Riordan v Australian Sports Drug Agency [2002] FCA 858

FEDERAL COURT OF AUSTRALIA

Riordan v Australian Sports Drug Agency [2002] FCA 858

ADMINISTRATIVE LAW - drug testing in sports – appeal from Administrative Appeals Tribunal (AAT) – AAT reviewing decision of Australian Sports Drug Agency that positive test result valid and must be placed on register of notifiable events – whether discretion to place result of valid, positive, test on register – whether obliged to consider relevant circumstances other than those specified – whether competitor's age, previous drug-free record, competitor's alleged failure to resemble profile of a drug-taker, allegation that positive test result may be explained other than by ingestion of prohibited drugs and allegation that specific drugs found do not enhance performance of athletes in particular event were relevant circumstances – whether AAT obliged to make specific finding on every item of evidence conflicting with its ultimate finding WORDS AND PHRASES – "other relevant considerations" – "includes" Dilworth v The Commissioner of Stamps [1899] AC 99 referred to Y.Z. Finance Co Pty Ltd v Cummings (1964) 109 CLR 395 referred to Lamont v Commissioner for Railways (1963) 80 WN (NSW) 1242 referred to Commissioner of Taxation (Cth) v Cainero (1988) 15 ALD 368 followed Bisley Investment Corporation v Australian Broadcasting Tribunal (1982) 40 ALR 233 referred to Blackwood Hodge (Australia) Pty Ltd v Collector of Customs, New South Wales (No 2) (1980) 3 ALD 38 referred to Re Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham [2000] HCA 1 (2000) 168 ALR 407 applied Australian Sports Drug Agency Act 1990 (Cth) ss 6, 7, 8, 9(1), 11, 14, 15(4), 17G, 54C, 65B Administrative Appeals Tribunal Act 1975 (Cth) s 44(1) Australian Sports Drug Agency Regulations 1999 (Cth) regs 6, 7, 23, 24, 26, 29, 31, 43, 45, 47, 48, 64 Australian Sports Drug Agency Testing (Scheme A) Orders 1999 clauses 59, 61 Acts Interpretation Act 1901 (Cth) s 33(2A) Pearce and Geddes Statutory Interpretation in Australia 5thed. 2001 HEIDI RIORDAN (BY HER NEXT FRIEND RAYMOND GEORGE RIORDAN) v AUSTRALIAN SPORTS DRUG AGENCY (ASDA) V 1060 of 2001 GRAY J 5 JULY 2002 MELBOURNE