Secretary, Department of Health (as successor to the Secretary, Department of Social Services) v DLW Health Services Pty Ltd [2016] FCAFC 108

FEDERAL COURT OF AUSTRALIA

Secretary, Department of Health (as successor to the Secretary, Department of Social Services) v DLW Health Services Pty Ltd [2016] FCAFC 108 Appeal from: DLW Health Services Pty Ltd v Secretary, Department of Social Services [2015] AATA 796

File number: VID 746 of 2015

Judges: NORTH, BARKER AND RANGIAH JJ

Date of judgment: 23 August 2016

Catchwords: ADMINISTRATIVE LAW – aged care – appeal against decision of the Administrative Appeals Tribunal – Tribunal set aside decisions of delegates of the Department of Health to reduce classification levels of aged care recipients – whether Classification Principles 1997 may only classify aged care recipients based on the needs of care recipients, relative to the care needs of other recipients – whether the Classification Principles purport to classify care recipients based on the care actually provided as opposed to care needs – construction of the Classification Principles – Tribunal erred in its construction – appeal allowed

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44 Aged Care Act 1997 (Cth) ss 2-1, 22-1, 22-3, 22-4, 24-2, 25-1, 25-2, 25-3, 29-1, 41-3, 43-1, 44-2, 44-3, 96-1, Pts 2.3, 2.4, 3.1, 4.1, 4.3 and 4.4 Legislation Act 2003 (Cth) Legislative Instruments Act 2003 (Cth) ss 8, 13 and 14 Aged Care (Residential Care – Amount of Basic Subsidy) Determination 2012 (No. 1) ss 7, 8 and Sch 1 Classification Principles 1997 ss 9.3, 9.3B, 9.17, Sch 1 and Sch 2 Classification Principles 2014 Quality of Care Principles s 7 Sanctions Principles Subsidy Principles