Dr David Amos v Western New South Wales Local Health District [2016] NSWSC 1162 arose in circumstances where the LHD is currently giving consideration to suspending Dr Amos’ appointment as a VMO.

In response, Dr Amos invokes the Court’s supervisory jurisdiction under s 69 of the Supreme Court Act 1970 (NSW). Dr Amos seeks, inter alia, an injunction preventing his suspension on the basis that he apprehends he will be denied procedural fairness and an injunction preventing his being reported to the Medical Council of New South Wales under s 99A of the Health Services Act 1997 (NSW) (the “HSA”) without procedural fairness being afforded: [2]. Dr Amos also seeks an order quashing a report that was prepared for the LHD by Associate Professor Zeitz in late April 2016 (the “Zeitz report”): [3].

As noted at [6], Dr Amos failed to demonstrate to the requisite degree of likelihood that any decision to suspend him, including a decision that relied on the contents of the Zeitz report, would involve a denial of procedural fairness. Similarly, Dr Amos failed to demonstrate to the requisite degree of likelihood that any decision to report him under s 99A of the HSA would involve a denial of procedural fairness.

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