Minister for Community Services and Health & Anor v. Thoo, C.K. [1988] FCA 74

JUDGMENT No. 747BBy

CATCHWORDS

ADMINISTRATIVE LAW - judicial review - Appeal from Administrative Appeals Tribunal - review of decision of Medicare Participation Review Committee ~ disqualification of practitioner from participation in the Medicare scheme - offences under s.129(1) of the Health Insurance Act - earlier (1976) convictions under s.103(8) of the National Health Act - whether AAT entitled as matter of law to have regard to 1976 convictions - definition of "relevant offence" under s.124B(1)

of the Health Insurance Act.

Health Insurance Act 1973 (Cth) - ss. 124B, 124F and 124H National Health Act 1953 (Cth) - s. 103(5)

Administrative Appeals Tribunal Act 1975 (Cth) - s.44.

MINISTER FOR COMMUNITY SERVICES AND HEALTH and MEDICARE PARTICIPATION AND REVIEW COMMITTEE v. CHEE KEONG THOO No. Nsw G5Iqd of 1987

Davies, Wilcox & Burchett JJ. 9 March 1988 Sydney

IN THE FEDERAL COURT OF AUSTRALIA ) )

NEW SOUTH WALES DISTRICT REGISTRY ) No. G514 of 1987 ) )

GENERAL DIVISION

On appeal from the General Administrative Division of the Administrative Appeals Tribunal

BETWEEN: MINISTER FOR COMMUNITY SERVICES AND HEALTH

First Applicant

AND: MEDICARE PARTICIPATION AND REVIEW COMMITTEE

Second Applicant

AND: CHEE KEONG THOO Respondent CORAM: Davies, Wilcox and Burchett JJ. DATE: 9 March 1988 PLACE: Sydney MINUTES OF ORDER THE COURT ORDERS THAT: 1. the appeal be dismissed. 2. the first named applicant should pay the respondent's costs of the appeal. NOTE: Settlement and entry of orders is dealt with in

Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G514 of 1987 ) )

GENERAL DIVISION

On appeal from the General Administrative Division of the Administrative Appeals Tribunal

BETWEEN: MINISTER FOR COMMUNITY SERVICES AND HEALTH

First Applicant

AND: MEDICARE PARTICIPATION AND REVIEW COMMITTEE