There is no implied constraint on the Medical Board's power to take immediate action by way of suspension under s 156 of the National Law requiring simultaneous or immediate referral to VCAT under s 193. The statutory scheme contemplates that after suspension, the Board may investigate under Division 8 before deciding whether to refer under s 193. The reasonable belief required for s 156 (serious risk to persons) is distinct from the reasonable belief required for s 193 (professional misconduct). However, the Court left open the question whether, on particular facts, the Board may have already formed the s 193 opinion at the time of making the s 156 decision, which could give rise to a different argument.
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