The appellant appealed two separate decisions of the Queensland Civil and Administrative Tribunal (QCAT), both made at a single proceeding in which the respondent, a registered nurse, sought an administrative review of a decision of the appellant to impose conditions on the respondent’s registration on the grounds that the respondent had an impairment within the definition of the Health Practitioner Regulation National Law 2009. At issue on the appeals was whether QCAT erred in law in holding there was no power, in the course of determining the administrative review, to direct that the respondent undergo a further health assessment.
Scott McLeod QC (with C Wilson) appeared on behalf of the appellant, instructed by Minter Ellison.
The judgment is available here.