HBF Health Funds Inc v Minister for Health and Ageing [2006] FCAFC 34

FEDERAL COURT OF AUSTRALIA

HBF Health Funds Inc v Minister for Health and Ageing [2006] FCAFC 34

ADMINISTRATIVE LAW – appeals on a question of law – nature of an appeal pursuant to s 44(1) of Administrative Appeals Tribunal Act 1975 (Cth) – formulation of question of law.

ADMINISTRATIVE LAW – statutory interpretation – meaning of improper discrimination – whether unequal treatment of equals only involves discrimination when it is not the product of a distinction which is appropriate and adapted to the attainment of a proper objective – whether improper discrimination involves only discrimination against a person and not discrimination between persons – discrimination related to the age of a person – discrimination related to the amount or extent of benefits to which a person becomes or has become entitled during a period – whether loyalty benefit scheme requiring a contributor to attain the age of 65 years before he or she can utilise the scheme's benefits constitutes improper discrimination – whether loyalty benefit scheme providing for benefits to be calculated by reference to the level of claims made for ancillary benefits by the contributor constitutes improper discrimination.

Administrative Appeals Tribunal Act 1975 (Cth)s 44(1) National Health Act 1953 (Cth) ss 66, 73AAF, 73AAH, 73AAJ, par (mb) of Sch 1

Federal Court Rules O 53 r 2(1) Austin v Commonwealth (2003) 215 CLR 185 distinguished Bayside City Council v Telstra Corporation Limited (2004) 216 CLR 595 distinguished Birdseye v Australian Securities and Investment Commission (2003) 76 ALD 321 followed Cameron v The Queen (2002) 209 CLR 339distinguished Comcare v Etheridge [2006] FCAFC 27 followed Permanent Trustee Australia Ltd v Commissioner of State Revenue (2004) 211 ALR 18 distinguished Siganto v The Queen (1998) 194 CLR 656cited Street v Queensland Bar Association (1989) 168 CLR 461 distinguished Waters v Public Transport Corporation (1991) 173 CLR 349 considered