Lucire v Health Care Complaints Commission (No 2)

In *Lucire v Health Care Complaints Commission (No 2)*, the New South Wales Court of Appeal considered an appeal by a medical practitioner against orders made by the Health Care Complaints Commission. The dispute concerned conditions imposed on the practitioner's registration to practice psychiatry, following disciplinary proceedings.

The Court of Appeal was required to determine the appropriate conditions to be imposed on the practitioner's registration, specifically concerning the supervision of her psychiatric practice. Additionally, the Court had to determine the incidence of costs for both the proceedings before the Court and the original inquiry before the Medical Tribunal.

The Court varied the conditions imposed on the practitioner's registration, requiring her to practice psychiatry only as a member of a practice with at least two other psychiatrists. These supervisors were to meet with the practitioner fortnightly for the first three months and monthly thereafter, reviewing patient cases, medical records, and clinical outcomes. The supervisor was also required to report regularly to the Medical Council and immediately inform it of any concerns. The Court reasoned that these conditions were necessary to ensure the practitioner's competent practice. Regarding costs, the Court ordered that the practitioner pay 70% of the Commission's costs of the inquiry before the Tribunal, reflecting the Commission's partial success. Conversely, the Court ordered that the Commission pay the practitioner 75% of her costs of the proceedings in the Court of Appeal, acknowledging the practitioner's success in having the conditions varied.