Prakash v Health Care Complaints Commission

This matter concerned an appeal by a medical practitioner against an order made by the Health Care Complaints Commission under section 64(1) of the *Medical Practice Act 1992* (NSW) for the removal of his name from the Register of Medical Practitioners. The appeal was heard by the Court of Appeal of New South Wales.

The central legal issues before the Court of Appeal were whether the appellant could, on appeal, controvert the findings of the Medical Tribunal. Specifically, the court considered whether the appeal right under section 90(1) of the Act permitted the appellant to challenge the Tribunal's findings on the basis that they related to the appropriate disciplinary order rather than the conceded findings of unsatisfactory professional conduct and professional misconduct. The appellant had conceded these findings, which included dishonesty and failing to keep a drug register, but sought to argue against the severity of the order made.

The Court of Appeal dismissed the appeal, upholding the Tribunal's decision. The court reasoned that the appeal under section 90(1) was limited to questions of law and did not allow for a broad re-examination of the facts or the appropriateness of the penalty where the underlying findings of misconduct had been conceded. The court found that the appellant's arguments regarding the order went to the merits of the penalty, which was within the Tribunal's discretion, and not to a legal error in the findings of misconduct themselves.

The appeal was dismissed with costs.