Determining Officer appointed under section 106Q of the Health Insurance Act 1973 v Lusink, The Hon Mrs Margaret & Ors [1998] FCA 63

FEDERAL COURT OF AUSTRALIA ADMINISTRATIVE LAW ‑ Medicare Professional Services Review Scheme ‑ Inappropriate practice by practitioners ‑ Health Insurance Commission empowered to refer practitioner's conduct to Director of Professional Services Review ‑ Director decides whether to dismiss referral or set up Professional Services Review Committee to investigate conduct ‑ Committee reports findings to Determining Officer ‑ If Committee reports that practitioner has engaged in inappropriate practice Determining Officer prepares draft determination ‑ Draft provided to practitioner with invitation to make submission on draft ‑ Determining Officer prepares final determination in light of any submission ‑ Provision for review of determination by Professional Services Review Tribunal ‑ Minister required to forward reference, transcript of proceedings before Committee, exhibits, Committee's report and final determination to Tribunal ‑ Review to be conducted having regard to documents forwarded ‑ Report by Committee of inappropriate practice ‑ Draft determination prepared ‑ Submission by practitioner ‑ Final determination adverse to practitioner ‑ Determination refers to draft and submission thereon ‑ Request for review of determination ‑ Whether Tribunal entitled to call for draft and submission. Health Insurance Act 1973 ss 106T, 115, 119 Minister for Health v Thomson (1985) 8 FCR 213 considered McIntosh v Minister for Health (1987) 17 FCR 463 considered Yung v Adams (unreported, 11 December 1997, Davies J) considered Tiong v Minister for Community Services and Health (1990) 93 ALR 308 considered Allen v Maddock (1858) 11 Moo PC 427 considered DETERMINING OFFICER appointed under section 106Q of the Health Insurance Act 1973 v THE HON MRS MARGARET LUSINK, DR PETER JOSEPH and PROFESSOR DAVID TILLER constituting the Professional Services Review Tribunal No 7 and JAMES DIMITRIOS DEMIRTZOGLOU VG 341 OF 1997 SUNDBERG J 12 FEBRUARY 1998 MELBOURNE