Minister for Human Services & Health v Haddad, J.G.M. & Anor [1995] FCA 530

CATCHWORDS

ADMINISTRATIVE LAW - Administrative appeals - respondent found guilty of fraud under the Medicare Scheme - Administrative Appeals Tribunal reduced period of disqualification from the Medicare Scheme imposed by Medicare Participation Review Committee - Guidelines published by Minister under the Health Insurance Act 1973 - weight to be accorded to Guidelines.

Health Insurance Act 1973 - ss.124F, 124H, 128A, 128B Statutory Guidelines to the Health Insurance Act 1973 Smoker v Pharmacy Restructuring Authority (1994) 53 FCR 287 - cons. Minister for Aboriginal Affairs v Peko-Wallsend Ltd. (1986) 162 CLR 24 - cons. MINISTER FOR HUMAN SERVICES AND HEALTH v. JOSEPH GAMIL MORCOS HADDAD & ANOR. No. G 164 of 1995 BEAUMONT, WHITLAM AND TAMBERLIN JJ. SYDNEY 28 JULY 1995

IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) No.G 164 of 1995 ) GENERAL DIVISION )

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL BETWEEN: MINISTER FOR HUMAN SERVICES AND HEALTH Applicant AND: JOSEPH GAMIL MORCOS HADDAD First respondent MEDICARE PARTICIPATION REVIEW COMMITTEE Second respondent CORAM: BEAUMONT, WHITLAM AND TAMBERLIN JJ. DATE: 28 JULY 1995 PLACE: SYDNEY

MINUTES OF ORDER

THE COURT ORDERS: 1. Appeal allowed. 2. Decision of the Tribunal set aside. 3. Matter remitted to the Tribunal for determination in accordance with law. 4. First respondent to pay the applicant'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.G 164 of 1995 ) GENERAL DIVISION )

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL BETWEEN: MINISTER FOR HUMAN SERVICES AND HEALTH Applicant AND: JOSEPH GAMIL MORCOS HADDAD First respondent MEDICARE PARTICIPATION REVIEW COMMITTEE Second respondent CORAM: BEAUMONT, WHITLAM AND TAMBERLIN JJ. DATE: 28 JULY 1995 REASONS FOR JUDGMENT