Freeman v Health Insurance Commission [2004] FCA 453

FEDERAL COURT OF AUSTRALIA

Freeman v Health Insurance Commission [2004] FCA 453

ADMINISTRATIVE LAW – medical practitioner – Professional Services Review Scheme under Part VAA of the Health Insurance Act 1973 (Cth) – validity of investigative referral – effect of reference in the investigative referral to additional material which was said not to limit the conduct referred – whether conduct referred was sufficiently specified – whether Determining Authority failed to take into account a relevant matter – whether Determining Authority's Determination was tainted by Wednesbury unreasonableness – whether investigative referral can be limited to conduct amounting to a prescribed pattern of services

Health Insurance Act 1973 (Cth), ss 82, 86, 87, 106KA, 106KD, 106T, 106TA and 106U Health Insurance (Professional Services Review) Regulations 1999 (Cth) regs 10 and 11

Kelly v Daniel [2004] FCAFC 14 distinguished Pradhan v Holmes [2001] FCA 1560; (2001) 125 FCR 280 distinguished DR JACK FREEMAN v HEALTH INSURANCE COMMISSION & ORS (according to attached Schedule) V765 of 2002 NORTH J 19 APRIL 2004 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V765 of 2002

BETWEEN: DR JACK FREEMAN

APPLICANT

AND: HEALTH INSURANCE COMMISSION

FIRST RESPONDENT

DR ALAN JOHN HOLMES

(as the Director of Professional Services Review)

SECOND RESPONDENT

DR MICHAEL RICE

(as Chairperson of Professional Services Review Committee No 224)

THIRD RESPONDENT

DR BOB BROWN

(as a Member of Professional Services Review Committee No 224)

FOURTH RESPONDENT

DR BRUCE INGRAM

(as a Member of Professional Services Review Committee No 224)