The correct test for when a factual error constitutes jurisdictional error is whether the error amounts to a constructive failure to perform the statutory function, assessed by reference to the importance of the material to the exercise of the function and the seriousness of the error. The 'fundamental error' label from Karabinis v Bendrups should be avoided, although the underlying analysis in that case was consistent with the correct principles. Medical panels examining workers must direct and guide discussions to elicit relevant information, but are not obliged to inquire about matters not suggested by the material before them. The Hossain/SZMTA materiality threshold applies to factual errors but will usually be satisfied where the factual matter is an essential feature of the statutory function.
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