Poisons (Exempted Public Institutions) Order 2018 (Rescinded) (TAS)

In the matter of the Poisons (Exempted Public Institutions) Order 2018 (Rescinded), the respondent, the Department of Health, sought to challenge the decision to rescind the 2018 Order. The 2018 Order exempted certain public institutions from certain provisions of the Poisons Act 1996. The decision to rescind was made by the Minister for Health under the Statutory Rules Act 1961. The respondent argued that the Minister acted beyond his powers by not considering the recommendations of the relevant advisory committee and by not providing sufficient reasons for the rescission.

The court was required to determine whether the Minister had acted beyond his powers by not considering the recommendations of the advisory committee and by not providing sufficient reasons for the rescission. The court also had to consider whether the Minister's decision was unreasonable in the Wednesbury sense. The court held that the Minister was not required to consider the recommendations of the advisory committee as they were not binding. However, the court found that the Minister had not provided sufficient reasons for the rescission, which was a breach of the principle of natural justice. The court also held that the Minister's decision was not unreasonable.

As a result of the court's findings, the decision to rescind the 2018 Order was quashed. The court ordered that the 2018 Order be reinstated unless and until the Minister makes a new decision in accordance with the law. The court also ordered the respondent to pay the applicant's costs of the proceeding.