Ensure you make objective, evidence-based decisions that pass scrutiny. Understand potential risks in the decision-making process plus how to address the application of the apprehended bias test. Consider the intimate relationship between human rights & administrative law decisions. Finally, participate in a panel discussion, featuring VCAT’s Deputy President Proctor, AFCA Ombudsman & other leading professionals to consider how to ensure decision makers make objective evidence base decisions.

Presenters

Mr. Justin Wheelahan, Barrister, Emmerson Chambers
Justin practises in administrative law and general commercial law. He recently appeared in MARA v Frugtniet [2018] FCAFC 5, an appeal about whether the privilege against exposure to penalties applies at the AAT, and as junior counsel with Michael O'Bryan QC in Callychurn v ASIC [2017] FCAFC 137, an appeal against an ASIC banning order. He also appeared as junior counsel with Julian Burnside QC in FRX17 as litigation representative for FRM17 v Minister for Immigration and Border Protection [2018] FCA 63 - an injunction to remove a child from the island of Nauru on the basis of an apprehended breach of duty of care. Justin is the author of the confidential information section of Lahore's Trade Marks, Patents and Related Rights loose leaf service, and a guest lecturer in evidence at the ACU. He is a member of the Victorian Bar Council, AIAL, Commbar, and IPSANZ.


Mr. Guy Ventrice, Principal Solicitor – Advice, EPA Victoria
Guy has worked at the Environment Protection Authority (EPA) for the past three years, where he currently holds the position of Principal Solicitor – Advice. In that role, Guy manages a small team of solicitors responsible for providing advice to the EPA and its staff regarding the exercise of regulatory functions and powers under the Environment Protection Act 2017. Some of the matters which Guy is regularly asked to advise on include administrative decision-making, exercise of compulsive powers, and interpreting statute. Before joining the EPA, Guy spent over 10 years at the Department of Justice & Community Safety (DJCS). Guy held various positions at DJCS, including three years at Consumer Affairs Victoria (CAV) as a Senior Legal Officer. In that role, Guy conducted litigation on behalf of CAV in State & Federal Courts and VCAT under various legislation including the Australian Consumer Law. Guy conducted criminal prosecutions, civil penalty proceedings and disciplinary proceedings, often as a solicitor advocate. Guy’s time at DJCS also included over three years at Working with Children Check Victoria as a Senior Legal Officer and later Principal Legal Officer, where Guy provided legal advice on matters such as statutory interpretation and administrative decision-making under the Working with Children Act 2005. Guy also represented the department in a significant number of merits and judicial review proceedings concerning working with children check decisions.


Ms. Lisa De Ferrari SC, List A Barristers
Lisa De Ferrari practises in public law, commercial law and common law (major torts list, class actions and defamation). In the last 12 months (since taking silk), Lisa's practice in public law has included: advising various Department and other clients on issues which have included statutory construction and judicial review applications (including the risk of such applications being brough); being briefed to appear in a number of urgent cases in the Supreme Court, in the nature of judicial review from inferior courts; appearing in the Court of Appeal for the Director of Public Prosecutions, in an appeal where the constitutional validity of various provisions of the Confiscation Act 1997 was being challenged; appearing in the High Court in an appeal on questions of materiality of error where the allegation is breach of procedural fairness and when certiorari might be refused on discretionary grounds; settling various applications for special leave to appeal, and various responses to such applications; appearing in the Federal Court on a number of interlocutory applications seeking orders to provide urgent medical care to refugees being held in the Republic of Nauru.


Deputy President Ian Proctor, Victorian Civil and Administrative Tribunal
After working in the law with government and community legal centres since the mid 80’s, in 1998 Ian was appointed VCAT's first principal registrar. In 2006, he was appointed as a VCAT member. Having worked in VCAT's Civil Claims List, Guardianship List, Human Rights List, Owners Corporation List, Residential Tenancies List and Review and Regulation List, he is now a VCAT deputy president. From mid-2019 to late 2022 Ian was head of VCAT's Residential Tenancies List and Division. He is now head of VCAT’s Review and Regulation List and Administrative Division.


Ms. Evelyn Tadros, Barrister, Young’s List Barrister
Evelyn has 10 years of experience in litigation and resolving disputes. She has a broad practice in commercial, public and common law and has appeared in the High Court, Federal Court, Supreme Court of Victoria as well as both the Administrative Appeals Tribunal and the Victorian Civil and Administrative Tribunal. In her commercial law practice, Evelyn has advised and acted for listed companies, small businesses, governments and individual clients in a range of commercial matters including in a high profile scheme of arrangement, breach of directors duties, contractual disputes, consumer protection, commercial arbitration, employment law, building disputes, property law, tenancy and planning law. Her public law practice includes human rights, migration law, freedom of information, disciplinary proceedings and coronial inquiries. Evelyn is also available to appear in relation to criminal matters involving administrative law or the Charter of Human Rights and Responsibilities, criminal breaches of the Corporations Act or work health and safety laws as well as fraud and environmental, building and planning offences. With respect to her common law practice, Evelyn regularly advises and appears in defamation law matters, including for high profile artists, particularly in a social media context. She has also been involved in many cases, some of which have been heard in the Federal Court, seeking urgent medical treatment for asylum seekers and refugees on Nauru and Manus Island. Evelyn teaches regularly at Leo Cussen Institute, including in advocacy and administrative law and has lectured in administrative law at Australian Catholic University.


Stephen Moloney, Barrister, Dever’s List
Stephen Moloney practises in administrative law, commercial law, negligence, particularly medical negligence and professional discipline. He has been a member of the Victorian Bar since 1991 and is a member of Dever's List. He is the Chairman of the Medicare Participation Review Committee of the Commonwealth, first appointed in 2010 and was recently re-appointed by the Federal Minister of Health. In this role the suitability of health professionals to participate in the Medicare Scheme is determined. He is the immediate past President of The Australian Institute of Administrative Law (Vic Chapter) and the Medico Legal Society of Victoria. He is a former member of the Human Research Ethics Committee of the Alfred Hospital. He holds a substantial practice in a variety of government regulatory areas including all aspects of the investigation and regulation of health practitioners at both a State and Commonwealth level. He regularly advises and appears for government and its agencies at both a State and Federal level in multiple jurisdictional areas.


Ms. Alex Sidoti, I&A Ombudsman, AFCA
Alexandra has over 10 years’ experience in the financial services industry. Previously with FOS, an AFCA predecessor scheme, Alexandra has worked in case management, conciliation and people management. Prior to joining AFCA, Alexandra worked in private legal practice and as a judge’s associate. She also has extensive experience in teaching and training in alternative dispute resolution skills, particularly in conciliation practice. Alexandra has a Bachelor of Laws and Bachelor of Arts from Macquarie University and Masters of Dispute Resolution (Hons) from the University of Technology Sydney.