Weinstein v Medical Practitioners Board of Victoria

(2008) 21 VR 29; [2008] VSCA 193

Victorian Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Tribunals
3. › Powers of investigative panels
4. › Power to inform itself in any way it thinks fit
5. › Whether panel authorised to make independent inquiries
6. › Whether inquisitorial or adversarial function
7. › Medical Practice Act 1994 (Vic), ss 49, 52(1)(c), 53
1. Administrative Law
2. › Natural justice
3. › Bias rule
4. › Apprehended bias
5. › Whether conduct of investigative panel in making independent inquiry created reasonable apprehension of bias
6. › Relevance of statutory power to inform itself
1. Administrative Law
2. › Statutory interpretation
3. › Construction of tribunal powers
4. › Whether words 'may inform itself in any way it thinks fit' confer independent inquiry power or merely restate freedom from rules of evidence
5. › Medical Practice Act 1994 (Vic), s 52(1)(c)

Quick Take

A hearing panel conducting a formal hearing under the Medical Practice Act 1994 (Vic) has power under s 52(1)(c) to make its own independent inquiries, including internet searches, subject to the obligation to disclose the results and accord procedural fairness. The panel's function is inquisitorial, not adversarial, and the exercise of the statutory power to inform itself does not, without more, give rise to a reasonable apprehension of bias. The characterisation of a tribunal's function as 'judicial or quasi-judicial' is no longer relevant to determining whether natural justice obligations apply.