Right to Life Association (NSW) Inc. v. The Secretary of the Commonwealth Department of Human Services & Health & Anor. [1994] FCA 706

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JUDGMENT NO. suse! Svea wat Loe CATCHWORDS

ADMINISTRATIVE DECISIONS - Judicial Review - Departmental Secretary empowered to direct clinical trials be stopped upon becoming aware continuance of trials "would be contrary to the public interest" - refusal to accede to third party's request

to stop trials - whether a "decision" within meaning of 5. 5 of Administrative Decisions (Judicial Review) Act 1977. ADMINISTRATIVE DECISIONS - Judicial Review - whether

continuance of clinical trials would be "contrary to the public interest" - Australian public interest - suggestion of possible contraventions of Crimes Acts of Victoria and New South Wales - whether Departmental Secretary under obligation to investigate possible contraventions of State law - whether contraventions would establish that continuance of trials would be contrary to Australian public interest - Therapeutic Goods Regulations, Schedule 5A, Item 3, sub-paragraph (e).

WORDS AND PHRASES - "becomes aware" - "public interest".

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

P: riet Limited v isbane Unit Develo Corporation Proprietary Limited (1983) 155 CLR 129 Australian Broadcasting POS aa aT TTT v Bond (1990) 170 CLR 321

Ricegrowers Co-Operative Mills Ltd v Banneyman (1981) 38 ALR vi Nominees Ltd Federa ission Taxation (1988) 19 FCR 169

Clyne_y Attorney General (Cth) (No.2) (1984) 55 ALR 624 stra ation (1993) 117

ALR 629

No NG 606 of 1994

Lind J Lindgren RECEIVED 30 September 1994 -5 0CT 1994 FEDERAL COURT O: AUSTRALIA

PRINCIPAL

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:

THE SECRETARY OF THE COMMONWEALTH DEPARTMENT OF HUMAN SERVICES & HEALTH First Respondent