Medical Board of Queensland v Senior Member McCabe of the Administrative Appeals Tribunal [2004] FCA 801

FEDERAL COURT OF AUSTRALIA

Medical Board of Queensland v Senior Member McCabe of the Administrative Appeals Tribunal [2004] FCA 801 ADMINISTRATIVE LAW – appeal from decision of the Administrative Appeals Tribunal – powers of the Tribunal – whether decision of the Tribunal is a nullity because Tribunal had no power to make the decision – where Tribunal granted a stay of a decision by the Medical Board of Queensland to refuse registration of applicant as a specialist in the field of intensive care – whether s23(2) of the Mutual Recognition (Queensland) Act 1992 (Qld) provides a power in the Tribunal to stay a decision by the Board to refuse registration – characterisation of the decision by the Board – whether a person who lodges a notice under s19 of the Act is entitled to deemed registration under s25 regardless of whether there is coincidence between the registration description in the first State and the occupation for which registration is sought in the second State – whether deemed registration ceases under s26(3) of the Act if the Tribunal has made an order under s23(2) of the Act extending the time at which the Board's decision is to take effect Mutual Recognition (Queensland) Act 1992 (Qld) s3; Part 3; s 16(2); Division 2, Part 3; s 19(1); s 20(1); s 19; s 21(1); s 22(3); s 21(4); s 23(1)(c); s 23(2); Division 3, Part 3; s 25(1); s 25(2); s 26; s 26(3); Division 4; Part 3; s 30; s 31; s 29(1); s 34; s 25; s 23 Mutual Recognition Act 1992 (Cth) Medical Practitioners Registration Act 2001 (Qld) Administrative Appeals Tribunal Act 1975 (Cth) s 41(2) Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 Appl MEDICAL BOARD OF QUEENSLAND v SENIOR MEMBER MCCABE OF THE ADMINISTRATIVE APPEALS TRIBUNAL and JAMES WILLIAM RENTON Q100 OF 2004 KIEFEL J 24 JUNE 2004 BRISBANE