Southern, N.R. v Vocational Registration Appeal Committee [1995] FCA 325

IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) NG 753 of 1993 ) GENERAL DIVISION ) NORMAN RICHARD SOUTHERN Applicant VOCATIONAL REGISTRATION APPEAL COMMITTEE Respondent Coram:Whitlam J Place: Sydney Date: 24 May 1995 MINUTES OF ORDER THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs. 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 ) NG 753 of 1993 ) GENERAL DIVISION ) NORMAN RICHARD SOUTHERN Applicant VOCATIONAL REGISTRATION APPEAL COMMITTEE Respondent Coram:Whitlam J Place: Sydney Date: 24 May 1995 REASONS FOR JUDGMENT The applicant is a medical practitioner. The respondent is the Appeal Committee established by reg 10 of the Health Insurance (Vocational Registration of General Practitioners) Regulations ("the Regulations"). In this proceeding the applicant seeks judicial review of the respondent's decision to dismiss his appeal from a decision of the Royal Australian College of General Practitioners ("the RACGP"), which had earlier declined to provide certification of the applicant's eligibility under s 3F(6)(a) of the Health Insurance Act 1973 ("the Act"). Section 3F of the Act provides (so far as relevant): "3F. (1) The purpose of this section is to provide for the registration of certain medical practitioners as vocationally registered general practitioners.

(2) The [Health Insurance] Commission is to establish and maintain a Vocational Register of General Practitioners. ... (4) A medical practitioner may apply to the Commission for registration under this section. (5) The application must be made in a manner approved by the Minister. (6) If: (a) the Managing Director of the Commission is satisfied that the Royal Australian College of General Practitioners has certified that the applicant's medical practice is predominantly general practice and that the applicant has training and experience in general practice that make it appropriate for the applicant to be registered under this section; or (b) the applicant is, in accordance with the regulations, eligible for registration under this section; the Managing Director shall, within 14 days after receiving the application, enter the applicant's name in the Register."