Seddon v Medical Assessment Panel [No 2]

Seddon commenced proceedings in the Supreme Court against the Medical Assessment Panel, seeking a declaration that the Panel's decision was invalid due to jurisdictional errors and an order quashing the Panel's decision. The Panel had determined that Seddon was not entitled to compensation for his medical condition. The parties disputed whether the Panel's decision was amenable to judicial review due to a privative clause in the Workers' Compensation and Injury Management Act 1981 (WA). The central issue before the court was whether the privative clause in s 145E of the Act precluded judicial review of the Panel's decision for jurisdictional error.

The court considered the nature of jurisdictional errors and the effect of the privative clause. It found that jurisdictional errors had occurred, as the Panel failed to take into account relevant evidence and made an impermissible determination of causation. The court further held that the privative clause in s 145E did not exclude judicial review for jurisdictional error in the making of a purported decision. The Panel's failure to provide adequate reasons for its decision was also a jurisdictional error. Consequently, the Panel's decision was quashed, and the Panel was required to reconsider Seddon's claim for compensation.

In light of the court's findings, it ordered that the Panel's decision be quashed and that Seddon's claim be remitted to the Panel for reconsideration in accordance with the law. The court emphasised the importance of ensuring that administrative decisions are made within the jurisdiction and with adequate reasons, and that privative clauses do not preclude judicial review for jurisdictional error.