Freeman v Health Insurance Commission [2004] FCAFC 335

FEDERAL COURT OF AUSTRALIA

Freeman v Health Insurance Commission [2004] FCAFC 335 HEALTH LAW – medical practitioner – Professional Services Review Scheme under Part VAA of the Health Insurance Act 1973 (Cth) – investigative referral made by delegate of Health Insurance Commission to Director of Professional Services Review – adjudicative referral made by Director of Professional Services Review to Professional Services Review Committee – finding by Professional Services Review Committee that general practitioner engaged in inappropriate practice – directions made by Determining Authority including repayment of Medicare benefits received in relation to services identified – whether investigative referral to the Director of Professional Services Review was invalid – whether investigative referral sufficiently specified the conduct referred – whether referral is invalid where conduct not sufficiently specified – whether appellant ought to have been given opportunity by the Determining Authority to present submission concerning 'exceptional circumstances' where that case was not presented by the appellant before the Health Insurance Commission – where appellant not aware that Determining Authority might make directions which went beyond the recommendations of the Health Insurance Commission – powers of the Determining Authority – whether there is denial of procedural fairness resulting in a breach of natural justice where decision-maker not responsible for the unfairness

Statutes Administrative Decisions (Judicial Review) Act 1977 (Cth)s 5(1)(b) Health Insurance Act 1973 (Cth) ss 80(1), 86(1), 81, 86(2), 86(4), 87, 88, 86(4A), 89, 89(1), 91, 93(1), 93A, 101(2), 102, 106KD(1), 106KD(3), 106L(1), 106L(4), 82(1), 106KA(3), 106KA(1), 106KA(2), 106KA(5), 106KA(7), 106T(1), 106TA, 106U, 106V(1), 106U(1)(ca), 82, 86(4)(b), 106KA, 93(6), 94(3), 106T, 106U(1) Health Legislation (Professional Services Review) Amendment Act 1994 (Cth)