Oreb v Willcock [2004] FCA 1520

FEDERAL COURT OF AUSTRALIA

Oreb v Willcock [2004] FCA 1520 ADMINISTRATIVE LAW - Professional Services Review Scheme - whether a medical practitioner has engaged in "inappropriate practice" in connection with the rendering or initiation of services for which Medicare benefits are payable – investigative referral – adjudicative referral – referral period - "prescribed pattern of services" – breach of the 80/20 rule – exceptional circumstances – s 92 Agreement Administrative Decisions (Judicial Review) Act 1977 (Cth) – s 11(3) Health Insurance Act 1973 (Cth) - Part VAA – ss 80, 81, 82, 92, 93, 93A, 94, 106KA, 106T, 106U Judiciary Act 1903 (Cth) s 39B(1A) Health Insurance (Professional Services Review) Regulations 1999 (Cth) – Regs 10, 11 Abernethy v Deitz (1996) 39 NSWLR 701 referred to Boscolo v Secretary, Department of Social Security (1999) 90 FCR 531 referred to Braganza v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 170 referred to Bruce v Cole (1998) 45 NSWLR 163 referred to Commercial Union Assurance Co of Australia Ltd v Ferrcom Pty Ltd (1991) 22 NSWLR 389 referred to Crowley v Holmes [2004] FCA 521 considered and applied Daniel v Kelly (2003) 200 ALR 379 distinguished Elias v Commissioner of Taxation (2002) 123 FCR 499 referred to Freeman v Health Insurance Commission [2004] FCA 453 applied Health Insurance Commission v Grey (2002) 120 FCR 470 referred to Institute of Patent Agents v Lockwood [1894] AC 347 cited Jones v Dunkel (1959) 101 CLR 298 referred to Kelly v Daniel [2004] FCAFC 14 distinguished Khan v Minister for Immigration and Ethnic Affairs (1987) 14 ALD 291 referred to Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1985) 162 CLR 24 referred to Minister for Aboriginal Affairs v State of Western Australia (1996) 67 FCR 40 referred to Minister for Immigration and Multicultural Affairs v Anthonypillai (2001) 106 FCR 426 referred to Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 cited MLC Investments Ltd v Commissioner of Taxation (2004) 205 ALR 207 referred to Peko-Wallsend Ltd v Minister for Aboriginal Affairs (1985) 5 FCR 532 referred to Pradhan v Holmes (2001) 125 FCR 280 referred to Re Minister for Immigration and Multicultural Affairs; Ex parte Miah (2001) 206 CLR 57 cited Pearce & Geddes, Statutory Interpretation in Australia (5th ed) at [3.38] J D Heydon, Cross on Evidence (7th Aust ed) at [1215]