Health Insurance Commission v Grey [2002] FCAFC 130

FEDERAL COURT OF AUSTRALIA

Health Insurance Commission v Grey [2002] FCAFC 130

ADMINISTRATIVE LAW – judicial review of conduct of Professional Services Review Committee – medical practitioner – "inappropriate practice" – clinical input – form of referral – jurisdiction of Committee – whether primary Judge erred in holding that Committee be prohibited from proceeding to inquire whether respondent had engaged in "inappropriate practice" on the basis of any conduct other than by failing to provide an appropriate level of medical care – whether primary Judge erred in holding referral not invalid – whether primary Judge erred in holding Pt VAA of Health Insurance Act 1973 (Cth) not invalid on constitutional grounds. WORDS & PHRASES – "inappropriate practice"

Health Insurance Act 1973 (Cth) Adams v Yung (1998) 83 FCR 248 cons Bar Association (NSW) v Evatt (1968) 117 CLR 177 cited Clyne v Bar Association (NSW) (1960) 104 CLR 186 cited Holmes v Mercado [2000] FCA 1848 cons Mercado v Holmes [2000] FCA 620 cons Pradhan v Holmes [2001] FCA 1560 not followed Precision Data Holdings Limited v Wills (1991) 173 CLR 167 cited Re Ranger Uranium Mines Pty Limited; Ex parte Federated Miscellaneous Workers' Union of Australia (1987) 163 CLR 656 cited Retnaraja v Morauta (1999) 93 FCR 397 cons Tankey v Adams (2000) 104 FCR 152 followed Tisdall v Health Insurance Commission [2000] FCA 97 cons

THE HEALTH INSURANCE COMMISSION, ALAN JOHN HOLMES (as Director of Professional Services Review), CHING TSIANG (as Chairperson of Professional Services Review Committee No 126), JOHN GARNER (as a Member of Professional Services Review Committee No 126), BRUCE INGRAM (as a Member of Professional Services Committee No 126) AND LOUISE MORAUTA (as the Determining Officer) V JOHN HOWARD GREY

NO. V 1112 OF 2001

BEAUMONT, SUNDBERG & ALLSOP JJ