Medical Board of Western Australia v A Medical Practitioner

[2011] WASCA 151

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Courts and Tribunals
2. › State Administrative Tribunal
3. › Non-publication orders
4. › Scope and application of State Administrative Tribunal Act 2004 (WA) s 62
5. › Whether order prohibiting publication of 'subject matter of the application' within power
6. › Whether s 62 confined to evidence, documents produced, and persons appearing before Tribunal
7. › State Administrative Tribunal Act 2004 (WA), ss 61, 62
1. Courts and Tribunals
2. › State Administrative Tribunal
3. › Open justice
4. › Relationship between common law open justice principles and statutory tribunal
5. › Whether common law principles apply directly or only as aid to statutory construction
6. › State Administrative Tribunal Act 2004 (WA), ss 61, 62
1. Courts and Tribunals
2. › State Administrative Tribunal
3. › Non-publication orders
4. › Relationship between s 61 and s 62 of State Administrative Tribunal Act 2004 (WA)
5. › Whether s 62 confers broader power than s 61
6. › Whether circumstances for exercise of power under both sections identical
1. Courts and Tribunals
2. › State Administrative Tribunal
3. › Non-publication orders
4. › Enforcement
5. › Whether non-publication order must be clear and unambiguous
6. › Whether order defined by reference to confidential document enforceable
7. › State Administrative Tribunal Act 2004 (WA), ss 62, 100

Quick Take

Non-publication orders under s 62 of the SAT Act must be made by reference to specific evidence given before the Tribunal, the contents of specific documents produced to the Tribunal, or information identifying persons who have appeared before the Tribunal. Blanket orders prohibiting publication of 'the subject matter of the application' exceed the Tribunal's power. The common law open justice principles do not apply directly to the SAT; the Tribunal's powers and obligations derive from the statute. The requirement that a non-publication order be 'necessary' under s 61(4) requires a real and substantial connection between publication and the adverse consequence, and the consequences must be of a significant or material kind.