Wartski v Medical Practitioners' Board [1999] VSC 385

[1999] VSC 385

50. Before dealing with the specific issues raised by these arguments the following considerations must be underlined. First, the proceedings before the Panel against Dr. Wartski are essentially protective in their nature and not punitive. Despite the possible serious consequences to Dr. Wartski they cannot be equated with criminal proceedings (New South Wales Bar Association v Evatt [1968] HCA 20; [1968] 117 CLR 177 at p.183).

59. Fourthly, compliance with the rules of natural justice must also depend on the circumstances of the case, the nature of the inquiry, the rules under which the tribunal is acting and the subject matter that is being dealt with (National Companies and Securities Commission v News Corporation Ltd. [1984] HCA 29; [1984] 156 CLR 296 at pp. 311 - 312).