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Article: Guides Do Not Permit The Exercise Of Professional Judgment At Large.
- Article from:
- Mondaq Business Briefing
- Article date:
- August 10, 2009
CopyrightCOPYRIGHT 2009 Mondaq Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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Judgment date: 31 July 2009
H J Heinz Company Australia Ltd & Anor v Kotzman & Ors [2009] VSC 311 (31 July 2009) Supreme Court of Victoria2
In Brief
A statutorily enacted panel will be in breach of its powers and commit a jurisdictional error if it fails to conduct a medical assessment in accordance with the legislative requirements.
The difficulty in balancing interests between the "art" of medical assessment and the standardization imposed by legislative requirements is resolved by the fact that the purpose of the legislation conferring power on the supporting document, in this case AMA IV, overrides any subordinate omissions in the ...