Broadbent v Medical Board of Queensland [2011] FCA 980

FEDERAL COURT OF AUSTRALIA

Broadbent v Medical Board of Queensland [2011] FCA 980 Citation: Broadbent v Medical Board of Queensland [2011] FCA 980

Parties: MICHAEL RUSSELL MARK BROADBENT v MEDICAL BOARD OF QUEENSLAND

File number(s): QUD 1 of 2011

Judge: GREENWOOD J

Date of judgment: 25 August 2011

Catchwords: HIGH COURT AND FEDERAL COURT – consideration of whether an application for review of decisions made or steps taken by the Medical Board of Queensland are susceptible of review as an exercise of jurisdiction of the Federal Court of Australia – consideration of whether a remedy sought in relation to a decision of the Queensland Civil and Administrative Tribunal (QCAT) engages the jurisdiction of the Federal Court – consideration of all contended grounds of jurisdiction – consideration of whether the adoption of a model law by a host jurisdiction with the adoption of that model law by all participating jurisdictions in accordance with an inter-governmental agreement between the Commonwealth and the States and Territories gives rise to a ground of jurisdiction for the determination of a matter before the Federal Court of Australia – consideration of whether the application reflects a matter arising under a Commonwealth Act PRACTICE AND PROCEDURE – consideration of whether the application falls within the jurisdiction of the Federal Court of Australia – consideration of whether a cooperative application of laws national scheme adopted by participating jurisdictions in accordance with resolutions made by the Council of Australian Governments (COAG) gives rise to a federal element ADMINISTRATIVE LAW – consideration of whether an application for review of conduct, steps or decisions made by the Medical Board of Queensland invokes a ground of jurisdiction in the Federal Court of Australia – consideration of the nature of a cooperative application of laws national scheme adopted by participating jurisdictions in accordance with resolutions of the Council of Australian Governments and whether that scheme gives rise to any federal element for determination – consideration of whether the application involves a matter arising under a Commonwealth Act – consideration of the national scheme for accreditation and registration of health workers adopted as a schedule to Queensland legislation as host jurisdiction and then adopted by the States and Territories by an application of laws process – consideration of whether the application gives rise to a question falling within the scope of the Administrative Decisions (Judicial) Review Act 1977 (Cth) HEALTH LAW - consideration of whether an application for review of conduct, steps or decisions made by the Medical Board of Queensland invokes a ground of jurisdiction in the Federal Court of Australia – consideration of the nature of a cooperative application of laws national scheme adopted by participating jurisdictions in accordance with resolutions of the Council of Australian Governments and whether that scheme gives rise to any federal element for determination – consideration of whether the application involves a matter arising under a Commonwealth Act – consideration of the national scheme for accreditation and registration of health workers adopted as a schedule to Queensland legislation as host jurisdiction and then adopted by the States and Territories by an application of laws process – consideration of whether the application gives rise to a question falling within the scope of the Administrative Decisions (Judicial) Review Act 1977 (Cth)