Hastwell v Health Care Complaints Commission

The Supreme Court of New South Wales, Court of Appeal, heard an appeal concerning a decision by the Health Care Complaints Commission (HCCC) not to take further steps to progress a complaint made against a psychiatrist. The primary judge had previously dismissed a summons seeking judicial review of the HCCC's decision. The appellant sought leave to appeal that dismissal.

The central legal issues before the Court of Appeal were whether the HCCC's decision not to proceed further with the complaint was a judicially reviewable decision, and if so, whether any error of law was disclosed by that decision or the Commission's subsequent confirmation of it. The Court was required to consider the scope of judicial review in relation to the HCCC's administrative functions.

The Court of Appeal found that the HCCC's decision was not amenable to judicial review. Applying established principles of administrative law, the Court reasoned that the decision not to take further steps was an exercise of administrative discretion that did not involve the application of a legal standard or the determination of a question of law in a manner that would attract judicial review. The Court concluded that no judicially reviewable error had been demonstrated.

Consequently, the Court of Appeal dismissed the summons seeking leave to appeal, with costs awarded to the respondent.