Kirby v Health Care Complaints Commission [2021] NSWCA 138 (09 July 2021) (Gleeson JA at [1]; White JA at [2]; Emmett AJA at [62])


Catchwords:


ADMINISTRATIVE LAW – Particular administrative bodies – Health Care Complaints Commission – Health Care Complaints Act 1993 (NSW) – Registered health practitioner – Whether the Commission failed to consult the appropriate professional council under s 39(2) before making a prohibition order under s 41A – Where the complaint against the health practitioner concerned conduct outside the field of his registration – Whether failure to consult the appropriate professional council rendered the prohibition order invalid.