Government Employees Health Fund Ltd v Private Health Insurance Administration [2001] FCA 322

FEDERAL COURT OF AUSTRALIA

Government Employees' Health Fund Ltd v Private Health Insurance Administration [2001] FCA 322 ADMINISTRATIVE LAW – judicial review – whether a discretionary power to make a payment confers an entitlement to the payment – whether a rule made under a delegated legislative power that a payment may only be made in exceptional circumstances is inconsistent with a general statutory discretionary power to make a payment – whether a decision that applies a policy of confining the scope of "exceptional circumstances" is an improper exercise of power National Health Act 1953 (Cth) ss 73BC, 73BC(5B) and 73BC(12) Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5(1)(e) and 5(1)(f) Re Drake v Minister for Immigration and Ethnic Affairs (No 2) (1979) 2 ALD 634 - applied GOVERNMENT EMPLOYEES' HEALTH FUND LIMITED v PRIVATE HEALTH INSURANCE ADMINISTRATION COUNCIL - V466 of 2000 QUEENSLAND TEACHERS UNION HEALTH FUND LIMITED v PRIVATE HEALTH INSURANCE ADMINISTRATION COUNCIL - V 467 of 2000 AUSTRALIAN UNITY HEALTH LIMITED v PRIVATE HEALTH INSURANCE ADMINISTRATION COUNCIL - V 468 of 2000 MANCHESTER UNITY FRIENDLY SOCIETY IN NSW LIMITED v PRIVATE HEALTH INSURANCE ADMINISTRATION COUNCIL - V 469 of 2000 JUDGES: WILCOX, KIEFEL AND MERKEL JJ DATE: 29 MARCH 2001 PLACE: MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 466 of 2000

On appeal from a single judge of the Federal Court of Australia

BETWEEN: GOVERNMENT EMPLOYEES' HEALTH FUND LIMITED ACN 003 683 298

APPELLANT AND: PRIVATE HEALTH INSURANCE ADMINISTRATION COUNCIL

RESPONDENT

AND: IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 467 of 2000

On appeal from a single judge of the Federal Court of Australia

BETWEEN: QUEENSLAND TEACHERS UNION HEALTH FUND LIMITED