Jadwan Pty Ltd v Secretary, Commonwealth Department of Health & Aged Care [2002] FCA 1052

FEDERAL COURT OF AUSTRALIA

Jadwan Pty Ltd v Secretary, Commonwealth Department of Health & Aged Care [2002] FCA 1052 ADMINISTRATIVE LAW – application for declaratory relief – approval of nursing home under National Health Act 1953 (Cth) revoked by Minister for Health & Aged Care – nursing home patients removed pursuant to Minister's decision – whether orders setting aside Minister's decision operated from the date of the decision or the date of the orders – status of applicant under the Aged Care Act 1997 (Cth) – operation of transitional provisions in Aged Care (Consequential Provisions) Act 1997 (Cth) – whether the transitional provisions required a Commonwealth benefit to be payable in fact or payable in law – whether removal of nursing home patients unlawful – whether lapse of applicant's status as approved provider is a reason to refuse relief. Judiciary Act 1903 (Cth), s 39B(1)(c) National Health Act 1953 (Cth), ss 4, 40AA, 44, 45D, 45E, 46A, 47A Aged Care Act 1997 (Cth) ss 1-2, 7-1, 8-2(1), 10-2(1), (3), (4), 11-1, 13-1, 14-1, 42-1 Aged Care (Consequential Provisions) Act 1997 (Cth) ss 7(1)(a), 20(1)(a) Administrative Decisions (Judicial Review) Act 1977 (Cth), s 5(1)(b), 16(1)(a), (c) National Health Regulations 1954 (Cth) Jadwan v Minister for Health and Family Services [1998] FCA 715, referred to Minister for Health and Family Services v Jadwan Pty Ltd (1998) 89 FCR 478, considered Wattmaster Alco Pty Ltd v Button (1986) 13 FCR 253, followed JADWAN PTY LTD v SECRETARY OF THE COMMONWEALTH DEPARTMENT OF HEALTH AND AGED CARE (FORMERLY THE COMMONWEALTH DEPARTMENT OF HEALTH AND FAMILY SERVICES) and MINISTER FOR HEALTH AND AGED CARE (FORMERLY MINISTER FOR HEALTH AND FAMILY SERVICES) V 178 OF 2001 NORTH J 23 AUGUST 2002 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 178 OF 2001