Colquhoun & Ors v Capitol Radiology Pty Ltd & Ors

(2013) 39 VR 296; [2013] VSCA 58

Victorian Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Judicial review
3. › Medical panels
4. › Statutory expert bodies
5. › Whether medical panel performs judicial or administrative function
6. › Whether obligation to give reasons at common law
7. › Wrongs Act 1958 (Vic), pt VBA
1. Administrative Law
2. › Reasons for decision
3. › Statutory obligation to give reasons
4. › Whether implied from statutory scheme
5. › Whether silence in statute implies no obligation
6. › Wrongs Act 1958 (Vic), ss 28LZG(4), 28LZG(9)
1. Administrative Law
2. › Delegated legislation and directions
3. › Power to give directions as to procedures
4. › Whether direction requiring reasons beyond power
5. › Distinction between substantive obligations and procedural directions
6. › Wrongs Act 1958 (Vic), s 28LZ(4)
1. Damages
2. › Non-economic loss
3. › Right of action subject to statutory threshold
4. › Significant injury
5. › Referral to medical panel
6. › Adverse determination by panel
7. › Conclusive of medical question
8. › No merits review
9. › Wrongs Act 1958 (Vic), ss 28LE, 28LF(1)(b)

Quick Take

Medical panels assessing 'significant injury' under Part VBA of the Wrongs Act 1958 (Vic) have no obligation to give reasons for their determinations, either at common law or under the statute. The Convenor's direction purporting to require written reasons is invalid as beyond the scope of the power to give directions 'as to procedures'. Even if reasons are given voluntarily, their adequacy is to be assessed by reference to the Convenor's direction (if valid), not by analogy with judicial or statutory decision-making standards. Non-compliance with a procedural direction by the Convenor would not invalidate a panel's determination, applying Project Blue Sky principles.