Right To Life Association (NSW) Inc. v. The Secretary of the Commonwealth Department of Human Services & Health & Anor [1994] FCA 687

SUDGMENT No. soc Q3 oul ma?

CATCHWORDS ADMINISTRATIVE LAW - standing for judicial review of administrative action - meaning of "person aggrieved" -

whether incorporated "right to life" association sufficiently aggrieved to challenge decision not to stop clinical trials of therapeutic goods - legislative objects of therapeutic goods legislation.

Administrative Decisions (Judicial Review) Act 1977 (Cth) Therapeutic Goods Act 1989 (Cth) Therapeutic Goods Regulations

Australian Conservation Foundation v Commonwealth (1980) 146

= i Vv (1981) 38 ALR Australian. Institute of Marine and Power Engineers vy Secretary, Department of Transport (1986) 71 ALR 73 Ogle v Strickland (1987) 71 ALR 41 Broadbridge v Stammers (1987) 76 ALR 334 v inis (1988) 83 ALR 79

f

v_Minis (1989) 19 ALD 70 'oO Cs) 8 (1989) 52

SASR 288

(1993)

No NG 606 of 1994

Lindgren J 23 September 1994 26 SEP 1994 Sydney FEDERAL Court OF

PRINCIPAL REGISTRY

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY ) No. G 606 of 1994 GENERAL DIVISION )

RIGHT TO LIFE ASSOCIATION (NSW) INC. Applicant

AND:

THE SECRETARY OF THE . COMMONWEALTH DEPARTMENT OF HUMAN - - SERVICES & HEALTH

First Respondent

FAMILY PLANNING VICTORIA INC. Second Respondent

CORAM: LINDGREN J PLACE: SYDNEY DATE: 23 SEPTEMBER 1994

MINUTE OF ORDER THE COURT ORDERS THAT:

(A) The first question for separate decision be answered as follows:

1. Is the applicant a "person aggrieved" within the

meaning of the Administrative Decisions (Judicial Review) Act 1977?

Answer: No.

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. G 606 of 1994 GENERAL DIVISION ) BETWEEN: RIGHT TO LIFE ASSOCIATION (NSW) INC. Applicant AND: