Lloyd -v- Veterinary Surgeons Investigating Committee (GD) [2001] NSWADTAP 26

Lloyd -v- Veterinary Surgeons Investigating Committee (GD) [2001] NSWADTAP 26

The Panel found that 'reconsidered' in s 79(3) of the Administrative Decisions Tribunal Act 1997 does not mandate a hearing de novo when parties do not consent to reconstitution. The President’s discretionary directions, including allowing the new member to review records and inviting submissions, were lawful, within the Tribunal’s power, and consistent with procedural fairness and natural justice.

Jurisdiction
Australia
Judgment Date
15 August 2001
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
['reconstitution of Tribunal' 'procedural Fairness' 'natural Justice' 'tribunal Procedure']
['administrative Law' 'statutory Interpretation'] ['reconstitution of Tribunal' 'procedural Fairness' 'natural Justice' 'tribunal Procedure']

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Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 ['Proper construction of s 79(3) of the Administrative Decisions Tribunal Act 1997 regarding tribunal reconstitution' 'Power of tribunal or its President to direct procedure for hearings after reconstitution' 'Whether procedure determined offended rules of natural justice and caused procedural unfairness']

Ratio Decidendi

The Panel found that 'reconsidered' in s 79(3) of the Administrative Decisions Tribunal Act 1997 does not mandate a hearing de novo when parties do not consent to reconstitution. The President’s discretionary directions, including allowing the new member to review records and inviting submissions, were lawful, within the Tribunal’s power, and consistent with procedural fairness and natural justice.

Court Disposition

appeal dismissed

Orders

  • ['Appeal dismissed' 'Directions of the President of 27 July 2000 are confirmed']