Herald and Weekly Times Pty Ltd v Victorian Civil and Administrative Tribunal & Ors

[2006] VSCA 7

Victorian Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Tribunals
3. › Victorian Civil and Administrative Tribunal
4. › Access to proceeding files
5. › Power to restrict access
6. › Whether power express or implied
7. › Whether power exercisable on Tribunal's own motion
8. › Whether power exercisable after access request made
9. › Victorian Civil and Administrative Tribunal Act 1998 (Vic), s 146(4)(b)
1. Administrative Law
2. › Natural justice
3. › Procedural fairness
4. › Statutory right of access to tribunal files
5. › Whether non-party seeking access entitled to be heard before access refused
6. › Power to destroy, defeat or prejudice statutory right
7. › Whether rules of natural justice excluded by statute
8. › Victorian Civil and Administrative Tribunal Act 1998 (Vic), ss 98(1)(a), 146(3), 146(4)(b)
1. Statutory Interpretation
2. › Implied powers
3. › Power assumed by statutory provision but not expressly conferred
4. › Necessary implication
5. › Victorian Civil and Administrative Tribunal Act 1998 (Vic), s 146(4)(b)

Quick Take

VCAT must afford procedural fairness to non-party access-seekers before giving a direction under s.146(4)(b) restricting access to proceeding files. The power to give such a direction is implied from s.146(4)(b) itself and is not limited to directions made before an access request or to directions sought by a party. In the ordinary case, written notice and an opportunity for written submissions will suffice.