Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lee v Kelly [2005] FCAFC 197
ADMINISTRATIVE LAW – Health insurance – Investigation by Professional Services Review Committee as to whether a medical practitioner has engaged in inappropriate practice in relation to the number of services rendered or initiated by him – Meaning of 'exceptional circumstances' – Whether matter should be remitted to a different Committee. Health Insurance Act 1973 (Cth) s 106KA(2) Health Insurance (Professional Services Review) Regulations 1999 (Cth) regs 10, 11 Oreb v Willcock [2005] FCAFC 196 Lee v Kelly [2005] FCA 26
IL SONG LEE v BERNARD KELLY, ELIZABETH MAGASSY and VAN PHUOC VO constituting the Professional Services Review Committee No 348, THE DETERMINING AUTHORITY established by section 106Q of the Health Insurance Act 1973 (Cth), HEALTH INSURANCE COMMISSION, ALAN JOHN HOLMES in his capacity as Director, Professional Services Review NSD 304 of 2005 BLACK CJ, WILCOX and LANDER JJ 16 SEPTEMBER 2005 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 304 of 2005
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: IL SONG LEE
APPELLANT
AND: BERNARD KELLY, ELIZABETH MAGASSY and VAN PHUOC VO constituting the Professional Services Review Committee No 348
FIRST RESPONDENTS
THE DETERMINING AUTHORITY
established by section 106Q of the Health Insurance Act 1973 (Cth)
SECOND RESPONDENT
HEALTH INSURANCE COMMISSION
THIRD RESPONDENT
ALAN JOHN HOLMES in his capacity as Director,
Professional Services Review
FOURTH RESPONDENT
JUDGES: BLACK CJ, WILCOX AND LANDER JJ
DATE OF ORDER: 16 SEPTEMBER 2005
WHERE MADE: SYDNEY
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