Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Willcock v Do [2008] FCAFC 15
ADMINISTRATIVE LAW – where investigation by Professional Services Review Committees found inappropriate practice in relation to number of services rendered or initiated by medical practitioners – whether exceptional circumstances under s 106KA(2) of the Health Insurance Act 1973 (Cth) – whether Committees erred in failing to address reg 11(a) of the Health Insurance (Professional Services Review) Regulations 1999 (Cth) – whether practice management considerations relevant
Health Insurance Act 1973 (Cth) s 106KA Health Insurance (Professional Services Review) Regulations 1999 (Cth)regs 11(a), 11(b)
Lee v Kelly [2005] FCAFC 197 cited
Oreb v Willcock (2005) 146 FCR 237 cited The Queen v Australian Broadcasting Tribunal; Ex Parte Hardiman (1980) 144 CLR cited SIMON WILLCOCK, GEORGE PEPONIS AND ROD MCMAHON (IN THEIR CAPACITY AS PROFESSIONAL SERVICES REVIEW COMMITTEE NO 293) & ORS v HIEN THANH DO NSD 657 OF 2007 WAL GRIGOR, HEATHER KNOX AND PHILLIP KNOWLES (IN THEIR CAPACITY AS PROFESSIONAL SERVICES REVIEW COMMITTEE NO 295) & ORS v HUGO HUU HIEP HO NSD 658 OF 2007
MANSFIELD, EMMETT AND MIDDLETON JJ
29 FEBRUARY 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 657 OF 2007
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: SIMON WILLCOCK, GEORGE PEPONIS AND ROD MCMAHON (IN THEIR CAPACITY AS PROFESSIONAL SERVICES REVIEW COMMITTEE NO 293)
First Appellant
THE DETERMINING AUTHORITY ESTABLISHED BY S 106Q OF THE HEALTH INSURANCE ACT 1973 (CTH)
Second Appellant
HEALTH INSURANCE COMMISSION
Third Appellant
BERNARD RAYMOND KELLY (IN HIS CAPACITY AS ACTING DIRECTOR OF PROFESSIONAL SERVICES REVIEW)
Fourth Appellant
ALAN JOHN HOLMES (IN HIS CAPACITY AS DIRECTOR OF PROFESSIONAL SERVICES REVIEW)
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