Crowley v Holmes [2003] FCAFC 189

FEDERAL COURT OF AUSTRALIA

Crowley v Holmes [2003] FCAFC 189

ADMINISTRATIVE LAW – where medical practitioner – where investigative referral made by Health Insurance Commission – where adjudicative referral made to Professional Services Review Committee – where additional material forwarded in referral – whether inappropriate practice – whether committee could perform function with additional material – whether referral should have contained additional material – whether possession of additional material creates perception of bias. Health Insurance Act 1973 (Cth) ss 82, 86, 86(2), 86(4)(a), 93, 93(3), 93(4), 93(6), 95, 96, 106, 106H, 106KA, 106N Health Insurance (Professional Services Review) Regulations 1999 (Cth) regs 10, 11 Health Insurance (Professional Services Review - Content and Form of Adjudicative Referrals) Guidelines 1999 pars 4, 4(2) Holmes v Mercado (2000) 111 FCR 160 approved S v The Queen (1989) 168 CLR 266 cited B v The Queen (1992) 175 CLR 599 cited Project Blue Sky Inc & Ors v Australian Broadcasting Authority (1998) 194 CLR 355 applied Livesey v The New South Wales Bar Association (1983) 151 CLR 288 considered PAUL DAVID CROWLEY v ALAN JOHN HOLMES (in his capacity as the Director of Professional Services Review), GEOFFREY HIRST, STEPHEN PHILLIPS, DAVID ROSENTHAL AND HEALTH INSURANCE COMMISSION V 30 OF 2003 MADGWICK, FINKELSTEIN AND DOWSETT JJ MELBOURNE 21 AUGUST 2003

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 30 OF 2003

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: PAUL DAVID CROWLEY

APPELLANT

AND: ALAN JOHN HOLMES (in his capacity as the Director of Professional Services Review)

FIRST RESPONDENT

GEOFFREY HIRST

SECOND RESPONDENT

STEPHEN PHILLIPS