Right to Life Association (NSW) Inc v Secretary Department of Human Services & Health & Anor [1995] FCA 33

Right to Life Association (NSW) Inc v Secretary Department of Human Services & Health & Anor [1995] FCA 33

The association lacked standing as a 'person aggrieved' under the ADJR Act because its interest was not greater than that of the ordinary public and was not sufficiently related to the statutory objectives of the Therapeutic Goods Act. The Secretary's refusal was a reviewable 'decision' under the ADJR Act, but there was no positive obligation on the Secretary to investigate possible breaches of State criminal law under the Regulations.

Parties
Appellant: Right to Life Association (NSW) Inc; First Respondent: Secretary, Department of Human Services & Health; Second Respondent: Family Planning Inc (Vic)
Jurisdiction
Australia
Judgment Date
10 February 1995
Procedural Posture
Appeal / Appeal From Orders Made by a Federal Court Judge, Final Determination of Preliminary Questions of Law
Outcome
Appeal dismissed; cross-appeal dismissed; leave granted for cross-appeal
Legal Topics
Standing, Judicial Review, Therapeutic Goods Regulation, Public Interest, Clinical Trials, Statutory Interpretation
Administrative Law Standing Judicial Review Therapeutic Goods Regulation Public Interest Clinical Trials Statutory Interpretation

Case Brief

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Parties

Right to Life Association (NSW) Inc

Appellant

Secretary, Department of Human Services & Health

First Respondent

Family Planning Inc (Vic)

Second Respondent

Procedural Posture

Appeal / Appeal From Orders Made by a Federal Court Judge, Final Determination of Preliminary Questions of Law

Legal Issues

  1. 1 Whether the Secretary's refusal to stop clinical trials was a 'decision' within the meaning of s 5 ADJR Act
  2. 2 Whether the appellant was a 'person aggrieved' with standing under the ADJR Act
  3. 3 Whether there is a positive duty on the Secretary under Therapeutic Goods Regulations to investigate breaches of State criminal law

Ratio Decidendi

The association lacked standing as a 'person aggrieved' under the ADJR Act because its interest was not greater than that of the ordinary public and was not sufficiently related to the statutory objectives of the Therapeutic Goods Act. The Secretary's refusal was a reviewable 'decision' under the ADJR Act, but there was no positive obligation on the Secretary to investigate possible breaches of State criminal law under the Regulations.

Court Disposition

Appeal dismissed; cross-appeal dismissed; leave granted for cross-appeal

Orders

  • Leave granted to first respondent to file cross-appeal by 2 December 1994
  • Appeal dismissed