Federal Court of Australia
CATCHWORDS ADMINISTRATIVE LAW - Judicial Review - decision fixing nursing home fees - considerations to be taken into account - staffing
levels and profit - reliance on departmental policy - viability of
nursing home - purpose of legislation - effect of amendment to
legislation.
STATUTES - Interpretation - use of extrinsic material to determine purpose of amending legislation - Minister's Second Reading
speech.
Administrative Decisions (Judicial Review) Act 1977 s.5
National Health Act 1953 ss.40AA, 40AD
ALEXANDRA PRIVATE GERIATRIC HOSPITAL PTY. LTD. (trading as "Alexandra Private Nursing Home")
Vv
NEAL BLEWETT (who is sued as the Commonwealth minister for Health)
and LAWRIE J. WILLETT (who is sued as the Permanent Head of the Commonwealth Department of Health)
No. VG 46 of 1984
Woodward J. 7 August 1984 Melbourne
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY ) No. VG 46 of 1984 ) )
GENERAL DIVISION
BETWEEN:
ALEXANDRA PRIVATE GERIATRIC HOSPITAL PTY. LTD.
(trading as "Alexandra Private
Nursing Home") Applicant
and
NEAL BLEWETT (who is sued as the Commonwealth Minister for Health) and LAWRIE J. WILLETT (who is sued as the Permanent Head of the Commonwealth Department of Health) Respondents
ORDER
JUDGE MAKING ORDER Woodward J.
DATE OF ORDER 7 August 1984
WHERE MADE Melbourne
THE COURT ORDERS THAT:
The application be dismissed with costs.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY No. VG 46 of 1984
www ww
GENERAL DIVISION
BETWEEN:
ALEXANDRA PRIVATE GERIATRIC HOSPITAL PTY. LTD.
(trading as "Alexandra Private
Nursing Home") Applicant and
NEAL BLEWETT (who is sued as the Commonwealth Minister for Health) and LAWRIE J. WILLETT (who is sued
as the Permanent Head of the Commonwealth Department of Health) Respondents
JUDGE: Woodward J.
DATE: 7 August 1984
REASONS FOR JUDGMENT
Summary of main issues
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