The Victorian Court of Appeal confirmed that VCAT's review jurisdiction under s 182A of the Building Act 1993 is confined to reviewing the decision made by the Building Practitioners Board on the allegations in the notice of inquiry, and does not extend to reviewing the Board's anterior investigation, the formulation of allegations, or the exercise of prosecutorial discretion. The Tribunal on review must address the same question the original decision-maker was required to address (applying Shi and Frugtniet), and its inquisitorial powers do not translate into general investigatory powers to ascertain other inculpatory conduct. The Court also held that the weight given to aggravating and mitigating factors in penalty does not raise a question of law unless the conclusion is not reasonably open, and that the penalties imposed (reprimand and 46 penalty units) were clearly open on the material.
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