Vietnam Veterans' Affairs Association of Australia New South Wales Branch Inc v Cohen

The Vietnam Veterans' Affairs Association of Australia New South Wales Branch Inc sought judicial review of two Statements of Principles concerning prostate cancer and death from malignant neoplasm of the prostate, determined by the Repatriation Medical Authority pursuant to the Veterans Entitlements Act 1986 (Cth). The applicant also sought a review of declarations made by the Specialist Medical Review Council in relation to those Statements. The Repatriation Commission objected to the competency of the Court to hear the application on the basis that the determinations and declarations were not of an administrative character and therefore not subject to judicial review. The Commission also argued that the Court had no jurisdiction under s 39B of the Judiciary Act 1903 (Cth) or under ss 21, 22, and 23 of the Federal Court of Australia Act 1976 (Cth). The Court held that the Statements and Declarations were legislative in character, as they involved determining the content of the law, had a binding quality, and had general application. The Court did not have jurisdiction under the Administrative Decisions (Judicial Review) Act 1977 (Cth) or s 39B of the Judiciary Act 1903 (Cth) as the determinations and declarations were not of an administrative character and were not the acts of officers of the Commonwealth. The Court also held that there was no accrued jurisdiction to hear the application. The Objection to Competency was allowed and the application for review was dismissed with costs.