Flaherty v Secretary, Department of Health and Ageing [2010] FCA 63

FEDERAL COURT OF AUSTRALIA

Flaherty v Secretary, Department of Health and Ageing [2010] FCA 63 Citation: Flaherty v Secretary, Department of Health and Ageing [2010] FCA 63

Parties: TIMOTHY JOHN FLAHERTY v THE SECRETARY, DEPARTMENT OF HEALTH AND AGEING, THE AUSTRALIAN COMMUNITY PHARMACY AUTHORITY and MARGARET HINDE

File number(s): NSD 737 of 2009

Judge: MOORE J

Date of judgment: 12 February 2010

Catchwords: ADMINISTRATIVE LAW - whether the delegate's power to cancel the pharmacist's approval to supply pharmaceutical benefits under s 98(3) of the National Health Act 1953 (Cth) was exercised - nature of the statutory regime - whether there was procedural fairness – whether jurisdictional error – distinction between matter which might constitute irrelevant or relevant consideration and factual matters - relevance of s 33(3) of the Acts Interpretation Act 1901.

Legislation: Acts Interpretation Act 1901 (Cth) ss 3(3), 33(3) Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5, 6 Medicare Australia Act 1973 (Cth) ss 5(1)(d), 98 National Health Act 1953 (Cth) ss 84, 85, 90, 98(3), 99K, 99L, 100, 100AA Pharmacy Act 1964 (NSW) Medicare Australia (Functions of Chief Executive Officer) Direction 2005 s 20

Cases cited: Laurence v Chief of Navy (2004) 139 FCR 555 Minister for Immigration and Multicultural Affairs v Bhardwaj (2002) 209 CLR 597 Re Refugee Review Tribunal; ex parte Aala (2000) 204 CLR 82 Nicholson-Brown v Jennings (2007) 162 FCR 337 Semunigus v Minister for Immigration and Multicultural Affairs (2000) 96 FCR 533 Shaffer v Secretary, Department of Health and Aged Care (2002) 124 FCR 234 Walsh v Department of Employment, Education, Training and Youth Affairs (1998) 51 ALD 690 White v Designated Manager of IP Australia (No 2) (2008) 171 FCR 15