› Whether costs follow the event in health practitioner disciplinary proceedings
Health law
› Health practitioner regulation
› Health Practitioner Regulation National Law — costs power under s 195
Administrative law
› Tribunals
› VCAT — relationship between enabling enactment costs power and VCAT Act s 109
Statutory interpretation
› National uniform legislation
› Consistency of interpretation across jurisdictions
Quick Take
1When exercising the costs discretion under s 195 of the Health Practitioner Regulation National Law (Victoria) in disciplinary proceedings, VCAT must apply the principle that costs ordinarily follow the event absent good reason to order otherwise; failure to do so constitutes legal error reviewable on appeal even where the appeal is limited to questions of law.
2Section 195 of the Health Practitioner Regulation National Law (Victoria), not s 109 of the VCAT Act, governs costs in health practitioner disciplinary proceedings, by operation of s 198 of the National Law and s 159 of the VCAT Act.
3A considered decision of an interstate intermediate court of appeal (here the NSW Court of Appeal) on the interpretation of a national uniform law should be followed unless clearly wrong, particularly where the Victorian Court of Appeal has not yet considered the issue and national consistency is desirable.
