Aged Care Quality and Safety Commissioner v Double Bay Aged Care Pty Ltd [2024] FCA 242

Federal Court of Australia

Aged Care Quality and Safety Commissioner v Double Bay Aged Care Pty Ltd [2024] FCA 242 File number(s): NSD 951 of 2023

Judgment of: RAPER J

Date of judgment: 15 March 2024

Catchwords: ADMINISTRATIVE LAW – application under s 39B(1) of the Judiciary Act 1903 (Cth) for writs of certiorari quashing the decision of the Administrative Appeals Tribunal and mandamus requiring the Tribunal to determine the first respondent's application for review according to law – whether the Tribunal misconstrued its power under s 43(1)(c)(ii) of the Administrative Appeals Tribunal Act 1975 (Cth) and ss 74L(2) and 63D of the Aged Care Quality and Safety Commission Act 2018 (Cth) – application allowed

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 43, 43(1), 43(1)(a), 43(1)(c)(ii), Aged Care Quality and Safety Commission Act 2018 (Cth) ss 8D, 63B, 63D, 63D(2)(b), 63D(2)(c), 63D(3), 63D(3)(ea), 63D(3)(be), 63D(4), 63D(7), 63D(8), 64D, 74K, 74L, 74L(2) Aged Care and Other Legislation Amendment (Royal Commission Response) Act 2022 (Cth) s 2, pt 1 sch 5 Judiciary Act 1903 (Cth) s 39B

Cases cited: Frugtniet v ASIC [2019] HCA 16; 266 CLR 250 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v ZRTY [2022] FCA 1529 Re Minister for Immigration and Multicultural Affairs; Ex parte Miah [2001] HCA 22; 206 CLR 57 Minister for Immigration & Multicultural Affairs v Perth City Mission [2000] FCA 397 Shi v Migration Agents Registration Authority [2008] HCA 31; 235 CLR 286