Herald and Weekly Times Pty Ltd v Victorian Civil and Administrative Tribunal

Herald and Weekly Times Pty Limited sought to review a decision by the Victorian Civil and Administrative Tribunal (VCAT) which denied them access to the files of a proceeding before the Tribunal. The Tribunal had exercised its power under section 146(4)(b) of the Victorian Civil and Administrative Tribunal Act to prevent access to the files. The key issues before the court were whether the power to prevent access was express or implied, whether the power could be exercised on the Tribunal's own motion, whether the power could be exercised after an access request had been made, and whether the Tribunal was bound by the rules of natural justice when exercising this power.

The court found that the power to prevent access was express, as clearly set out in section 146(4)(b) of the Act. The court also determined that the power could be exercised on the Tribunal's own motion, without the need for a formal application. Furthermore, the court held that the power could be exercised even after an access request had been made. Regarding natural justice, the court held that VCAT was not bound to give a non-party the opportunity to be heard before refusing access, as the non-party did not have a statutory right to access the proceeding files. Additionally, the court found that the Tribunal was not bound by the rules of natural justice when exercising its power to prevent access.

The final orders of the court were that the appeal by Herald and Weekly Times Pty Limited was dismissed, and VCAT's decision to prevent access to the files was upheld.