Li v Medical Board of Australia (No.2)

Dr Wei Li, an applicant, challenged the Medical Board of Australia's decision to impose conditions on her registration. The Medical Board of Australia was the respondent in this case. The decision of the Medical Board of Australia to impose conditions on Dr Li's registration was set aside by the Tribunal. The Tribunal also ordered the Medical Board of Australia to pay Dr Li's costs of and incidental to the proceedings. The legal issues that the Tribunal was required to decide included whether the decision of the Medical Board of Australia to impose conditions on Dr Li's registration was appropriate and whether Dr Li should be awarded her costs. The Tribunal found that the decision of the Medical Board of Australia to impose conditions on Dr Li's registration was not appropriate. The Tribunal also found that Dr Li should be awarded her costs. The Tribunal's reasoning was that the Medical Board of Australia's decision was based on a report by Ms Jennifer Young, who assessed Dr Li's communication skills. However, the Tribunal found that there was considerable evidence to the contrary that Dr Li had, in fact, been able to professionally communicate and function independently and safely as a practitioner in Australia for a number of years. The Tribunal also found that the discretion to award costs was broad and that Dr Li, having been wholly successful in this matter, should have her costs. Therefore, the Tribunal ordered the Medical Board of Australia to pay Dr Li's costs of and incidental to the proceedings on the standard basis in accordance with matters in the District Court scale.