A certificate of medical fitness issued under Part 9 of Marine Orders pursuant to the Navigation Act 1912 (Cth) is not conclusive of a seafarer's medical fitness in unfair dismissal proceedings; the AIRC is entitled to determine the issue on the evidence before it. Rejection of evidence by a tribunal does not constitute jurisdictional error unless it amounts to a failure to take into account a subject the decision-maker was bound to consider, as distinct from an incorrect ruling on the relevance of particular evidentiary material.
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