The inner workings of HDC - legal & evidential issues - Health and ...

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Case B – Standard of review • Tenor of legislation — ―hard‖ look judicial review is not appropriate. – Was there a rational factual basis for the Commissioner’s conclusion? – Was the conclusion open to the Commissioner on the facts? ‣ If so, the grounds of the review could not succeed. Not a fact based appeal.
Case B – No grounds for review • There was information on which the Commissioner could logically conclude that the patient should have been told of the potential failure of the port and additional cost for the alternative method. • The Commissioner’s opinion could not be successfully challenged.
Page 1 and 2: The inner workings of HDC: legal an
Page 4 and 5: Avenues of review • Internal revi
Page 6 and 7: Internal review - two pronged test
Page 8 and 9: Case A - The investigation • The
Page 10 and 11: Case A - The internal review • Co
Page 12 and 13: Case B - Key facts • The patient
Page 14 and 15: Case B - Key facts • The patient
Page 16 and 17: Case B - Key facts • A few days a
Page 18 and 19: Case B - HDC findings Dr B — brea
Page 20 and 21: Case B - Judicial review • The su
Page 24 and 25: Case B - Publicity • Dr B sought
Page 26: So — who is watching the watchdog

The inner workings of HDC - legal & evidential issues - Health and ...

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