Christie v The Honourable A R Neaves [2001] FCA 1401

FEDERAL COURT OF AUSTRALIA

Christie v The Honourable A R Neaves [2001] FCA 1401 ADMINISTRATIVE LAW – disciplinary proceedingsfor inappropriate practice brought against medical practitioner – finding made by Determining Officer adverse to practitioner – final determination issued reprimand to practitioner – practitioner applied to Minister for review of final determination by Professional Services Review Tribunal – application made beyond time prescribed by statute – Minister nevertheless forwards application to Tribunal – Tribunal fixes hearing date – practitioner purportedly withdraws application prior to hearing – whether right to withdraw administrative application at common law inconsistent with statutory intention – whether Tribunal in any event deprived of jurisdiction where both parties to application for review mutually acknowledged that such application was incompetent – where absence of jurisdictional fact thereby established STATUTORY INTERPRETATION – principles of statutory interpretation arising where legislation does not explicitly address the functions of a statutory tribunal in relation to particular circumstances which might conceivably arise – relevance of results or consequences flowing from one interpretation in contrast to another - circumstances in which a particular interpretation may be implied. Health Insurance Act 1973 (Cth) ss 82, 106Q, 106R, 106S, 106T, 106U, 106V, 114, 115, 119 and 124A Bermingham v Corrective Services Commission of New South Wales (1988) 15 NSWLR 292 followed Black-Clawson International Ltd v Papierwerke Waldhof-Aschaffenberg AG [1975] AC 591 referred to Boal Quay Wharfingers Ltd v King's Lynn Conservancy Board [1971] 1 WLR 1558 followed Brunton v The Acting Commissioner of Stamp Duties [1913] AC 747 followed Cooper Brookes (Wollongong) Pty Ltd v Commissioner of Taxation (1981) 147 CLR 297 followed Federal Commissioner of Taxation v Smorgon (1977) 16 ALR 721 followed Lake Macquarie Shire Council v Aberdare County Council (1970) 123 CLR 327 followed Marshall v Watson (1972) 124 CLR 640 followed Public Transport Commission of New South Wales v J Murray-More (NSW) Pty Ltd (1975) 132 CLR 336 followed R v Young (1999) 46 NSWLR 681 followed Re Adams and Tax Agents Board (1976) 1 ALD 251 referred to Re Queensland Nickel Management Pty Ltd and Great Barrier Reef Marine Park Authority (No 3) (1992) 28 ALD 368 followed Schipp v Herfords Pty Ltd [1975] 1 NSWLR 412 followed Thompson v Goold & Co [1910] AC 409 followed Uniden Australia Pty Ltd v Collector of Customs (1997) 74 FCR 190 followed Yung v Adams (1997) 80 FCR 453 referred to