Veterinary Surgeons Investigating Committee -v- Lloyd [2000] NSWADT 98

Veterinary Surgeons Investigating Committee -v- Lloyd [2000] NSWADT 98

Section 79(3) and s 79(4) of the Administrative Decisions Tribunal Act 1997 did not require the reconstituted Panel to conduct a full hearing de novo. The appropriate procedure was to incorporate the record of the previous proceedings, provide it to the new member, and allow the new member to identify witnesses for...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
27 July 2000
Procedural Posture
Professional Disciplinary Proceedings Under the Veterinary Surgeons Act 1986 / Procedural Decision and Directions on Reconsideration After Reconstitution of the Tribunal During Hearing
Outcome
Directions made; noted as set aside by appeal on 16/7/02 (CA).
Legal Topics
['reconstitution of Tribunal During Hearing' 'reconsideration of Proceedings' 'procedural Fairness' 'natural Justice' 'hearing De Novo' 'recall of Witnesses']
['administrative Law' 'professional Discipline' 'veterinary Regulation'] ['reconstitution of Tribunal During Hearing' 'reconsideration of Proceedings' 'procedural Fairness' 'natural Justice' 'hearing De Novo' 'recall of Witnesses']

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Procedural Posture

Professional Disciplinary Proceedings Under the Veterinary Surgeons Act 1986 / Procedural Decision and Directions on Reconsideration After Reconstitution of the Tribunal During Hearing

Legal Issues

  1. 1 ["How the newly constituted Veterinary Disciplinary Panel should reconsider the first three notices of inquiry after one member's appointment expired." 'Whether s 79(3) and s 79(4) of the Administrative Decisions Tribunal Act 1997 require a full hearing de novo.' 'Whether procedural fairness requires the new member to see and hear all witnesses whose evidence had already been taken.']

Ratio Decidendi

Section 79(3) and s 79(4) of the Administrative Decisions Tribunal Act 1997 did not require the reconstituted Panel to conduct a full hearing de novo. The appropriate procedure was to incorporate the record of the previous proceedings, provide it to the new member, and allow the new member to identify witnesses for possible recall for clarification or rehearing in whole or part, with the parties then invited to make submissions before further directions were made.

Court Disposition

Directions made; noted as set aside by appeal on 16/7/02 (CA).

Orders

  • ['The new Panel to proceed by having regard to the record of proceedings (including exhibits) relating to the hearing of the first, second and third notices of inquiry by the Veterinary Disciplinary Panel as previously constituted.' 'That the record referred to in direction 1 be referred to the new Member.' 'The...