Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
ADMINISTRATIVE LAW- revocation of nursing home approval - failure to observe procedures required by law - reliance on report of a Panel purportedly appointed under National Health Regulations - whether Panel improperly constituted - meaning of "member of professional or industrial organisation" of persons employed or practising in nursing homes - whether registration as nurse sufficient - inadequate notice of intended revocation of approval - Panel report not express pre-condition for revocation of approval - whether error of law in referring to standards in Department booklet
WORDS AND PHRASES - "vacancy" - "member of professional or industrial organisation" - "in connection with"
National Health Act 1953 (Cth) ss 40AA, 44, 45D, 45E
National Health Regulations regs 8, 9, 11, 12, 26, 27, 28
Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5,(1)(b), 5(1)(f), 10(2)(a)(ii)
Acts Interpretation Act 1901 (Cth) s 23(b)
Nursing Act 1995 (Tas)
JUDGE: HEEREY J
DATE: 19 JUNE 1998
PLACE: MELBOURNE (HEARD IN hOBART)
JADWAN PTY LTD v MINISTER FOR HEALTH AND FAMILY SERVICES NO. TG 1 of 1998
IN THE FEDERAL COURT OF AUSTRALIA
TASMANIA DISTRICT REGISTRY TG 1 of 1998
BETWEEN: Jadwan Pty Ltd
Applicant
AND: Minister for Health and Family Services
Respondent
JUDGE: HEEREY J
DATE OF ORDER: 19 June 1998
WHERE MADE: melbourne (heard in HOBART)
THE COURT ORDERS THAT: 1. The application is allowed. 2. Declare that the decision of the respondent on 6 August 1997 to revoke the approval of the Derwent Court Nursing Home is void. 3. The respondent pay the applicant's costs of the application, including reserved costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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