Tankey v Adams [1999] FCA 683

FEDERAL COURT OF AUSTRALIA

Tankey v Adams [1999] FCA 683 ADMINISTRATIVE LAW – HEALTH – referral under the Health Insurance Act 1973 (Cth) in relation to a general practitioner alleged to have engaged in "inappropriate practice" – appeal from a decision of the Professional Services Review Tribunal considering a determination made by a Determining Officer – whether the Tribunal denied the appellant procedural fairness – whether the use of sampling invalidated findings – relevance of earlier counselling by the Health Insurance Commission – whether the Tribunal misdirected itself as to the weight given to evidence of the appellant's capacities and support from specialists and patients – roles of Tribunal, Committee and Determining Officer – discretion of Determining Officer in fixing restitution of Medicare benefits WORDS AND PHRASES – "inappropriate practice", "referral", "vocationally registered medical practitioner", "Medicare benefit", "judicial power of the Commonwealth", "procedural fairness", "sampling" The Constitution - s 51 (xxiiiA) Judiciary Act 1903 – s 78B Health Insurance Act 1973 (Cth) Health Insurance (1993-1994 General Medical Services Table) Regulations 1993 No. 272 Huddart Parker & Co Pty Ltd & Appleton v Moorehead [1909] 8 CLR 330 referred to Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1985] 162 CLR 24 referred to Re Cram; Ex parte Newcastle Wallsend Coal Co Pty Ltd [1987] 163 CLR 140 applied Re Ranger Uranium Mines Pty Ltd & Ors; Ex Parte Federated Miscellaneous Workers' Union of Australia [1987] 163 CLR 656 applied Precision Data Holdings Ltd v Wills [1991] 173 CLR 167 referred to Nicholas v The Queen [1998] 193 CLR 173 referred to Re Minister for Health v Thomson [1985] 8 FCR 213 applied Adams v Yung & Ors [1998] 83 FCR 248 discussed/applied Collins v Minister for Immigration and Ethnic Affairs [1981] 36 ALR 598 referred to Grollo & Howard v Bates [1994] 125 ALR 492 referred to Peverill v Backstrom & Ors Yung v Adams [1997] 150 ALR 436 referred to/applied/discussed Peverill v Backstrom & Ors [1994] 33 ALD 477, on appeal [1994] 127 ALR 197 Artinian v Commonwealth & Ors [1996] 43 ALD 235 referred to