VCAT's jurisdiction to review a 'determination' under s.52(1)(b) of the Victorian Institute of Teaching Act 2001 extends to reviewing the findings of fact upon which the determination was based. The Tribunal stands in the shoes of the panel and must consider all questions necessary to decide whether the determination was correct or preferable. The clearest words would be needed in a parent statute to withhold from the Tribunal an aspect of the primary decision-making process otherwise within its merits review jurisdiction.
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