Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Raiz v Director of Professional Services Review [2024] FCAFC 91 Appeal from: Raiz v Director of Professional Services Review (No 2) [2023] FCA 1293
File number(s): QUD 522 of 2023
Judgment of: GOODMAN, O'SULLIVAN AND MCELWAINE JJ
Date of judgment: 5 July 2024
Catchwords: ADMINISTRATIVE LAW- appeal from primary judge who dismissed judicial review application concerning appointment of a Professional Services Review Committee to investigate potential inappropriate conduct under Part VAA of the Health Insurance Act 1973 (Cth) whether appellant's submissions were considered by the Director before deciding to establish the Committee- appellant failed to discharge burden of establishing that submissions were not considered. ADMINISTRATIVE LAW- where Committee conducted hearings when the Chairperson was absent for three days- statutory requirement for a quorum at meetings of a committee- whether quorum requirement extends to hearings- held Committee not lawfully constituted- appellant not barred from seeking relief by reason of delay- appeal allowed
Legislation: Health Insurance Act 1973 (Cth) ss 79A, 80, 82, 82A, 83, 84, 85, 86, 88A, 89B, 89C, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 101, 102, 103, 103A, 104, 105, 105A, 105AA, 106, 106A, 106B, 106D, 106E, 106EA, 106F, 106G, 106KD, 106L Local Government Act 1962 (Tas)
Cases cited: Bechara v Bates (2021) 286 FCR 166 Boensch v Pascoe [2019] HCA 49; (2019) 268 CLR 593 EVW20 as litigation representative for AFF20 v Minister for Home Affairs (No 3) [2023] FCA 866 G J Coles & Co Ltd v Retail Trade Industrial Tribunal (1987) 7 NSWLR 503 Green v R (1891) 17 VLR 329 Hedges v Australasian Conference Association Ltd [2003] NSWSC 1107 Lee v Lee (2019) 266 CLR 129 McGinty v Medical Council of Tasmania [2009] TASSC 31 Minister for Home Affairs v Buadromo [2018] FCAFC 151; (2018) 267 FCR 320 Minister for Immigration and Border Protection v SZMTA (2018) 264 CLR 421 Minister for Immigration, Citizenship and Multicultural Affairs v McQueen [2024] HCA 11 Minister for Immigration, Citizenship and Multicultural Affairs v McQueen (2022) 292 FCR 595 Municipality of St Leonards v Williams (1966) Tas SR 166 Plaintiff M1 of 2021 v Minister for Home Affairs [2022] HCA 17; (2022) 275 CLR 582 Raiz v Director of Professional Services Review (No 2) [2023] FCA 1293 Raiz v Director of Professional Services Review [2023] FCA 771 Re Municipal Commission of Tasmania (1968) 16 LGRA 211 Water Board v Moustakas (1988) 180 CLR 491 Whisprun Pty Ltd v Dixon (2003) 77 ALJR 1598 Yoong v Chief Executive, Medicare [2021] FCA 701; (2021) 177 ALD 48
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