Judicial Review of Medical Panel Decisions

Abstract

The Medical Panels as constituted under Victorian workers’ compensation legislation and the Wrongs Act 1958 (Vic) are a unique entity. They are deemed to be a tribunal for the purposes of the Administrative Law Act 1978 (Vic) and have evolved through a series of legislative amendments from providing advice on medical issues to the decision-making arms of the Victorian Workcover Authority to occupying an important role in dispute resolution. As such, Medical Panels provide opinions and determinations which are binding on all parties and the courts and which are subject only to judicial review by the Victorian Supreme Court. There is no merits review of Panel decisions. The nature of appeals brought against Panel decisions are considered here, including the impact the successful appeals have had on the policies and procedures adopted by the Medical Panels. Whether the use of panels of expert medical practitioners might prove advantageous in other jurisdictions is also considered.