Victorian Numbered Acts Victorian Numbered Acts(1) Despite sections 302(2) and 313(1), if a Conciliation Officer refers a medical question to a Medical Panel under section 284 and it becomes apparent to the Convenor or the Medical Panel that the formation of an opinion by the Medical Panel on the medical question will depend substantially on the resolution of factual issues which are more appropriately determined by a court than by a Medical Panel—
(a) the Convenor may decline to convene a Medical Panel; or
(b) the Medical Panel may decline to give an opinion on the medical question.
(2) The Convenor must inform the Conciliation Officer, in writing, of a decision made by the Convenor or the Medical Panel under subsection (1)(a) or (b).