Legal Services

This section of the website provides information regarding the Legal Services of the Health Professional Councils Authority (HPCA), relevant websites and the Legal News Newsletter.

The links on this page give access to published decisions in NSW concerning the most serious complaints against registered health professionals, which are heard by the Health Profession Tribunals under the Health Practitioner Regulation National Law (NSW) [the National Law (NSW)]. The Legal News provides case summaries of these decisions and information concerning relevant disciplinary cases under the National Registration and Accreditation Scheme from other States and Territories in Australia.

For each registered health profession in NSW there is a profession-specific Tribunal. For ease of reference those Tribunals are collectively referred to as the Health Profession Tribunals. Less serious complaints can be dealt with by the Nursing and Midwifery Council and the Medical Council (in consultation with the Health Care Complaints Commission) at Professional Standards Committee (PSC) hearings. Links to those published PSC decisions appear below.

For the other registered health professions, a Council Inquiry would be the appropriate process. At this stage decisions made at a Council Inquiry are generally not published, however, this is a matter for the individual Council. If a Council, a Health Profession Tribunal or a Professional Standards Committee imposes conditions upon a health practitioner's registration following an exercise of their respective powers under the National Law (NSW), the conditions will be recorded in the National Register of practitioners, which is maintained by the Australian Health Practitioner Regulation Agency (AHPRA) in conjunction with the relevant National Board for the profession.




Published decisions concerning the various NSW Health Profession Tribunals and the Nursing and Midwifery Professional Standards Committee hearings are on the Australasian Legal Information Institute website.

Australasian Legal Information Institute (AustLII)

 


HPCA Policy Subpoenas

Information for parties seeking to serve a subpoena on a Council can be found in the following policy:

HPCA Policy - serving subpoenas and like documents

Published decisions of the NSW Medical Tribunal and the NSW Medical Professional Standards Committee hearings and relevant Court decisions can be viewed at the Medical Council of New South Wales website.

Medical Council of New South Wales - Hearings and Decisions




The Legal News provides case summaries about NSW Health Profession Tribunals and Professional Standards Committee hearings, relevant interstate cases, legislation and policy developments in NSW since the commencement of the National Registration and Accreditation Scheme on 1 July 2010. The Legal News is published monthly.

The NSW Civil and Administrative Tribunal (NCAT) commenced operation on 1 January 2014 and now exercises jurisdiction for all matters previously dealt with by the 14 distinct health profession Tribunals, including the Medical Tribunal and the Nursing and Midwifery Tribunal. The NCAT website can be viewed from the link below.

NSW Civil and Administrative Tribunal (NCAT)

Health practitioner matters are now dealt with in the Health Practitioner Division List in the Occupational Division of NCAT. The Occupational Division Registry is located at:

Level 10, John Maddison Tower
86 - 90 Goulburn Street
SYDNEY  NSW  2000

Telephone:  1300 066 228

Health practitioner hearings will continue to be held at the Tribunal hearing rooms at the Health Professional Councils Authority in 2014. To facilitate the transition, an NCAT Liaison Group was formed last year with members drawn from the staff of NCAT, HPCA and AHPRA. Additionally, consequential amendments were made to the Health Practitioner National Law (NSW) effective from 1 January 2014.

The NSW Civil and Administrative Tribunal decisions are listed on the New South Wales Caselaw website. Decisions can be viewed by clicking the link below:  

New South Wales Caselaw