Tonakie v Director of Professional Services Review [2024] FCAFC 60

Federal Court of Australia Tonakie v Director of Professional Services Review [2024] FCAFC 60 Appeal from: Tonakie v Director of Professional Services Review [2023] FCA 1365

File number(s): NSD 1465 of 2023

Judgment of: CHARLESWORTH, THAWLEY AND JACKSON JJ

Date of judgment: 24 May 2024

Catchwords: ADMINISTRATIVE LAW – where referral made within 12 months by Director of Professional Services Review under s 93(1) of the Health Insurance Act 1973 (Cth) to an invalidly constituted Committee to investigate whether the appellant engaged in inappropriate practice – where referral set aside by consent – whether Director had "referred the provision of one or more of the services to a Committee" within the meaning of s 94(1)(b)(iii) so as to disengage the deeming otherwise effected by s 94(1)(b) that the Director had decided to take no further action – held that Director had "referred the provision of one or more of the services to a Committee" such that statutory deeming was not engaged – appeal dismissed.

Legislation: Health Insurance Act 1973 (Cth) Health Insurance Amendment (Professional Services Review Scheme No 2) Act 2023 (Cth)

Cases cited: Amir v Director of Professional Services Review [2022] FCAFC 44; 290 FCR 355 CTC Resources NL v Commissioner of Taxation [1994] FCA 76; 48 FCR 397 Deputy Commissioner of Taxation (NSW) v Mutton (1988) 12 NSWLR 104 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; 264 CLR 123 Jadwan Pty Ltd v Secretary, Department of Health & Aged Care [2003] FCAFC 288; 145 FCR 1 Kutlu v Director of Professional Services Review [2011] FCAFC 94; 197 FCR 177 Minister for Immigration and Multicultural Affairs v Bhardwaj [2002] HCA 11; 209 CLR 597 National Home Doctor Service Pty Ltd v Director of Professional Services Review [2020] FCA 1016; 276 FCR 382 New South Wales v Kable [2013] HCA 26; 252 CLR 118 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; 194 CLR 355 R v Kelly [2004] HCA 12; 218 CLR 216 Stanley v Director of Public Prosecutions (DPP) (NSW) [2023] HCA 3; 97 ALJR 107 Tonakie v Director of Professional Services Review [2023] FCA 1365