Gribbles Pathology (Vic) Pty Ltd v Cassidy [2002] FCA 859

FEDERAL COURT OF AUSTRALIA

Gribbles Pathology (Vic) Pty Ltd v Cassidy [2002] FCA 859

ADMINISTRATIVE LAW – judicial review – approved pathology authority alleged to have breached undertaking given to Minister – referral of allegation by Minister to Medicare Participation Review Committee (MPRC) for hearing and determination – adequacy of particulars provided by Minister to applicant in notice given under s 23DL(1) of Health Insurance Act 1973 (Cth) - adequacy of particulars provided by Minister to MPRC in notice given under s 23DL(4)(c) - whether failure to provide adequate particulars renders each notice invalid – whether invalidity of notice prevents MPRC from continuing hearing - allegation that applicant's conduct in providing false answers in application to Minister breached undertaking not to take any action that would constitute a relevant offence – provision of information that is false or misleading in a material particular an offence under s 129(2) – whether Minister can require undertaking which obliges an applicant for approved pathology authority status not to contravene the general criminal law - whether judicial power of the Commonwealth vested in MPRC ––whether continuation of hearing amounts to interference with administration of justice – whether Minister actuated by improper or collateral purpose – whether erroneous construction of undertaking gives rise to jurisdictional error

Health Insurance Act 1973 (Cth) ss 16A(5AA), 23DF, 23DL(1), 23DL(4)(c), 23DL(5), 23DG(3), 124E(3), 124FC and 129(2) and (3) Judiciary Act 1903 (Cth) ss 39B(1) and 39B(1A) Deputy Commissioner of Taxation v Woodhams (2000) 199 CLR 370 at 384 considered Brandy v Human Rights and Equal Opportunity Commission (1995) 183 CLR 245 at 258 and 269 referred to Victoria v Australian Building Construction Employees' and Builders Labourers' Federation (1982) 152 CLR 25 referred to Gouriet v Union of Post Office Workers [1978] AC 435 at 499-500 considered Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 at 576-578 referred to Rees v Crane [1994] 2 AC 173 referred to R v Pharmacy Board of Victoria; Ex parte Broberg (1983) 1 VR 211 applied Johnson v Miller (1937) 59 CLR 467 applied R v Magistrates' Court at Heidelberg; Ex parte Karasiewicz [1976] VR 680 applied R v Solicitors' Disciplinary Tribunal; Ex parte L (a solicitor) [1988] VR 757 applied Kanda v Government of Malaya [1962] AC 322 at 337 considered Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 at 389 applied Tasker v Fullwood [1978] 1 NSWLR 20 at 24 referred to Scurr v Brisbane City Council (1973) 133 CLR 242 at 254-255 referred to Websdale v S & JD Investments Pty Ltd (1991) 24 NSWLR 573 at 577-578 referred to Kleinwort Benson Australia Ltd v Crowl (1988) 165 CLR 71 at 79 referred to Sandvik Australia Pty Ltd v The Commonwealth (1989) 89 ALR 213 at 226 referred to S v The Queen (1989) 168 CLR 266 at 274-275 referred to Peverill v Backstrom (1994) 54 FCR 410 at 436 referred to Bannerman v Mildura Fruit Juices Pty Ltd (1984) 2 FCR 581 at 591 referred to Kelson v Forward (1995) 60 FCR 39 at 64 referred to AB v National Crime Authority (1988) 85 FCR 538 referred to Panagopoulos v Secretary, Department of Veteran Affairs (1995) 60 FCR 524 at 538-539 referred to Federal Commissioner of Taxation v Munro; British Imperial Oil Co Ltd v Federal Commissioner of Taxation (1926) 38 CLR 153 at 175 referred to Re Phillips (1963) 81 WN (Pt 1) (NSW) 179 at 182 referred to R v Federal Court of Bankruptcy; Ex parte Lowenstein (1938) 59 CLR 556 referred to Kingswell v The Queen (1985) 159 CLR 264 referred to Philippine Airlines v Goldair (Aust) Pty Ltd [1990] VR 385 applied Attorney-General (Cth) v Breckler (1999) 197 CLR 83 referred to Hammond v The Commonwealth (1982) 152 CLR 188 referred to Tankey v Adams (2000) 104 FCR 152 applied Aronson and Dyer, Judicial Review of Administrative Action, (2nd ed., 2000) at 409-410 Wade and Forsyth, Administrative Law, (8th ed., 2000) at 229 De Smith, Judicial Review of Administrative Action, (4th ed., 1980) at 197-198