Jackson, L. v The Secretary to the Department of Health [1987] FCA 526

CATCHWORDS

Administrative Law - Health Insurance Act 1973 - revocation of certificate issued pursuant to Health Insurance Act that applicant is in need of acute care - meaning of "acute care"

and "nursing-home type patient" ~ composition, powers and functions of Acute Care Advisory Committee - whether

recommendation of Committee to revoke certificate an improper

exercise of power - nature of Secretary's power - history and meaning of s.3B Health Insurance Act - status of Commonwealth

Department of Health Acute Care Guidelines.

Administrative Decisions (Judicial Review) Act 1977 88.3(3), 5(1)(a),(b),(d),(e) and (f), 5(2)(a),(b)(f) and (g)

Health Insurance Act 1973 ss.3, 3(1A), 3A, 3B, 129

Health Insurance Amendment Act 1979 ss.3, 4

Health Legislation Amendment Act 1983 ss.4, 5 Health Legislation Amendment Act (No. 2) 1985 ss. 2, 28

National Health Act 1953 s.4(1A) LYN JACKSON v. THE SECRETARY TO THE DEPARTMENT OF HEALTH Q. No. G 87 of 1987

NORTHROP J. 2 OCTOBER 1987 MELBOURNE

/% RECENTD -Z OCT 1987

FEDERAL COURT OF AUSTRALIA

PRINCIPAL REGISTRY

—

me ee ee

pie cee

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION

Q. No. G 87 of 1987

ded

BETWEEN :

LYN JACKSON Applicant and

THE SECRETARY TO THE DEPARTMENT OF HEALTH Respondent

COURT: NORTHROP J.

DATE : 2 OCTOBER 1987 PLACE: MELBOURNE

MINUTES OF ORDER

THE COURT ORDERS THAT: - &

1. The decision of the respondent dated 16 January 1986 be set aside and that the matter be remitted to the respondent for reconsideration according to law.

2. The respondent pay the costs of the applicant.