* standard in determining whether the evidence established the alleged unsatisfactory professional conduct.

The Court of Appeal dismissed the appeal, finding that procedural fairness had been afforded to Dr Gad. The court applied the *Briginshaw* standard, which requires a high degree of satisfaction before a finding of professional misconduct can be made, and concluded that the evidence before the Tribunal was sufficient to establish unsatisfactory professional conduct. The court also found that the penalty imposed by the Tribunal was appropriate and within its powers.

Consequently, the appeal was dismissed with costs.