Eloise Power has represented the GDC in a hearing concerning challenges to IOC decisions under s32 of the Dentists Act.
The hearing established that the IOC and Court’s function in relation to an interim order is one of risk assessment and that there is no threshold specified in the legislation.
In his judgment, Warby J stated:
“I accept the submission of Miss Power that the function of the IOC and the court in relation to an interim order is one of risk assessment. This necessarily requires that attention is paid to the nature of the allegations and the evidence which is relied upon to support them. The fact that it is an exercise of risk assessment cannot justify the court ignoring the need to pay attention to the quality of the evidence and the possibility or prospect that it may not be sufficient to justify the view that there is a risk. But there is no threshold specified in the legislation other than the need to protect the public, the public interest and, where applicable, the interests of the registrant. It is not a question of the threshold of a prima facie case.”
Please click here to read the full judgment.