Lynch, Thomas Brendan Dr v Minister for Human Services & Health (formerly the Minister for Health, Housing, Local Government & Community Services) [1995] FCA 1084

CATCHWORDS ADMINISTRATIVE LAW - decision of delegate of Minister in respect of application for approval of premises as an accredited pathology laboratory pursuant to s.23DN(1) Health Insurance Act 1973 (Cth) ("the Act") -whether decision was an approval or a refusal to approve - whether the Administrative Appeals Tribunal had jurisdiction to review decision - effect of principles to be applied in the exercise of the decision-making power - effect of principle that premises may not be approved unless first approved by an inspection agency - whether invalid conferral of decision-making power on inspection agency - whether invalid limitation on Minister's power and function. Administrative Appeals Tribunal Act 1975 (Cth) - s.43 Health Insurance Act 1973 (Cth) - s.23DN, s.23DNA, s.23DO(5)(a) Determination of Principles for the Approval of Premises as an Accredited Pathology Laboratory (made 26 November 1987, Commonwealth Government Gazette, 9 December 1987, as amended) Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Barton v Cromer Trading Pty Ltd (1984) 3 FCR 1995 Collector of Customs (NSW) v Brian Lawlor Automotive Pty Limited (1979) 41 FCR 338 Director-General of Social Services v Chaney (1980) 31 ALR 571 Drake v Minister for Immigration & Ethnic Affairs (1979) 24 ALR 577 Hip Kwok Ma v Minister for Immigration & Ethnic Affairs (unreported, 13 October 1995, Davies J) Pharmacy Restructuring Authority v Martin (1994) 53 FCR 589 Preci Services Pty Ltd v Minister for Health, Housing and Community Services (1992) 36 FCR 395 Re Coldham; Ex parte Brideson (1989) 166 CLR 338 Re Dennis and the Secretary, Department of Transport (1979) 2 ALD 255 Re Hewitt Secretary, Department of Transport (1982) 4 ALD 547 Re Shortis and Secretary, Department of Community Services and Health (1991) 13 AAR 544 Riddell v Secretary, Department of Social Security (1993) 42 FCR 443 Smoker v Pharmacy Restructuring Authority (1994) 53 FCR 287 Water Conservation and Irrigation Commission v Browning (1947) 74 CLR 492 DR THOMAS BRENDAN LYNCH v MINISTER FOR HUMAN SERVICES AND HEALTH (formerly THE MINISTER FOR HEALTH, HOUSING, LOCAL GOVERNMENT AND COMMUNITY SERVICES No G 465 of 1995 Davies, Moore & Lehane JJ 15 December 1995 Sydney