Seventh Mingcourt Pty Ltd v Lawrence - [1996] FCA 109

CATCHWORDS

ADMINISTRATIVE LAW - judicial review - whether there was a decision within the meaning of s5 of the Administrative Decisions (Judicial Review) Act 1977 (Cth) - Minister obliged by s40AEF of the National Health Act (Cth) to confirm or vary the decision of the delegate of the Secretary - concession by Minister that statutory obligation not met - in fact decision of delegate of Secretary varied - a decision within the meaning of s5 of the Administrative Decisions (Judicial Review) Act 1977 (Cth) does not have to be a legally valid decision.

ADMINISTRATIVE LAW - judicial review - whether the Minister has the capacity pursuant to s6 of the National Health Act 1957 (Cth) to delegate a part of a particular power of the Minister under the National Health Act 1957 (Cth) - Minister and delegate may not exercise the one power in respect of the same set of circumstances at the same time - comments as to what a decision-maker pursuant to s40AEF of the National Health Act 1957 (Cth) is required to do and take into consideration when confirming or varying a scale of fees determined in relation to a nursing home.

ADMINISTRATIVE LAW - judicial review - whether Minister bound to accept factual findings of the Nursing Homes Fees Review Committee of Inquiry - Minister is free to either adopt or reject the factual findings of the Nursing Homes Fees Review Committee of Inquiry - the process by which the Minister arrives at a final decision must be one that does not breach the rules of natural justice.

WORDS AND PHRASES - meaning of "nursing and personal care" in Principles formulated by Minister pursuant to s40AA(7) of the National Health Act 1957 (Cth) - distinction between the giving of care to a patient and the giving of care to a patient personally - no express requirement that the giving of nursing care involves direct interaction with or assistance to the patient.

Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5
National Health Act 1957 (Cth) ss 6, 40AA(2), 40AA(6), 40AA(7), 40AA(7B), 40AD(1B), 40AE, 40AEC, 40AED, 40AEF, 40AFA, 40AGA(2), (4), (5), (6), 46AD(1B), 117, 122, 123, 126, 127, 128, 129 and 130

Australian Broadcasting Tribunal v Bond and Ors (1990) 170 CLR 321
Sean Investments Pty Ltd v MacKellar (1981) 38 ALR 363

No VG 82 of 1994
SEVENTH MINGCOURT PTY LTD (A.C.N. 006 928 954) (trading as "Allora Nursing Home") v THE HONOURABLE CARMEN LAWRENCE (as the Commonwealth Minister of State for Human Services and Health)

Branson J
Adelaide
1 March 1996

IN THE FEDERAL COURT OF AUSTRALIA )
  )
VICTORIAN DISTRICT REGISTRY      )    No VG 82 of 1994
  )
GENERAL DIVISION                 )

BETWEEN:

SEVENTH MINGCOURT PTY LTD

(A.C.N. 006 928 954)
(trading as "Allora Nursing Home")

Applicant

- and -

THE HONOURABLE CARMEN LAWRENCE (as the Commonwealth Minister of State for Human Services and Health)

Respondent

MINUTES OF ORDER

CORAM:    Branson J
PLACE:    Adelaide
DATE:     1 March 1996

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [1996] FCA 109
Decision Date: 1 MARCH 1996

CaseChat Overview and Summary

The Federal Court of Australia was called upon to review decisions of the Minister for Human Services and Health concerning fees applicable to the Allora Nursing Home. The applicant, Seventh Mingcourt Pty Ltd, sought to challenge the decisions on several grounds, including whether the Minister had made a decision pursuant to s40AEF of the National Health Act 1957 (Cth), the validity of the Minister's power of delegation under s6 of the Act, and the Minister's acceptance of factual findings made by the Nursing Homes Fees Review Committee of Inquiry. The court found that while the Minister had failed to confirm or vary the decision of the delegate of the Secretary as required by s40AEF, such purported decisions were still subject to the Administrative Decisions (Judicial Review) Act 1977 (Cth) and should be quashed. The court also held that the Minister could not delegate part of a particular power under the Act, and the decision maker under s40AEF was required to take an overall view of the matter. Finally, the court found that the Minister was free to accept or reject the factual findings of the Committee, provided that the process of arriving at a final decision did not breach the rules of natural justice. The court quashed the decisions made by the Minister and her delegate and referred the decision of the delegate of the Secretary to the Minister for reconsideration according to law.

Orders