Secretary, Department of Health and Aged Care v M House Pty Ltd [2024] FCAFC 71

FEDERAL COURT OF AUSTRALIA

Secretary, Department of Health and Aged Care v M House Pty Ltd [2024] FCAFC 71 Appeal from: M House Pty Ltd v Secretary, Department of Health and Aged Care [2023] FCA 768

File number(s): VID 654 of 2023

Judgment of: O'CALLAGHAN, SNADEN AND MCELWAINE JJ

Date of judgment: 5 June 2024

Catchwords: ADMINISTRATIVE LAW – whether primary judge erred in finding that a decision of the appellant's delegate to release certain information to the public under s 61(5C) of the Therapeutic Goods Act 1989 (Cth) (the Act) was not authorised by that sub-section and should therefore be quashed – where held that s 61(5C) authorised release of information obtained in exercise of appellant's non-statutory executive capacity to conduct tests and take samples – where held that information released was "therapeutic goods information" within the meaning of s 61(1) of the Act – where held that decision to release information was not unreasonable – appeal allowed

Legislation: Acts Interpretation Act 1901 (Cth) s 19A Legislation Act 2003 (Cth) s 13(1)(b) Therapeutic Goods Act 1989 (Cth) ss 4, 9A, 45AB, 46, 46A, 47, 48, 61, 61A, 63, Ch 4 Therapeutic Goods Information (Laboratory Testing) Specification 2017 (Cth) Therapeutic Goods Regulations 1990 (Cth) regs 2, 12AC, 24, 25, 26, 27, 28, 29, Pt 5 Therapeutic Goods (Medical Devices) Regulations 2002 (Cth) Sch 1

Cases cited: Barton v Commonwealth (1974) 131 CLR 477 Davis v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2023) 97 ALJR 214; [2023] HCA 10 ENT19 v Minister for Home Affairs (2023) 97 ALJR 509; [2023] HCA 18 M House Pty Ltd v Secretary, Department of Health and Aged Care [2023] FCA 76 Ruddock v Vadarlis (2001) 110 FCR 491 Secretary, Department of Health and Ageing v Prime Nature Prize Pty Ltd (in liq) [2010] FCA 597 SZTAL v Minister Immigration and Border Protection (2017) 262 CLR 362