Selim v Lele [2005] FCA 24

FEDERAL COURT OF AUSTRALIA

Selim Oreb v Lele [2005] FCA 24 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 – s 92 Agreement Administrative Decisions (Judicial Review) Act 1977 (Cth) – ss 5, 6, 11(1)(c), 11(3) Health Insurance Act 1973 (Cth) Part VAA, ss 82, 92 Health Insurance (Professional Services Review) Regulations 1999 (Cth) – Regs 10, 11 Judiciary Act 1903 (Cth) - s 39B(1A) Daniel v Kelly (2003) 200 ALR 379 referred to Dimian v Health Insurance Commission [2004] FCA 1615 applied Oreb v Willcock [2004] FCA 1520 referred to Lee v Kelly [2005] FCA 26 applied Pradhan v Holmes [2001] FCA 1560 referred to

ASHRAT THABIT SELIM V VINAYAK (VINOO) LELE, PATRICK TAN AND DAVID RIVETT AND THE DETERMINING AUTHORITY AND HEALTH INSURANCE COMMISSION AND ALAN JOHN HOLMES N 1723 of 2003 JACOBSON J SYDNEY 7 FEBRUARY 2005

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1723 of 2003

BETWEEN: ASHRAT THABIT SELIM

APPLICANT

AND: VINAYAK (VINOO) LELE, PATRICK TAN

AND DAVID RIVETT constituting

the Professional Services Review Committee No 309

FIRST RESPONDENT

THE DETERMINING AUTHORITY

Established by Section 106Q of the

Health Insurance Act 1973 (Cth)

SECOND RESPONDENT

HEALTH INSURANCE COMMISSION

THIRD RESPONDENT

ALAN JOHN HOLMES in his capacity

as Director of Professional Services Review

FOURTH RESPONDENT

JUDGE: JACOBSON J

DATE OF ORDER: 7 FEBRUARY2005

WHERE MADE: SYDNEY