Doan v Health Insurance Commission [2002] FCA 1160

FEDERAL COURT OF AUSTRALIA

Doan v Health Insurance Commission [2002] FCA 1160

ADMINISTRATIVE LAW – judicial review – Professional Services Review Scheme created by Part VAA of the Health Insurance Act 1973 (Cth) – 1999 amendments to Part VAA – medical practitioner - investigative referral – whether an investigation instigated by the Director, Professional Services Review under s 89(1) following an investigative referral is a "decision" to which the Administrative Decisions (Judicial Review) Act 1977 (Cth) applies - whether the investigative referral made by the first respondent referring the conduct of the applicant to the second respondent contains reasons in accordance with s 86(4)(b) – whether the investigative referral specifies conduct in accordance with s 86 – whether non-compliance with the statutory requirements for investigative referrals entails invalidity of a referral - whether the first respondent had power to make the investigative referral in circumstances where an earlier referral had been made – whether the first respondent was estopped from making the investigative referral – abuse of power. Health Insurance Commission Act 1973 (Cth) Health Insurance Act 1973 (Cth) ss 3,10, 81, 82, 86,87, 88, 89, 89A, 89B, 90, 91, 92, 93, 93A, 93B, 94 Judiciary Act 1903 (Cth) s 39B Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5,6 Health Insurance Amendment (Professional Services Review) Act 1999 (Cth) Health Insurance (Professional Services Review – Contents of Investigative Referrals) Guidelines 1999 Adams v Yung (1998) 83 FCR 248, referred to Pradhan v Holmes [2001] FCA 1560, distinguished Health Insurance Commission v Grey [2002] FCAFC 130, applied Grey v Health Insurance Commission [2001] FCA 1257, referred to Minister for Immigration and Ethnic Affairs v Kurtovic (1990) 21 FCR 193, referred to Edwards v Guidice (1999) 95 FCR 561, 573, referred to Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355, cited Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24, applied DR TUAN NGOC DOAN V HEALTH INSURANCE COMMISSION & ANOR V 202 of 2002 MARSHALL J 18 SEPTEMBER 2002 MELBOURNE