Byron Aged Care Limited v Aged Care Quality and Safety Commissioner [2022] FCA 1060

Federal Court of Australia

Byron Aged Care Limited v Aged Care Quality and Safety Commissioner [2022] FCA 1060 File number: NSD 365 of 2021

Judgment of: PERRY J

Date of judgment: 9 September 2022

Catchwords: ADMINISTRATIVE LAW – where applicant charged resident suffering dementia and exhibiting violent behaviours for provision of special nurse and security guard – where notice of intention under s 20, Aged Care Quality and Safety Commission Rules 2018 (Cth) (Commission Rules), to give directions has been given to applicant by a delegate of the Aged Care Quality and Safety Commissioner (Commissioner) stating preliminary view that applicant had not met its responsibilities under the Aged Care Act in so charging and invites comment – where no decision yet made by delegate on whether to issue directions under s 19, Commission Rules – where applicant seeks declarations under s 16(2), Administrative Decisions (Judicial Review) Act 1997 (Cth) (ADJR Act) that the provision of nurse and security guard for aged care resident is not "care" under the Quality of Care Principles 2014 (Cth) and prohibition prohibiting the Commissioner from continuing to investigate – consideration of principles governing grant of declaratory relief and prohibition – where grant of prohibition would be pointless – where application invites Court to engage in merits review – where application effectively seeks advisory opinion – where in any event adequate provision is made for merits review under the Commission Rules and declaratory relief should be refused under s 10(2)(b)(ii), ADJR Act – application dismissed

Legislation: Constitution s 75(v) Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 10, 16 Aged Care Act 1997 (Cth) ss 41-3, 52F-3, 52J-7, 52N-1, 54-1, 54-2, 56-1, 56-2, 56-3, 96-1, 96-5, sch 1 Aged Care Quality and Safety Commission Act 2018 (Cth) ss 16, 18, 21, 77 Evidence Act 1995 (Cth) s 191 Federal Court of Australia Act 1976 (Cth) s 21 Judiciary Act 1903 (Cth) s 39B Aged Care Quality and Safety Commission Rules 2018 (Cth) ss 11, 13, 14, 15, 16, 17, 19, 20, 21, 98, 99, 100 Federal Court Rules 2011 (Cth) r 31.05 Quality of Care Principles 2014 (Cth) ss 6, 7, sch 1 (items 2.1, 2.9) User Rights Principles 2014 (Cth) ss 15(5), (6)