Vito Zepinic v Health Care Complaints Commission

Vito Zepinic has appealed against the decision of the Health Care Complaints Commission (HCCC) to refuse his application for reinstatement as a registered psychologist under the Health Practitioner Regulation National Law (NSW). The HCCC's decision followed findings of professional misconduct and a determination that Mr Zepinic was not of good character. The NSW Civil and Administrative Tribunal (CAT) reviewed the appeal, examining six grounds upon which Mr Zepinic sought to challenge the HCCC's decision.

The legal issues before the CAT centred on whether the HCCC had correctly applied the statutory criteria in assessing Mr Zepinic's application for reinstatement. The grounds of appeal included arguments that the HCCC had erred in its interpretation of the relevant statutory provisions, particularly in relation to the character test and the impact of Mr Zepinic's previous convictions for fraud in the United Kingdom. The CAT needed to determine if the HCCC's decision was legally sound and if the tribunal had the authority to review the HCCC's decision on the grounds presented.

The CAT held that the HCCC had correctly applied the statutory criteria in making its decision. The tribunal found that the evidence supported the HCCC's conclusion that Mr Zepinic was not of good character, given his history of convictions for fraud. The CAT further determined that the HCCC's decision was consistent with the statutory framework and did not contain any errors warranting the setting aside of the decision. The tribunal dismissed the appeal and ordered Mr Zepinic to pay the HCCC's costs of the proceeding.