Riverside Nursing Care Pty Ltd v Honourable Bronwyn Bishop [2000] FCA 434

FEDERAL COURT OF AUSTRALIA

Riverside Nursing Care Pty Ltd v Honourable Bronwyn Bishop FCA [2000] 434

ADMINISTRATIVE LAW ‑ Decision revoking approval of nursing home to receive government subsidies under Aged Care Act 1997 (Cth) ‑ Application for suspension of operation of decision pending outcome of application for judicial review ‑ Whether point of substance to be argued or serious question to be tried. PRACTICE AND PROCEDURE ‑ Decision revoking approval of nursing home to receive government subsidies under Aged Care Act 1997 (Cth) ‑ Application for judicial review ‑ Provision in Aged Care Act for appeal to Administrative Appeals Tribunal from decision that has been confirmed after reconsideration ‑ Decision not confirmed at time of application for review ‑ Whether Act provides for adequate review of decision so as to enliven court's discretion to refuse relief. AGED CARE ‑ Decision revoking nursing home's allocation of places ‑ Whether places thereby cease to exist or are available for re‑allocation. Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5, 10(2)(b)(ii) Aged Care Act 1997 (Cth) ss 14‑4, 65, 67‑1, 85‑2. Accreditation Grant Principles 1999 pars 3.7, 4.2(2)(a) Bragg v Department of Employment (1995) 59 FCR 31 applied Feingold v Zammit (1984) 1 FCR 87 applied Minister for Aboriginal Affairs v Peko‑Wallsend Ltd (1986) 162 CLR 24 applied Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 applied Reg v Deputy Industrial Injuries Commission; Ex parte Moore [1965] 1 QB 456 cited Mahon v Air New Zealand [1984] AC 808 cited American Cyanamid v Ethicon Ltd [1975] AC 396 cited Re Wardle; ex parte Widin v Australia and New Zealand Banking Group Ltd (1987) 70 ALR 633 considered Minister for Immigration , Local Government and Ethnic Affairs v Msilanga (1992) 34 FCR 169 cited