Australian Crime Commission v NTD8 [2009] FCAFC 86

FEDERAL COURT OF AUSTRALIA

Australian Crime Commission v NTD8 [2009] FCAFC 86 ADMINISTRATIVE LAW – Australian Crime Commission Examiner issued notice to health services provider requiring production of medical records of eight female Aboriginal children pursuant to s 29(1)(b) Australian Crime Commission Act 2002 (Cth) – whether the best interests of those eight children was a relevant consideration which the Examiner was required to take into account in issuing that notice – whether the Examiner had regard to the best interests of those eight children – consideration of whether the best interests of those children was a "primary consideration"

Acts Interpretation Act 1901 (Cth) s 15Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5(1)(e), 5(2)(b) Australian Crime Commission Act 2002 (Cth) ss 4, 7, 7A, 7C, 28, 29, 29A, 46B Convention on the Rights of the Child Article 3.1 Families, Community Services and Indigenous Affairs and Other Legislation Amendment (Northern Territory National Emergency Response and Other Measures) Act 2007 (Cth)

A.B. Pty Limited v Australian Crime Commission (2009) 107 ALD 591 discussed Al-Kateb v Godwin (2004) 219 CLR 562 distinguished Chu Kheng Lim v Minister for Immigration (1992) 176 CLR 1 cited Commissioner of Stamps (SA) v Telegraph Investment Co Pty Ltd (1995) 184 CLR 453 cited Commissioner of Taxation v Citibank Ltd (1989) 20 FCR 403 cited Deputy Commissioner of Taxation v Saunig (2002) 55 NSWLR 722 cited Foster v Minister for Customs and Justice (2000) 200 CLR 442 cited Khan v Minister for Immigration and Ethnic Affairs (1987) 14 ALD 291 cited Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 cited Minister for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273 discussed Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 cited Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 cited Minister for Immigration and Multicultural Affairs; Ex parte Lam (2003) 214 CLR 1 cited Minister for Immigration and Multicultural and Indigenous Affairs v Nystrom (2006) 228 CLR 566 cited Oates v Attorney-General (Cth) (2003) 214 CLR 496 distinguished Polites v The Commonwealth (1945) 70 CLR 60 cited Re Woolley (2004) 225 CLR 1 distinguished Sweeney v Fitzhardinge (1906) 4 CLR 716 cited Waters v Public Transport Corporation (1991) 173 CLR 349 discussed AUSTRALIAN CRIME COMMISSION and JEFFREY PHILIP ANDERSON v NTD8