Pradhan v Holmes [2001] FCA 1560

FEDERAL COURT OF AUSTRALIA

Pradhan v Holmes [2001] FCA 1560

HEALTH LAW – medical practitioners – Professional Services Review scheme under Part VAA of the Health Insurance Act 1973 (Cth) – effect of 1999 amendments to Part VAA – whether amendments alter requirement in s 86(1) of the Health Insurance Act 1973 to specify conduct – whether new s 93(1) prescribes similar requirement – whether wording of amendments evinces clear intention of Parliament to alter requirements. HEALTH LAW – medical practitioners – Professional Services Review scheme under Part VAA of the Health Insurance Act 1973 (Cth) – investigative referral by Health Insurance Commission to Director of Professional Services Review – adjudicative referral by Director to Professional Services Review Committee – whether attached material constitutes part of referrals – whether referrals must specify conduct which may constitute "inappropriate practice" – effect of general referral of "conduct as such". ADMINISTRATIVE LAW – judicial review – medical practitioners – Professional Services Review scheme under Part VAA Health Insurance Act 1973 (Cth) – investigative referral by Health Insurance Commission to Director of Professional Services Review – adjudicative referral by Director to Professional Services Review Committee – jurisdiction of Director and Committee – whether failure to specify conduct in referrals constitutes non-compliance with ss 86(1) and 93(1) of the Health Insurance Act 1973 (Cth) – whether non-compliance entails invalidity of referrals. Health Insurance Act 1973 (Cth), Part VAA, ss 3, 80, 81, 82, 83, 84, 86, 87, 88, 89, 89A, 89B, 90, 91, 92, 93, 93A, 95, 98, 101, 102, 103, 104, 105A, 106G, 106H, 106J, 106K, 106KC, 106KD, 106L, 106T, 106U, 106UA, 106V. Judiciary Act 1903 (Cth), ss 39B(1), 39B(1A) Administrative Decisions (Judicial Review) Act 1977 (Cth) Health Insurance Commission Act 1973 (Cth) s 3A and Part IID Health Insurance (Professional Services Review – Contents of Investigative Referrals) Guidelines 1999 Health Insurance (Professional Services Review – Contents and Form of Adjudicative Referrals) Guidelines 1999 Adams v Yung (1998) 83 FCR 248 referred to Tang v Holmes (1998) 51 ALD 121 referred to Retnaraja v Morauta (1999) 93 FCR 397 referred to Mercado v Holmes [2000] FCA 620 referred to Grey v Health Insurance Commission [2001] FCA 1257 referred to Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 referred to Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 referred to Bateman's Bay Local Aboriginal Land Council v The Aboriginal Community Benefit Fund Pty Ltd (1998) 194 CLR 247 referred to Forbes, Disciplinary Tribunals (2nd Ed, 1996) DR JAGJIT SINGH PRADHAN v ALAN JOHN HOLMES (in his capacity as the Director of Professional Services Review), FRANK FRY, WILLIAM GILLIES, BRIAN GIBSON, HEALTH INSURANCE COMMISSION S12 of 2001 FINN J CANBERRA (HEARD IN ADELAIDE) 8 NOVEMBER 2001