Australian Vaccination Network Inc v Health Care Complaints Commission [2012] NSWSC 110

Supreme Court New South Wales

Medium Neutral Citation: Australian Vaccination Network Inc v Health Care Complaints Commission [2012] NSWSC 110 Hearing dates: 22 February 2012 Decision date: 24 February 2012 Jurisdiction: Common Law Before: Adamson J Decision: (1) Declare that by reason of the circumstance that neither the McLeod complaint nor the McCaffery complaint was a complaint under the Health Care Complaints Act 1993, the HCCC's investigation into these complaints, the recommendation contained in the Investigation Report and the Public Warning issued by the HCCC in respect of the plaintiff were not within the jurisdiction of the HCCC. (2) Unless an application for a different order is made within seven days of the date of this order, order the HCCC to pay the plaintiff's costs of the proceedings. Catchwords: ADMINISTRATIVE LAW - statutory construction - whether investigation conducted and warning issued by the Health Care Complaints Commission was ultra vires - construction of the Health Care Complaints Act 1993 - meaning of "complaint" - meaning of "affects" - whether an individual client's care has actually been affected - jurisdictional fact - entitlement to certiorari - whether a discernible legal right affected Legislation Cited: - Health Care Complaints Act 1993 - Charitable Fund Raising Act 1991 - Trade Practice Act 1974 (Cth) - Australian Consumer Law - Gaming Machine Act 1991 (Qld) Cases Cited: - Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 - Awad v Health Care Complaints Commission [2006] NSWSC 698 - Chase Oyster Bar Pty Limited v Hamo Industries Pty Limited (2010) 78 NSWLR 393 - Corporation of the City of Enfield v Development Assessment Commission (1999) 199 CLR 135 - Gedeon v NSW Crime Commission (2008) 236 CLR 120 - Hot Holdings Pty Limited v Creasy (1996) 185 CLR 149 - Lockwood v Commonwealth (1954) 90 CLR 177 - Project Blue Sky Inc. v Australian Broadcasting Authority (1998) 194 CLR 355 - Shanks v Shanks (1945) 65 CLR 334 - Taco Company of Australia Inc v Taco Bell Pty Ltd (1982) 42 ALR 177 - Tuch v South Eastern Sydney and Illawarra Area Health Service [2009] NSWSC 1207 - VAW (Kurri Kurri) Pty Limited v Scientific Committee (established under s 127 of the Threatened Species Conservation Act 1995) [2003] NSWCA 297 - Yrttiaho v Public Curator (Queensland) (1971) 125 CLR 228 Category: Principal judgment Parties: Australian Vaccination Network Inc - Plaintiff Health Care Complaints Commission - Defendant Representation: A J Abadee - Plaintiff N G Sharp - Defendant Hinterland Legal - Plaintiff Crown Solicitor - Defendant File Number(s): 2011/00098303