R v Medical Council of Tasmania; Ex parte Dr Harold Stewart Blackburn

[1998] TASSC 14

Supreme Court of Tasmania

Built by Barristers,
For Australian Law.

1. Administrative Law - Judicial review at common law - Procedural fairness - Right of party affected to be heard - Nature of hearing - Material evidence or matter not disclosed - Prejudicial documents giving rise to Medical Council appointing committee to determine doctor's fitness to practise - Documents provided to committee but not to doctor - Right to opportunity to comment or contradict.
1. Kioa v West [1985] HCA 81; (1985) 159 CLR 550, applied.
1. Aust Dig Administrative Law [62]
1. Administrative Law - Judicial review at common law - Procedural fairness - Right of party affected to be heard - Nature of hearing - Opportunity to present case - Determination by Medical Council as to whether doctor had mental capacity and skill to practise - Questions referred to committee for determination - Nature and adequacy of hearing before committee -Whether entitlement to a further hearing by the Medical Council.