Commonwealth of Australia v. Kutlu and Ors
Commonwealth of Australia v. Clarke and Ors
Commonwealth of Australia v. Lee and Ors
Commonwealth of Australia v. Lee and Ors
The Minister of State for Health and Ageing v. Condoleon and Ors
Case No.
S50/2012; S51/2012; S52/2012; S53/2012; S54/2012
Case Information
Lower Court Judgment
28/07/2011 Federal Court of Australia (Rares, Flick & Katzmann JJ)
Catchwords
Administrative law — Jurisdictional error — Statutory construction — Ministerial appointments — De facto officer doctrine — Professional services review scheme — Non-compliance with statutory requirements for consultation before making appointments — Health Insurance Act 1973 (Cth) ("the Act") provides that Minister must consult with and be advised by Australian Medical Association ("AMA") before appointing medical practitioner as a Deputy Director or member of the Professional Services Review ("PSR") Panel — Appointments made without consulting the AMA — Impugned appointees members of PSR Committees that subsequently made adverse findings against the five respondent medical practitioners — Challenge to validity of PSR Committees — Full Court of the Federal Court of Australia held the PSR Panel appointments and composition of PSR Committees including the appointees invalid — Findings by invalidly constituted PSR Committees of no legal effect — Whether an appointment to the PSR Panel under s 84(2) of the Act is invalid if there is a breach of the requirement in s 84(3) that the Minister consult the AMA before making the appointment — Whether an appointment of a Deputy Director under s 85(1) of the Act is invalid if there is a breach of the requirement in s 85(3) that the Minister consult the AMA before making the appointment — Whether the failure of the Minister to consult with the AMA before making an appointment to the PSR Panel results in the invalid constitution of any PSR Committee whose constitution includes such appointees — Whether the failure of the Minister to consult with the AMA before making an appointment to the PSR Panel results in the invalidity of the draft and final reports of a PSR Committee whose constitution includes such appointees — Whether de facto officer doctrine applicable to remedy decisions involving impugned appointees.
Documents
10/02/2012 Hearing (SLA, Sydney)
23/02/2012 Notice of appeal
09/03/2012 Written submissions (Appellant)
09/03/2012 Chronology (Kutlu)
09/03/2012 Chronology (Clarke)
09/03/2012 Chronology (Lee S52/2012)
09/03/2012 Chronology (Lee S53/2012)
09/03/2012 Chronology (Condoleon)
16/03/2012 Written submissions (Attorney-General for the State of Western Australia seeking leave to intervene)
30/03/2012 Written submissions (First Respondent)
10/04/2012 Reply
18/05/2012 Notice of Discontinuance (all matters)
29/05/2012 Hearing (vacated)