Paramedicine Board of Australia v Jackson; Physiotherapy Board of Australia v Smith

The Full Court of the Supreme Court of South Australia considered appeals by the Paramedicine Board of Australia and the Physiotherapy Board of Australia against decisions of the South Australian Civil and Administrative Tribunal (the Tribunal). The appeals were brought by way of case stated, raising questions of law concerning the Tribunal's jurisdiction and powers under the Health Practitioner Regulation National Law (South Australia) Act 2010.

The central legal issue before the Full Court was whether the Tribunal, after finding a registered health practitioner had engaged in conduct constituting professional misconduct or had an impairment, was limited to imposing the sanctions listed in s 196(2) of the National Law, or if it retained broader powers to make orders that were not explicitly enumerated within that subsection. Specifically, the question arose as to whether the Tribunal could make orders that went beyond the specific categories of sanctions provided for in s 196(2).

The Full Court reasoned that the structure of s 196 indicated that subsection (2) provided an exhaustive list of the powers available to the Tribunal when it made a decision under s 196(1)(b). The Court observed that the wording "may decide to do one or more of the following" in s 196(2) confined the Tribunal's remedial powers to the specific actions itemised. Therefore, the Tribunal could not impose sanctions or make orders that were not expressly provided for within the enumerated list in s 196(2). The Court concluded that the Tribunal's jurisdiction to impose sanctions was limited to those specified in the National Law.