Hatcher v Cohn [2004] FCA 1548

FEDERAL COURT OF AUSTRALIA

Hatcher v Cohn [2004] FCA 1548 HEALTH LAW – medical practitioner – review of conduct in rendering services to patients over period of time – Professional Services Review Scheme under Part VAA of the Health Insurance Act 1973 (Cth) – investigative referral made by Health Insurance Commission to Director of Professional Services Review – adjudicative referral made by Director of Professional Services Review to Professional Services Review Committee – final report provided by Committee to Determining Authority – directions made by Determining Authority – whether there were matters which the Commission was obliged to take into account in considering whether to refer the matter for investigation – meaning of "exceptional circumstances" in s 106KA(2) – whether Committee erred in its opinion that "exceptional circumstances" in s 106KA(2) generally refers to intermittent or episodic situations and not ongoing situations or those of long-standing – whether Committee erred in its opinion that "exceptional circumstances" does not refer to matters which are within a practitioner's control – failure by Committee to identify the correct question about the nature of the medical shortages put forward by the applicant as constituting exceptional circumstances – failure by Committee to apply reg 11(b) of the Health Insurance (Professional Services Review) Regulations 1999 in its own terms – whether Determining Authority had jurisdiction to make direction for repayment under s 106U(1) Statutes Administrative Decisions (Judicial Review) Act 1977 (Cth) Health Insurance Act 1973 (Cth) Part VAA, s 106KA, s 80(1), s 86(1), s 81, s 86(2), s 86, s 88, s 89, s 91, s 93(1), s 93(6), s 101(2), s 106KD, s 106L, s 106U, s 106T, s 106TA, s 106U(1), s 82(1), s 106KA(5), s 106KA(2), s 106KA(1), s 106U(1)(ca) Judiciary Act 1903 (Cth) s 39B(1A) Cases Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 cited Baker v R (2004) 78 ALJR 1483 considered Craig, Williamson Proprietary Limited v Barrowcliff [1915] VLR 450 cited Day & Dent Constructions Pty Ltd (In Liquidation) v North Australian Properties Pty Ltd (Provisional Liquidator Appointed) (1982) 150 CLR 85 cited Kelly v Daniel [2004] FCAFC 14 distinguished Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 cited Project Blue Sky v Australian Broadcasting Authority (1998) 194 CLR 355 considered United Mexican States v Cabal (2001) 209 CLR 165 considered