Transcon Holding Pty Ltd v Aged Care Quality and Safety Commissioner [2023] FCAFC 60

FEDERAL COURT OF AUSTRALIA

Transcon Holding Pty Ltd v Aged Care Quality and Safety Commissioner [2023] FCAFC 60 Appeal from: Transcon Holding Pty Ltd v Aged Care Quality and Safety Commissioner [2022] AATA 94

File number: NSD 180 of 2022

Judgment of: PERRY, MEAGHER AND KENNETT JJ

Date of judgment: 24 April 2023

Catchwords: ADMINISTRATIVE LAW – appeal against decision of the Administrative Appeals Tribunal affirming decision to revoke applicant's approval as a provider of aged care pursuant to s 10-3(1) of the Aged Care Act 1997 (Cth) – where Tribunal found applicant had ceased to be suitable for approval by reference to criteria in s 8-3 – whether Tribunal erred in not proceeding under sanction provisions in Part 4.4 – consideration of role of statutory objects – whether "evidential onus" had been imposed on applicant by Tribunal – adequacy of Tribunal's reasons – whether Tribunal's findings unsupported by evidence or contradictory – appeal dismissed with costs

Legislation: Acts Interpretation Act 1901 (Cth) s 25D Administrative Appeals Tribunal Act 1975 (Cth) ss 37, 43, 44 Administrative Decisions (Judicial Review) Act 1977 (Cth) s 16 Aged Care Act 1997 (Cth) ss 8-1, 8-3, 8-3A, 10-1, 10-3, 10A-1, 10A-2,, 10A-3, 54-1, 65-1, 65-2, 66-1, 67-3, 67-5, 96-1 Aged Care Quality and Safety Commissioner Act 2018 (Cth) ss 63D, 63J Accountability Principles 2014 (Cth) Federal Court Rules 2011 (Cth) rr 33.12 Quality of Care Principles 2014 (Cth) User Rights Principles 2014 (Cth)