Tang, Theodore T v Holmes, Alan John (in his capacity as Director of Professional Services Review under the Health Insurance Act 1973) & Ors [1998] FCA 135

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 ‑ Within twenty eight days after receipt of referral Director required to dismiss referral or set up Professional Services Review Committee to consider whether practitioner has engaged in inappropriate practice in connection with referred services ‑ Director's decision not invalid because not made within time - Reference by Commission ‑ Validity ‑ Whether specified any "conduct" of practitioner - Director's decision to set up Committee made long after expiration of twenty eight day period ‑ Whether invalid ‑ Whether substantial compliance required ‑ Whether statistical material comparing practitioner with other practitioners a relevant consideration ‑ Whether evidence to justify Director's decision ‑ Whether decision unreasonable. STATUTORY INTERPRETATION - Health Insurance Commission empowered to refer practitioner's conduct to Director of Professional Services Review - Within twenty eight days after receipt of referral Director required to dismiss referral or set up Professional Services Review Committee - Director's decision on referral not invalid because not made within time ‑ Director's decision to set up Committee made long after expiration of twenty eight day period ‑ Whether invalid - Whether substantial compliance necessary for validity. Health Insurance Act 1973 ss 86, 88, 89, 91, 93 Tasker v Fullwood [1978] 1 NSWLR 20 applied Yapeen Holdings Pty Ltd v Calardu Pty Ltd (1992) 36 FCR 478 applied Artinian v The Commonwealth (1996) 43 ALD 235 applied Van Reesema v Official Receiver (1983) 50 ALR 253 applied TVW Enterprises Ltd v Duffy (1985) 62 ALR 63 applied Clayton v Heffron (1960) 105 CLR 214 applied Victoria v The Commonwealth (1975) 134 CLR 81 applied Yates Security Services Pty Ltd v Keating (1990) 98 ALR 68 applied Woodward v Sarsons (1875) LR 10 CP 733 considered Yung v Adams (unreported, Davies J, 11 December 1997) considered R v Murray; Ex parte the Commonwealth (1916) 22 CLR 437 applied Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 mentioned Edelsten v Health Insurance Commission (1990) 27 FCR 56 mentioned Northern Territory v Lane (1996) 39 ALD 527 mentioned THEODORE T TANG v ALAN JOHN HOLMES (in his capacity as Director of Professional Services Review under the Health Insurance Act 1973), RICHARD WILLIAM FRANCIS KING, LYNETTE ANNE EDWARDS, and BRUCE WALLACE INGRAM (in their capacity as the Members of Professional Services Review Committee No 68) VG 631 OF 1997 SUNDBERG J 25 FEBRUARY 1998 MELBOURNE