Australia, June 20 -- New South Wales Land and Environment Court issued text of the following judgement on May 19:

1. On 22 November 2024, the Health Care Complaints Commission (the HCCC) filed an Application in this Tribunal asserting that the Respondent Dr Thornton, a Chinese medicine practitioner, was guilty of unsatisfactory professional conduct and professional misconduct (the substantive proceedings). At the time of filing, Dr Thornton was registered. The HCCC asked the Tribunal to cancel his registration with a non-review period for 12 months. From 2 January 2025, Dr Thornton was unregistered.

2. By email on 1 May 2025 and submissions filed on 5 May 2025, the HCCC sought an Order the effect of which would be to terminate the substantive proceedings.

3. The Application to terminate the proceedings was listed before me for hearing on 15 May 2025.

4. At the commencement of the hearing, there was no appearance by Dr Thornton. He had failed to appear at previous directions hearings. I was satisfied that Dr Thornton had been notified that the matter was listed for hearing on 15 May 2025 and the hearing proceeded in his absence.

Legal Principles

5. The application to terminate the substantive proceedings is made pursuant to cl 12 of Sch 5D of the Health Practitioner Regulation National Law (NSW) (the National Law).

6. Clause 12 provides:

(1) A Committee or the Tribunal may decide not to conduct an inquiry, or at any time to terminate an inquiry or appeal, if-

(a) any of the following circumstances apply-

(i) a complainant fails to comply with a requirement made of the complainant by the Committee or the Tribunal;

(ii) the person about whom the complaint is made ceases to be a registered health practitioner or student;

(iii) the complaint before the Committee or the Tribunal is withdrawn; and

(b) in the opinion of the Committee or the Tribunal it is not in the public interest for the inquiry or appeal to continue.

7. In relation to cl 12(1)(a)(ii), Dr Thornton is not currently a registered health practitioner.

8. In relation to cl 12(1)(a)(iii), the HCCC has withdrawn the complaint.

9. I am satisfied that the provision is engaged, and that the issue between the parties is whether it is in the public interest for the substantive proceedings to continue: cl 12(1)(b).

10. The onus is on the HCCC to show that it is not in the public interest for the Inquiry to continue.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/196d7cbbb94beb3cf5283abb)

Disclaimer: Curated by HT Syndication.