If authority were needed for this proposition, it is to be found in B’s Case [2004] VLPT 8 where Mr Howell said:
“a member of a tribunal is not bound to follow a decision of a tribunal made by a member of the same standing. Of course, the previous decision should be carefully considered, and it might be regarded as persuasive and followed, but in the interests of certainty in the law it should not be followed if it is clearly wrong. The aim is to correct errors, not to perpetuate them. If it becomes necessary to resolve a conflict between different decisions, that conflict can be resolved by an appeal, or by a decision of a superior court or tribunal in another case, or by amending legislation.”
See also:
- VCAT construes Legal Profession Act’s transitional provisions: “matter”
- Disciplinary penalties for pre-2006 conduct
- Vic Supreme Court summarises VCAT’s power to review practising certificate decisions
- And another Court of Appeal sets aside another gross overcharging conviction
- VCAT decision overturned for appearance of bias
