Health Care Complaints Commission v Robinson

The Health Care Complaints Commission (HCCC) appealed to the New South Wales Court of Appeal against a decision of the Civil and Administrative Tribunal (NCAT). The dispute concerned an ophthalmologist who conducted breast and abdominal examinations on a patient in circumstances where such examinations were not clinically indicated. The HCCC sought a finding of professional misconduct, but the Tribunal found only unsatisfactory professional conduct.

The central legal issue before the Court of Appeal was whether the Tribunal erred in law by equating inappropriate conduct of a sexual nature with conduct that is sexually motivated. The Court also considered the meaning of an "interlocutory decision" within the context of the *Civil and Administrative Tribunal Act 2013* (NSW) and the two-stage procedure for determining disciplinary complaints.

The Court of Appeal held that the Tribunal had erred in its approach. It reasoned that while conduct might be inappropriate and of a sexual nature, it does not automatically follow that it is sexually motivated. The Tribunal's failure to properly distinguish between these concepts constituted an error of law. The Court allowed the appeal, setting aside the Tribunal's decision and remitting the matter for reconsideration. The respondent was ordered to pay the appellant's costs of the appeal.