Freeman v Health Insurance Commission [2000] FCA 54

FEDERAL COURT OF AUSTRALIA

Freeman v Health Insurance Commission [2000] FCA 54 CRIMINAL LAW – search warrant – form – validity – failure to specify period during which warrant may be executed – power to issue is in connection with investigation – what constitutes an investigation

WORDS & PHRASES – "investigation"

Health Insurance Commission Act 1973 (Cth) s 8L and s 8Y Environment Protection Authority v Caltex Refining Co Pty Ltd (1993) 178 CLR 477 discussed Health Insurance Commission v Freeman (1998) 158 ALR 267 discussed Lamb v Moss (1983) 49 ALR 533 referred to R v Director of Serious Fraud Office; Ex parte Smith [1993] 1 AC 1 referred to

JACK FREEMAN V HEALTH INSURANCE COMMISSION, ROY LLEWELYN CORBETT & DAVID HARPER McLENNAN VG 689 of 1996

JUDGE: FINKELSTEIN J DATE: 8 FEBRUARY 2000 PLACE: MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 689 of 1996

BETWEEN: JACK FREEMAN

Applicant

AND: HEALTH INSURANCE COMMISSION,

ROY LLEWELYN CORBETT and

DAVID HARPER McLENNAN

Respondents

JUDGE: FINKELSTEIN J

DATE OF ORDER: 8 FEBRUARY 2000

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The decision of the third Respondent made on 12 November 1996 to issue the search warrant purportedly pursuant to s 8Y of the Health Insurance Commission Act 1973 (Cth) authorising the second respondent to enter and search the Flemington Police station be quashed. 2. The 168 Medicare Assignment forms seized by the Victoria Police on 31 October 1994 at the premises of the Applicant be delivered into the custody of the Office of Public Prosecutions (Victoria) to be used in such a manner as may be permitted by law in connection with the prosecution of the Applicant for offences under the Health Insurance Commission Act 1973 (Cth) provided that an authorised officer of the Office of Public Prosecutions (Victoria) undertakes to return the said forms to the Applicant upon the conclusion of the prosecution and any appeals therefrom. 3. The Applicant's costs of the application be paid by the first Respondent.