Sinha v Health Care Complaints Tribunal

In *Sinha v Health Care Complaints Tribunal*, the Supreme Court of New South Wales considered an appeal by a medical practitioner against a decision of the Health Care Complaints Tribunal finding him guilty of professional misconduct. The dispute concerned allegations of sexual contact between the practitioner and a patient, and the practitioner contended that the Tribunal had erred in law.

The primary legal issues before the Court were whether the Tribunal had applied the correct standard of proof, complied with the requirements of procedural fairness, and provided an adequate statement of its decision as mandated by section 165 of the *Medical Practice Act 1992*. The practitioner argued that the Tribunal's findings were inadequately detailed and that the evidence presented created a significant conflict which the Tribunal had not properly addressed in its written reasons.

The Court found that the Tribunal's written statement of its decision failed to adequately set out the findings on material questions of fact and the evidence upon which those findings were based, thereby contravening section 165 of the *Medical Practice Act 1992*. The Court noted that while non-compliance with section 165 might not always lead to a decision being set aside, in this instance, the non-compliance related to a central issue and a critical aspect of the Tribunal's determination. The Court allowed the appeal, set aside the Tribunal's decision, and ordered a rehearing.