Dr Sherman, J. & Anor v Medicare Participation Review Committee & Anor [1995] FCA 577

CATCHWORDS Social Welfare - National health legislation - Health Insurance - Determination by Medicare Participation Review Committee under s.124DF of Health Insurance Act 1973 a decision to which the Administrative Decisions (Judicial Review) Act 1977 applies - undertaking in writing by a medical practitioner under Division 2 of Part IIA of the Health Insurance Act 1973 is given only by the person identified in the writing as the person who gives it. Statutes - Interpretation - Permissive, directory and mandatory provisions - Whether limitation of time in s.124D(2) of the Health Insurance Act 1973 mandatory. Health Insurance Act 1973 - Part IIA, Division 2; Part VB DOCTOR JOHN SHERMAN AND DOCTOR HENDRICK VAN RENSBERG v. MEDICARE PARTICIPATION REVIEW COMMITTEE AND THE MINISTER FOR HEALTH VG339 of 1993 SAMUEL JAMES BEN LEES v. MEDICARE PARTICIPATION REVIEW COMMITTEE AND THE MINISTER FOR HEALTH VG340 of 1993 Jenkinson J. Melbourne 7 August, 1995

IN THE FEDERAL COURT OF AUSTRALIA ) VICTORIA DISTRICT REGISTRY ) No. VG339 of 1993 GENERAL DIVISION ) BETWEEN: DOCTOR JOHN SHERMAN First Applicant AND: DOCTOR HENDRICK VAN RENSBERG Second Applicant AND: MEDICARE PARTICIPATION REVIEW COMMITTEE First Respondent AND: THE MINISTER FOR HEALTH Second Respondent CORAM: Jenkinson J. PLACE: Melbourne DATE: 7 August, 1995

MINUTES OF ORDER

THE COURT ORDERS THAT:

1. The determination in writing of the Medicare Participation Review Committee dated 18 March 1993 that it should consider whether the applicant Doctor John Sherman had breached an undertaking given by him under section 23DF of the Health Insurance Act 1973 be quashed. 2. The determination in writing of the Medicare Participation Review Committee dated 18 March 1993 that it should consider whether the applicant Doctor Hendrick Van Rensberg had breached an undertaking given by him under section 23DF of the Health Insurance Act 1973 be quashed. 3. The proceeding be otherwise dismissed.