Spencer v Medical Board of Australia

[2025] VSC 754

Supreme Court of Victoria

Built by Barristers,
For Australian Law.

1. Administrative Law
2. › Judicial Review
3. › Leave to appeal from VCAT — question of law — real prospect of success
1. Administrative Law
2. › Health Practitioner Regulation
3. › Immediate action — suspension of registration — public interest — s 156(1)(e) National Law
1. Administrative Law
2. › Tribunals
3. › VCAT — reconsideration under s 51A — timing — during proceeding after hearing but before final orders
1. Administrative Law
2. › Procedural Fairness
3. › Opportunity to respond to new material — post-hearing submissions — adequacy of right of reply

On review of a decision to take immediate action under s 156(1)(e) of the National Law, VCAT is not required to make findings on contested factual matters on the balance of probabilities; its task is to determine whether the Board reasonably believed that immediate action was in the public interest.
Under s 51A(1) of the VCAT Act, the Tribunal may invite a decision-maker to reconsider a decision 'at any time in a proceeding', including after a hearing but before final orders are made; there is no prohibition in s 51(2) against doing so.
Disagreement with the weight given by the Tribunal to evidence, or with the merits of its decision, does not constitute an error of law capable of grounding leave to appeal under s 148 of the VCAT Act.