TRIBUNAL PRACTICEInvestigation Review Panel

Dr Freckelton AO KC was a member of Victoria’s Investigation Review Panel which was set up under Schedule 2 of the Health Professions Registration Act 2005 (http://www.austlii.edu.au/au/legis/vic/consol_act/hpra2005356/sch2.html)

Dr Freckelton was a nominee of Victoria’s Health Services Commissioner.

The role of the Panel under s60 of the Act is to review a decision of the responsible board if-

  • the responsible board has determined  not to conduct an investigation; or
  • the responsible board has decided  to take no further action after an investigation; or
  • the responsible board after the investigation of a matter has decided to refer the matter to a professional standards panel.

After completing a review of a decision, an investigation review panel may:

  • affirm a decision of the responsible board;
  • refer the matter to the board with a request for an investigation;
  • refer the matter back to the board or the investigator for further investigation;
  • in the case of the review of a decision to take no further action, do anything mentioned in section 59;
  • in the case of the review of a decision to refer the matter to a professional standards panel rather than VCAT, request the responsible board to refer the matter to VCAT for a Tribunal hearing.