Peers v Victorian Civil and Administrative Tribunal

[2026] VSCA 37

Victorian Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Administrative Law
2. › Judicial review
3. › Health practitioner regulation
4. › Referral of conduct to tribunal
5. › Whether tribunal jurisdiction enlivened by Board decision or by receipt of referral
6. › Health Practitioner Regulation National Law Act 2009 (Qld) sch, s 193
7. › Victorian Civil and Administrative Tribunal Act 1998 (Vic), ss 43(b), 69
1. Administrative Law
2. › Judicial review
3. › Mootness
4. › Whether referral of professional misconduct allegations moot because underlying public health orders no longer in force
5. › Whether conduct assessed at time it occurred
1. Practice and Procedure
2. › Costs
3. › General rule that costs follow the event
4. › Whether departure from usual rule justified
5. › Discretionary nature of costs orders

Quick Take

Under the Health Practitioner Regulation National Law, VCAT's jurisdiction is enlivened upon receipt of a referral from the Board, not automatically upon the Board's decision to refer under s 193. The Board's failure to lodge referral paperwork does not render the referral nugatory but may expose the Board to mandamus. Professional misconduct allegations are assessed by reference to the practitioner's conduct at the time it occurred, and the subsequent repeal or expiry of regulatory instruments under which the conduct occurred does not render the referral moot.