[1982] VR 279
R v HIS HONOUR JUDGE RENDIT EX PARTE THE HEALTH COMMISSION OF VICTORIA
SUPREME COURT OF VICTORIA FULL COURT
STARKE, ACJ, CROCKETT and MACGARVIE, JJ
17, 18, 26 June 1981
[1982] VR 279
Administrative law — Health Commission — Refusal by Health Commission to
approve private hospital — Review of refusal by County Court judge — Nature
and scope of Review — Whether review a rehearing de novo — Health Act 1958
(No. 6270), s182 and s387.
.
S182 of the Health Act 1958 provides that the Health Commission may approve or
disapprove of plans and specifications submitted to it for the building of a
private hospital. S182(4) provides that:
"Where in the opinion of the Commission the proposed works would be likely to
increase the facilities for patient care in a locality beyond the needs of
that locality, the Commission shall not approve the plans and specifications
for the proposed works."
S387 of the Act provides that an applicant whose application is refused may
obtain an order from a judge of the County Court calling upon the Commission
to show cause before a judge nominated by the chairman of judges of the County
Court why the approval to the application is withheld. S387(2) provides
that:--
"After hearing the Commission...or in its absence if it does not appear the
judge so nominated shall hear and determine the matter and may make such order
in the premises as he thinks just; and his decision shall be final and binding
upon the parties."
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[1982] VR 279
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