Qasim v Health Care Complaints Commission

The appeal concerned a decision of the Health Care Complaints Commission (HCCC) to cancel the medical registration of Dr Qasim. The HCCC had made an order under section 149C of the Health Practitioner Regulation National Law (NSW) cancelling Dr Qasim's registration on the basis that he suffered from a mental impairment, condition or disorder that detrimentally affected his capacity to practise. Dr Qasim appealed this decision to the Supreme Court of New South Wales, Court of Appeal.

The Court of Appeal was required to determine whether the Tribunal had erred in its assessment of Dr Qasim's mental state and his capacity to practise. Specifically, the Court considered whether the Tribunal's rejection of evidence from Dr Qasim's treating psychiatrist was procedurally unfair, whether the Tribunal's finding of impairment was reasonably open on the evidence, and whether the Tribunal had miscarried its discretion in cancelling Dr Qasim's registration. The Court also considered whether the Tribunal had erred in its exercise of discretion regarding costs.

The Court of Appeal found that the Tribunal had not acted procedurally unfairly in rejecting the treating psychiatrist's evidence, as it had given adequate reasons for its decision. The Court held that the Tribunal's finding of impairment was reasonably open on the evidence before it, and that the cancellation of Dr Qasim's registration was a proper exercise of the Tribunal's discretion. The Court also found that the Tribunal had erred in its costs order, and accordingly, it granted the HCCC leave to appeal that order. The appeal was dismissed, and Dr Qasim was ordered to pay the HCCC's costs of the appeal. The Tribunal's previous costs order was set aside, and Dr Qasim was ordered to pay the HCCC's costs of the proceedings before the Tribunal in a revised amount.