Secretary, Department of Justice and Regulation v Zhong

[2017] VSCA 18

Victorian Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Tribunals
3. › Victorian Civil and Administrative Tribunal
4. › Appeal on question of law
5. › Whether proposed grounds raise questions of law or seek merits review
6. › Whether findings open on the evidence
7. › Victorian Civil and Administrative Tribunal Act 1998 (Vic), s 148(1)
1. Administrative Law
2. › Licensing and accreditation
3. › Commercial passenger vehicle driver accreditation
4. › Mandatory refusal for serious criminal offence
5. › Tribunal review of refusal
6. › Whether unjustifiable risk to safety of passengers
7. › Whether in public interest
8. › Transport Act 1983 (Vic), ss 164, 169, 169C, 169N
1. Administrative Law
2. › Licensing and accreditation
3. › Working with children check
4. › Category 2 application
5. › Refusal of assessment notice
6. › Whether unjustifiable risk to safety of children
7. › Whether in public interest
8. › Working with Children Act 2005 (Vic), ss 13(2), 17(3), 26(5)(b)

Quick Take

Proposed grounds of appeal from VCAT that allege failure to consider evidence or give it appropriate weight, or that challenge findings of fact dressed up as 'jurisdictional error', do not raise questions of law within s 148(1) of the VCAT Act. Whether a finding was open on the evidence is to be determined on the evidence and inferences most favourable to the successful party.