Federal Court of Australia
MS 377 CATCHWORDS
Administrative Law - judicial review~ decisions made under the Health Insurance Act 1973 s.19D - whether offences of which applicant convicted are relevant offences within the meaning of the Health Insurance Act s.19B(1) - operation of
the Crimes Act 1914 s.5 = consideration of the word "deemed"
effect of a plea of guilty.
Administrative Decisions (Judicial Review) Act 1977 Crimes Act 1914 ss.5, 6, 7, 7A
Crimes (Internationally Protected Persons) Act 1976 s.8(5) Health Insurance Act 1973 ss.19B, 19C, 19D, 129.
JOHN BLAKE PAVIOUR LEWIS v. THE MINISTER OF STATE FOR HEALTH
No. NSW G401 of 1984
CORAM: McGregor J. 26 April 1985
Sydney
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
No. NSW G401 1984
GENERAL DIVISION
BETWEEN JOHN BLAKE PAVIOUR LEWIS ~ Applicant AND
: THE MINISTER OF STATE FOR HEALTH
Respondent
MINUTES OF ORDER
JUDGE MAKING ORDER McGregor J.
DATE OF ORDER 26 April 1985
WHERE MADE 2 Sydney
THE COURT ORDERS THAT: 1. The application is dismissed.
2. The applicant is to pay the respondent's costs.
Note : Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA } )
NEW SOUTH WALES DISTRICT REGISTRY + No. NSW G401 of .1984 }
GENERAL DIVISION ) BETWEEN JOUN BLAKE PAVIOUR LEWIS
Applicant
THE MINISTER OF STATE FOR HEALTH
Respondent
McGregor J. .
Date: 26 April 1985
REASOWS FOR JUDGMENT
By application filed on 23'November 1984 JOHN BLAKE PAVIOUP LEWIS (applicant) sought, pursuant to the Administrative Decisions (Judicial Review) Act 1977 (the ADJR Act) (s.5), an order of review of the decision dated 23 August 1984 of the respondent, THE MINISTER OF STATE FOR HEALTH (the Minister), fexpressed in written directions) under ss.19D(1) and (3) of the
Health Insurance Act 1973, and consequential orders.
Tt is common ground that on 3 Julv 1984 before the Wagga Wagga Court of Petty Sessions the applicant was charged pursuant tea the Health Insurance Act 1973, pleaded quilty and was convicted of 12 offences which, except for names and dates, are in identical terms. Hereunder is set out a copy of the Summons
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