Publications

This is a searchable catalogue of the College's most recent books and working papers. Other papers and publications can be found on SSRN and the ANU Researchers database.

Australian Professional Practice Bodies and the Tort of Negligent Investigation

Author(s): Esme Shirlow

The New South Wales Supreme Court has examined the statutory and common law duties of the New South Wales Health Care Complaints Commission and the New South Wales Medical Board in the recent case of Attorney General (NSW) v Bar-Mordecai [2008] NSWSC 774. The judgment establishes that a professional practice body investigating the alleged misconduct of a doctor will rarely be liable under Australian statutory or common law duties to compensate that doctor for harm arising as a result of negligent investigatory practices. In particular, it establishes that such a body owes no duty to take reasonable care to avoid psychiatric injury to a medical practitioner against whom a complaint has been lodged that is being investigated by it. It is argued that the differing relevant approaches to the tort of negligent investigation in Canada and Australia stem from differences not only in policy values but in the legal frameworks used in each jurisdiction to determine the existence of duties of care at common law.

Read on SSRN

Centre: CIPL

Research theme: International Law

Updated:  10 August 2015/Responsible Officer:  College General Manager, ANU College of Law/Page Contact:  Law Marketing Team