Quach v New South Wales Civil and Administrative Tribunal

In *Quach v New South Wales Civil and Administrative Tribunal*, the applicant sought judicial review of decisions made by the New South Wales Civil and Administrative Tribunal (NCAT). The dispute concerned NCAT's jurisdiction to hear a Notice of Complaint lodged in the Medical Tribunal prior to the latter's abolition, and the application of transitional provisions. The matter came before the Court of Appeal of New South Wales.

The Court was required to determine several legal issues. These included whether proceedings before the abolished Medical Tribunal were "unheard" for the purposes of the transitional provisions, whether NCAT possessed the power to impose conditions by way of an interlocutory order, and whether a principal member sitting alone, with the consent of the parties, had the authority to make such orders. Additionally, the Court considered whether it should grant relief before the Tribunal had determined its final orders and whether the Health Care Complaints Commission (HCCC) should be removed as a party to the proceedings.

The Court reasoned that the transitional provisions did not preserve the jurisdiction of the Medical Tribunal in a manner that would allow NCAT to hear the complaint as if it were a continuation of the original proceedings. It was held that the Medical Tribunal's jurisdiction had not been preserved in such a way that the complaint could be considered "unheard" by NCAT. Furthermore, the Court found that NCAT did not have the power to impose conditions by way of interlocutory order in the circumstances, nor did a principal member sitting alone have the authority to make such orders. The Court also determined that it was not appropriate to grant relief at that stage, and that the HCCC should remain a party.

Consequently, the Court dismissed the applicant's summonses and motions, ordering the applicant to pay the costs of the HCCC in relation to those applications.