Supreme Court dismisses application for review of Board decisions

30 Aug 2016

Professor Nadira Pardo: The Supreme Court of Tasmania summarily dismissed an application by Prof. Nadira Pardo.

The Supreme Court of Tasmania (the Court) summarily dismissed an application by Professor Nadira Pardo which sought judicial review of various board decisions, following her failure to be granted general registration as a psychologist in Australia.

In its decision dated 29 June 2016, the Court found that the application was without merit and based on a ‘fundamental misconception of how the system of professional accreditation and registration in Australia functions’.

Prof. Pardo earned qualifications in the United States of America and has unsuccessfully sought general registration as a psychologist in Australia since 2007.

The application named the Australian Health Practitioner Regulation Agency (AHPRA), the current Psychology Board of Australia (the Board), regional boards and former state boards as parties. It sought that the Court grant Prof. Pardo general registration as a psychologist in addition to compensation of about $6.4 million for lost earnings.

The Court considered Prof. Pardo’s submissions that various boards had failed to recognise the equivalency of her overseas qualifications, as they were obliged to do given the Australian Government is a signatory to various international agreements.

Prof. Pardo previously attempted to have decisions reviewed in the Federal Court of Australia and twice in the Tasmanian Health Practitioners Tribunal.

The Court ordered Prof. Pardo pay the costs incurred by AHPRA and the Board in responding to her application, and in applying to dismiss it in accordance with section 38 of the Judicial Review Act 2000 (Tasmania).

The reasons for the Court’s decision are available on AustLII.

Page reviewed 30/08/2016