NSW Civil and Administrative Tribunal decisions
The NSW Civil and Administrative Tribunal publishes the following types of decisions about medical practitioners and students on the New South Wales Caselaw website:
- decisions following a complaint/s
- appeals of decisions about complaints
- reviews of decisions about complaints
- appeals of registration decisions
Professional Standards Committee decisions and notices to produce
Professional Standards Committee (PSC) decisions can be found on the Austlii website.
Upcoming public hearings
Scheduled hearings in the NSW Civil and Administrative Tribunal are published online via the daily hearing list on the NCAT website.
Upcoming Professional Standards Committee (PSC) hearings:
Matter: Health Care Complaints Commission v Dr Jonathan Tan Meng Kwang SMITHSON
Dates: Adjourned (from 1-3 February 2023) until further notice
Location: Building 54, Old Gladesville Hospital Ground, Gladesville NSW 2111
Matter: Health Care Complaints Commission v Dr Charles Teo
Dates: Monday 27 March 2023 – Wednesday 29 March 2023
Hearing start time: 9am (Access to hearing room 8.45am)
Delivery: In-person hearing, with limited public capacity
Location: Health Professional Councils Authority
Level 6, North Wing, 477 Pitt Street, Sydney NSW 2000
HPCA reception operating hours: 8.30am - 5pm
Contact: HPCA-MCNSW-CommunicationsTeam@health.nsw.gov.au (02) 92190 270
A direction has been made prohibiting publication of the names, addresses and any identifying features of the five (5) persons referred to in the Schedule to the Complaint made by the Health Care Complaints Commission.
Audio and visual recording of the proceedings including photography is not permitted.
Public Hearings: Frequently Asked Questions
What is a Professional Standards Committee hearing?
The Health Care Complaints Commission (HCCC) prosecutes referred matters before either a Professional Standards Committee (PSC) or the NSW Civil and Administrative Tribunal (Tribunal). A PSC generally hears complaints concerning allegations of unsatisfactory professional conduct about medical practitioners. The PSC panel can also refer a case to the Tribunal under the Health Practitioner Regulation National Law NSW (National Law).
The Tribunal usually hears more serious matters such as complaints about criminal offences, serious professional boundary violations, or serious matters of professional misconduct. Both the Tribunal and a PSC may reprimand and/or impose conditions on a practitioner’s registration. However, only the Tribunal can suspend or cancel a practitioner’s registration.
Can the public attend a Professional Standards Committee hearing?
PSCs are open to the public, with decisions published on the Austlii website. Both the Tribunal and PSCs are legally separate from and independent of the Medical Council of NSW (Council). The Council provides administrative and technical support for PSCs.
When are Professional Standards Committee hearings held and how are they delivered?
The details of upcoming public hearings are available on the Medical Council of NSW website. Public hearings are generally delivered in-person, with the option of hearing from witnesses unable to attend in-person via audio-visual link.
Information for the media
PSC hearings are open to the media and conducted in person. Hearing room capacity is limited to 20 public viewing seats. There will be five seats reserved for media in the hearing room. There will be no livestream of the hearing, or recording made available to the public. Notes can be taken but photography, and audio or visual recording devices, are not to be used in the hearing room or on Council premises.
Please contact Ania Rucinski from the Medical Council of NSW on 0428 433 863 or by email at HPCA-MCNSW-CommunicationsTeam@health.nsw.gov.au with questions. Ania can assist with fact-checking, procedural clarifications and provide publicly available information. The Council will not make any comment on the matter while the hearing is underway.
There is a prohibition order preventing the publication of the names, addresses and any identifying features of the five (5) persons referred to in the Schedule to the Complaint made by the Health Care Complaints Commission (HCCC). Hearing decisions are published on the Austlii website.
Tribunal decisions prior to 1 January 2014
You can also find decisions made by the Medical Tribunal before the establishment of the NSW Civil and Administrative Tribunal on 1 January 2014 on the Australasian Legal Information Institute (AustLII) website.