Victorian Civil and Administrative Tribunal|2010-10-27|Before: Iain Ross J

For the reasons given I am satisfied that the Tribunal has jurisdiction to review the Panel decision which is the subject of this application.

[1] Herald and Weekly Times Pty Ltd v Victorian Civil and Administrative Tribunal [2006] VSCA 7 (Unreported, Maxwell P, Eames and Nettle JJA, 9 February 2006) [27] (Maxwell P).

[2] Transcript of Proceedings, 6 October 2010, Justice Ross, p 3 lines 11 -15.

[4] Ibid 514. Also see Seay v Eastwood [1976] 1 WLR 1117, 1121 (Lord Wilberforce); Korczynski v Wes Lofts (Aust) Pty Ltd (1985) 10 FCR 348, 355 (Jenkinson J).

[6] Ibid 293 (Black CJ, Merkel and Stone JJ). Also see, in relation to judicial review under the Administrative Decisions (Judicial Review) Act 1977: Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321, 335 (Mason CJ with whom Brennan J agreed); Secretary, Department of Foreign Affairs and Trade v Boswell [1992] FCA 321; (1992) 36 FCR 367, 376-77 (Hill J); and in relation to the interpretation of "a person aggrieved" for the purposes of exercising a statutory right of appeal: Tweed Valley Fruit Processors Pty Ltd v Ross and Ors (1996) 137 ALR 70; Tooheys Ltd v Minister for Business and Consumer Affairs [1981] FCA 121; (1981) 54 FLR 421, 427 (Ellicott J); Attorney-General of the Gambia v Pierre Sarr N'Jie [1961] AC 617, 634-635 (Lord Denning).

[8] Ibid 384. Also see Nilant v Macchia [2000] FCA 1528; (2000) 104 FCR 238, 247 (Weinberg J).

[9] DC Pearce and RS Geddes, Statutory Interpretation in Australia (6th ed, 2006) para 9.4.

[11] Victoria, Parliamentary Debates, Legislative Assembly, 10 September 2010, 3452 (Attorney-General

JS and LS v Patient Review Panel (Health and Privacy) [2010] VCAT 1813 (27 October 2010)

JS and LS v Patient Review Panel

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JS and LS v Patient Review Panel (Health and Privacy) [2010] VCAT 1813 (27 October 2010)