Medical Council of Tasmania v Medical Complaints Tribunal

[2005] TASSC 24

Supreme Court of Tasmania

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Interrogate

Catchwords

1. Administrative Law
2. › Judicial review
3. › Reviewable decisions and conduct
4. › Decisions to which judicial review legislation applies
5. › Decisions of an administrative character
6. › Whether decision of Medical Complaints Tribunal refusing to vary suppression order was of an administrative character
7. › Whether decisions of an administrative character and decisions of a judicial character are mutually exclusive
8. › Judicial Review Act 2000 (Tas), s 4(1)
1. Administrative Law
2. › Judicial review
3. › Grounds of review
4. › Improper exercise of power
5. › Failure to take into account relevant considerations
6. › Whether Tribunal failed to consider statutory obligations and discretions of Medical Council regarding publication of disciplinary decisions
7. › Judicial Review Act 2000 (Tas), ss 17, 20(a), 20(b)
1. Health Law
2. › Medical practitioners
3. › Disciplinary proceedings
4. › Suppression orders
5. › Power to prohibit reporting of proceedings
6. › Whether suppression order could curtail statutory obligations and discretions of Medical Council to publish notice of Tribunal decisions
7. › Medical Practitioners Registration Act 1996 (Tas), Sch 5, cl 2, ss 33, 37, 54(5)

Quick Take

A decision by a statutory tribunal to suppress publication of its proceedings or decisions is a decision 'of an administrative character' amenable to judicial review under the Judicial Review Act 2000 (Tas), even though the tribunal acts judicially. When exercising suppression powers, a tribunal must give proper consideration to the statutory obligations and discretions of regulatory bodies to publish notice of disciplinary decisions, and must distinguish between suppressing unproved allegations during proceedings and suppressing adverse findings after a decision.