Right To Life Association (NSW) Inc. v. The Secretary of the Commonwealth Department of Human Services & Health & Anor [1994] FCA 687

Right To Life Association (NSW) Inc. v. The Secretary of the Commonwealth Department of Human Services & Health & Anor [1994] FCA 687

The applicant does not have standing as a 'person aggrieved' under the Administrative Decisions (Judicial Review) Act 1977, as its interest in the impugned decision does not rise above an ordinary member of the public—based only on moral and ethical concern, not a relevant public interest under the Act. The status as an incorporated association with relevant objects does not confer standing.

Parties
Applicant: Right to Life Association (NSW) Inc.; First Respondent: Secretary, Commonwealth Department of Human Services & Health; Second Respondent: Family Planning Victoria Inc.
Jurisdiction
Australia
Judgment Date
23 September 1994
Procedural Posture
Judicial Review / Determination of Preliminary Questions Regarding Standing
Outcome
Application for judicial review dismissed on the ground of lack of standing.
Legal Topics
Standing, Judicial Review, Person Aggrieved, Therapeutic Goods Regulation
Administrative Law Standing Judicial Review Person Aggrieved Therapeutic Goods Regulation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 19 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Right to Life Association (NSW) Inc.

Applicant

Secretary, Commonwealth Department of Human Services & Health

First Respondent

Family Planning Victoria Inc.

Second Respondent

Procedural Posture

Judicial Review / Determination of Preliminary Questions Regarding Standing

Legal Issues

  1. 1 Is the applicant a 'person aggrieved' within the meaning of the Administrative Decisions (Judicial Review) Act 1977 to challenge a decision not to stop clinical trials of therapeutic goods?

Ratio Decidendi

The applicant does not have standing as a 'person aggrieved' under the Administrative Decisions (Judicial Review) Act 1977, as its interest in the impugned decision does not rise above an ordinary member of the public—based only on moral and ethical concern, not a relevant public interest under the Act. The status as an incorporated association with relevant objects does not confer standing.

Court Disposition

Application for judicial review dismissed on the ground of lack of standing.

Orders

  • The applicant is not a 'person aggrieved' within the meaning of the Administrative Decisions (Judicial Review) Act 1977.