In Holloway v Department of Human Services and
Ors [2015] VSC 184, his Honour McDonald J found that a
determination of a medical panel convened pursuant to the
Wrongs Act 1958 ("Act') is invalid if the
determination is given outside the 30 day period prescribed by
s28LZG(3)(a) of the Act.
BACKGROUND
In this case the plaintiff alleged that she suffered psychiatric
injury in reaction to the suicide of her daughter. At the time of
her death, the plaintiff's daughter was in the care of the
Department of Human Services ("DHS"). The plaintiff
alleges that her daughter's death was caused by the negligence
of DHS in its care, monitoring and supervision of her daughter.
On or around 30 July 2012 in accordance with s28LWE of the Act,
DHS referred for assessment by a medical panel the question:
Does the degree of impairment resulting from the injury to the
claimant alleged in the claim satisfy the threshold level? On
1 October 2012 the medical panel examined the plaintiff.
