Right to Life Association (NSW) Inc v Secretary Department of Human Services & Health & Anor [1995] FCA 33

CATCHWORDS ADMINISTRATIVE LAW - Departmental Secretary empowered to stop clinical trials if became aware that trials "contrary to public interest" - whether positive duty under Schedule 5A, item 3(e) Therapeutic Goods Regulations to investigate possible breaches of State criminal law - whether Secretary's refusal to accede to request to stop trials was a "decision" within the meaning of s 5 ADJR Act - whether incorporated "right to life" association is a "person aggrieved" with standing to challenge the Secretary's "decision". Administrative Decisions (Judicial Review) Act 1977: ss. 3, 5, 6, 7. Customs Act 1901 Customs (Prohibited Imports) Regulations, reg. 5H, Schedule 8 Therapeutic Goods Act 1989, ss. 3, 4, 17, 18, 19, 20 Therapeutic Goods Regulations, reg. 12(1A), Schedule 5A, Item 3(e) Health and Community Services Legislation Amendment Act (No 2) 1993: s. 2. RIGHT TO LIFE ASSOCIATION (NSW) INC v SECRETARY DEPARTMENT OF HUMAN SERVICES & HEALTH and ANOR NG 697 of 1994 LOCKHART, BEAUMONT, GUMMOW JJ. 10 FEBRUARY 1995 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA) ) NEW SOUTH WALES DISTRICT REGISTRY) No. G697 of 1994 ) GENERAL DIVISION )

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: RIGHT TO LIFE ASSOCIATION (NSW) INC Appellant AND: SECRETARY, DEPARTMENT OF HUMAN SERVICES & HEALTH First Respondent FAMILY PLANNING INC (VIC) Second Respondent

COURT: LOCKHART, BEAUMONT and GUMMOW JJ DATE: 10 FEBRUARY 1995 PLACE: SYDNEY

MINUTE OF ORDERS THE COURT ORDERS THAT: 1. Leave be granted to the first respondent to file a notice of cross-appeal by 2 December 1994; 2. the appeal be dismissed; 3. the cross-appeal be dismissed; 4. the appellant pay the costs of the first and second respondents of the appeal; 5. there be no order as to the costs of the cross-appeal. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.