Federal Court of Australia
a> CATCHWORDS
Administrative law - Health Insurance Act 1973 - Decision that the applicant should not be recognized as a specialist - Act required regard to be had to a practitioner's qualifications, experience, standing in the profession and nature of practice - decision made by reference to policy that except in special cases recognition not be granted unless applicant had specified higher qualifications - the policy was incompatible with duty to have regard to the considerations specified in
the legislation.
Health Insurance Act 1973, 5.48, 49, 61 and 62
DOROTHY JEAN OLIVER v. J.E.D. GOLDIE & ORS.
VG NO. 140 of 1984
Smithers J.
17 September 1984
Melbourne.
IN_THE FERAL COURT OF AUSTRALIA ) )
VICTORIA DISTRICT REGISTRY ) VG No. 140 of 1984 )
G DIVISION )
BETWEEN : DOROTHY JEAN OLIVER
(Applicant)
AND: J.E.D. GOLDIE, G.D. TRACY, A.P.SKYRING, J.A. O' LOUGHLIN and P.W.H. GRIEVE
(Respondents)
Judge Making Order: Smithers A.C.J.
Date of Order: 17 September 1984 Where Made: Melbourne. ORDER
THE COURT ORDERS THAT:
1. The appeal be allowed.
2. The matter be remitted to the Specialist Recognition Appeals Committee for reconsideration in accordance with
the requirements of s.61(1) of the Health Insurance Act 1973.
3. The respondents pay to the applicant her costs of and
incidental to this application.
IN FEDERAL COURT OF' AUSTRALIA
) ) VICTORIA DISTRICT REGISTRY ) VG No. 140 of 1984 ) GENERAL DIVISION )
BETWEEN : DOROTHY JEAN OLIVER
(Applicant)
AND: J.E.D. GOLDIE, G.D. TRACY, A.P.SKYRING, J.-A. O' LOUGHLIN and P.W.H. GRIEVE
(Respondents)
Coram: Smithers A.C.J.
17 September 1984
REASONS FOR JUDGMENT
This is an application for review of the decision of the respondents who are sued in their capacity as constituting the
Specialist Recognition Appeal Committee (the Appeal Committee), established pursuant to 8.49 of the Health Insurance Act 1973 (the Act), dismissing the applicant's appeal against a decision and determination of a Special Recognition Advisory Committee (the Committee), established pursuant to 38.48 of the Act, that the applicant be not recognized for the purposes of the Act as a specialist in the
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