Retnaraja v Morauta [1999] FCA 80

FEDERAL COURT OF AUSTRALIA

Retnaraja v Morauta [1999] FCA 80 ADMINISTRATIVE LAW – disciplinary proceedings for "inappropriate practice" by medical practitioner – Professional Services Review Committee – appeal from decision of Professional Services Review Tribunal – terms of referral under s 86(1) of Health Insurance Act 1973 (Cth) – referral relating to "services rendered … from (the practitioner's) practice location…" – whether terms of referral invalid in failing to identify specific location within which services rendered – whether procedural fairness required the Committee to provide practitioner with notice of the specific services about which it might make adverse findings – whether Committee clearly stated findings of inappropriate practice in respect of the services rendered – sampling procedure – approach taken to quantify repayment of benefits – whether direction for repayment impermissibly based on a broad brush approach. WORDS AND PHRASES – "services provided within a specified location". Health Insurance Act 1973 (Cth), ss 81, 82, 86, 87, 106G, 106H, 106J, 106K, 106U Health Lesiglation (Professional Services Review) Amendment Act 1994 (Cth) Health Insurance Amendment Act (No.1) 1997 (Cth) Adams v Yung unreported, Full Court of the Federal Court, 15 May 1998 Yung v Adams (1997) 150 ALR 436 Tiong v Minister for Community Services and Health (1990) 93 ALR 308 Sinja v Asher (1989) 22 FCR 423 Romeo v Asher (1991) 29 FCR 343 Tiong v Minister for Community Services & Health (1989) 87 ALR 723 Taylor v Minister of State for Health (1989) 23 FCR 53 THURYRAJAH RETNARAJA v LOUISE HELEN MARGARET MORAUTA SG 116 OF 1998 VON DOUSSA J ADELAIDE 12 FEBRUARY 1999

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SG 116 OF 1998

BETWEEN: THURYRAJAH RETNARAJA