G & M Nicholas Pty Limited and Others v Minster for Finance and Deregulation [2009] FCA 121

G & M Nicholas Pty Limited and Others v Minster for Finance and Deregulation [2009] FCA 121

The rules of natural justice applied to the Finance Minister's decision under s 33 because the decision affected the applicants' interests and the statute did not exclude procedural fairness. The Finance Minister relied on the Issues paper containing a summary of the Question Time Brief, which concerned matters central to the applicants' complaint about the Health Minister's conduct and was credible, relevant and significant. The applicants had repeatedly requested the material to be relied on, but the summary was not provided to them and they had no opportunity to respond. This was a breach of natural justice requiring the decision to be set aside and remitted. The Court rejected the...

Jurisdiction
Australia
Judgment Date
20 February 2009
Procedural Posture
Application for an Order of Review of a Decision Declining to Approve an Act of Grace Payment Under S 33 of the Financial Management and Accountability Act 1997 (cth), Brought Under S 39 B of the Judiciary Act 1903 (cth) and S 5 of the Administrative Decisions (judicial Review) Act 1977 (cth) / Final Judgment
Outcome
Application allowed on the procedural fairness ground; decision set aside and matter remitted for re-determination.
Legal Topics
['procedural Fairness' 'natural Justice' 'act of Grace Payments' 'judicial Review' 'failure to Consider Claims' 'parliamentary Privilege']
['administrative Law'] ['procedural Fairness' 'natural Justice' 'act of Grace Payments' 'judicial Review' 'failure to Consider Claims' 'parliamentary Privilege']

Case Brief

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Procedural Posture

Application for an Order of Review of a Decision Declining to Approve an Act of Grace Payment Under S 33 of the Financial Management and Accountability Act 1997 (cth), Brought Under S 39 B of the Judiciary Act 1903 (cth) and S 5 of the Administrative Decisions (judicial Review) Act 1977 (cth) / Final Judgment

Legal Issues

  1. 1 ["Whether the rules of natural justice applied to the Finance Minister's exercise of power under s 33 of the Financial Management and Accountability Act 1997 (Cth)." 'Whether the Finance Minister breached procedural fairness by failing to provide the applicants with the Issues paper containing a summary of the Question Time Brief before making the decision.' "Whether the Finance Minister failed to consider the totality of the applicants' claims, including the Health Minister's letter to the New South Wales Health Minister and the direction that medical practitioners be contacted." 'Whether the Finance Minister erred by assuming that an act of grace payment could infringe Parliamentary Privilege.']

Ratio Decidendi

The rules of natural justice applied to the Finance Minister's decision under s 33 because the decision affected the applicants' interests and the statute did not exclude procedural fairness. The Finance Minister relied on the Issues paper containing a summary of the Question Time Brief, which concerned matters central to the applicants' complaint about the Health Minister's conduct and was credible, relevant and significant. The applicants had repeatedly requested the material to be relied on, but the summary was not provided to them and they had no opportunity to respond. This was a breach of natural justice requiring the decision to be set aside and remitted. The Court rejected the...

Court Disposition

Application allowed on the procedural fairness ground; decision set aside and matter remitted for re-determination.

Orders

  • ['The decision of the Respondent made on or about 21 December 2007 and contained in his Reasons for Decision dated 4 February 2008 be set aside and the matter be remitted to the Respondent for re-determination.' 'The Respondent pay the costs of the Applicants.']