Fernando v Medical Complaints Tribunal

Fernando brought an appeal against the Medical Complaints Tribunal's decision to terminate his registration as a medical practitioner. The tribunal found that Fernando had been guilty of professional misconduct and incompetence, based on complaints from patients and colleagues. Fernando argued that the tribunal had erred in its decision, and that new evidence was available which had not been considered by the tribunal. The case was heard in the Supreme Court of Victoria.

The legal issues before the court were whether the tribunal had the power to admit fresh evidence on appeal and, if not, whether the court had the power to remit the matter for rehearing by the tribunal. The court had to consider the relevant legislation and the principles of natural justice in determining these issues.

The court found that the tribunal did not have the power to admit fresh evidence on appeal, as this was not expressly provided for in the legislation. However, the court did have the power to remit the matter for rehearing by the tribunal, as this was a means of ensuring that the appellant received a fair hearing. The court considered that the new evidence adduced by Fernando was significant and ought to have been considered by the tribunal. The court therefore remitted the matter back to the tribunal for rehearing, with directions to consider the new evidence.

The final orders of the court were that the appeal be allowed, the decision of the tribunal be quashed, and the matter be remitted to the tribunal for rehearing in accordance with the court's directions. The court also ordered that costs be paid by the respondent to the appellant.