NIB Health Funds Ltd v Private Health Insurance Administration Council [2002] FCA 40

FEDERAL COURT OF AUSTRALIA

NIB Health Funds Ltd v Private Health Insurance Administration Council [2002] FCA 40

administrative law – judicial review – procedural fairness – decision-making process of a statutory body of individuals – whether matter must be disclosed to party affected by decision where decision-maker disavows relevance of that matter and purports to exclude it from consideration – whether real risk that undisclosed matter influenced decision – whether any denial of opportunity to be heard on new matters – whether failure to make enquiries – whether irrelevant considerations taken into account such as to fetter decision-makers discretion – whether no "proper, genuine and realistic consideration" of some matters – whether other unlawful fetter on discretion or error of law – decision flawed

Administrative Decisions (Judicial Review) Act 1977 (Cth) Judiciary Act 1903 (Cth) s 39B(1A) Federal Court of Australia Act 1976 s 32 National Health Act 1953 (Cth) Health Benefits Reinsurance (Trust Fund Principles) Determination 1998 Health Benefits Reinsurance (Trust Fund Principles) Amendment Determination 1999 (No1) Health Benefits Reinsurance (Trust Fund Principles) Amendment Determination 2000 (No 1) Dunlop v Woollahra Municipal Council [1975] 2 NSWLR 446 applied Parramatta City Council v Hale (1982) 47 LGRA 319 applied Telstra v Hurstville City Council (2000) 105 FCR 322 applied Kioa v West (1985) 159 CLR 550 discussed and applied Roderick v Australian & Overseas Telecommunications Corporation Ltd (1992) 39 FCR 134 applied Johns v Release on Licence Board (1987) 9 NSWLR 103 discussed Re Macquarie University; Ex parte Ong (1989) 17 NSWLR 113 discussed Bromby v Offenders' Review Board (1990) 22 ALD 249 discussed Hall v Release on Licence Board (unreported, New South Wales Court of Appeal, 27 June 1989) referred to Youssef v Minister for Immigration and Ethnic Affairs (1987) 14 ALD 550 referred to Claro v Minister for Immigration, Local Government and Ethnic Affairs (1993) 119 ALR 342 referred to Stollery v Greyhound Racing Control Board (1972) 128 CLR 509 referred to Minister for Immigration and Multicultural Affairs; Ex parte Miah (2001) 179 ALR 238 discussed Minister for Aboriginal Affairs v Peko Wallsend Ltd (1986) 162 CLR 24 referred to Sean Investments Pty Ltd v MacKellar (1981) 38 ALR 363 referred to Tickner v Bropho (1993) 40 FCR 183 referred to Videto v Minister for Immigration and Ethnic Affairs (1985) 69 ALR 342 referred to Minister for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273 referred to Prasad v Minister for Immigration and Ethnic Affairs (1985) 6 FCR 155 referred to Khan v Minister for Immigration and Ethnic Affairs (1987) 14 ALD 291 referred to Turner v Minister for Immigration and Ethnic Affairs (1987) 35 ALR 388 referred to Teoh v The Minister for Immigration Local Government and Ethnic Affairs (1994) 49 FCR 409 referred to Flentjar v Repatriation Commission (1997) 48 ALD 1 referred to Tobacco Institute of Australia v NH&MRC (1996) 71 FCR 265 referred to Bruce v Cole (1998) 45 NSWLR 163 referred to Minister for Immigration and Multicultural Affairs v Anthonypillai [2001] FCA 274 referred to NIB Health Funds Ltd v Private Health Insurance Administration Council N971 of 2000 ALLSOP J SYDNEY 31 JANUARY 2002