Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lee v Grigor [2005] FCA 25 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 Health Insurance Act 1973 (Cth) - Part VAA – ss 92, 106KA Administrative Decisions (Judicial Review) Act 1977 (Cth) – ss 11(1)(c) and 11(3) Judiciary Act 1903 (Cth) - s 39B(1A) Health Insurance (Professional Services Review) Regulations 1999 (Cth) – Regs 11(b) Lee v Kelly [2004] FCA 26 applied Oreb v Willcock [2004] FCA 1520 referred to Dimian v Health Insurance Commission [2004] FCA 1615 referred to Daniel v Kelly (2003) 200 ALR 379 referred to Hatcher v Cohn [2004] FCA 1548 referred to Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 cited
IL SONG LEE v WAL GRIGOR, PATRICK TAN AND DAVID RIVETT AND THE DETERMINING AUTHORITY AND HEALTH INSURANCE COMMISSION AND ALAN JOHN HOLMES AND BERNARD RAYMOND KELLY N 1430 of 2003 JACOBSON J SYDNEY 7 FEBRUARY 2005
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1430 of 2003
BETWEEN: IL SONG LEE
APPLICANT
AND: WAL GRIGOR, PATRICK TAN AND DAVID RIVETT constituting the Professional Services Review Committee No 292
FIRST RESPONDENTS
THE DETERMINING AUTHORITY
established by s 106Q of the Health Insurance Act 1973 (Cth)
SECOND RESPONDENT
HEALTH INSURANCE COMMISSION
THIRD RESPONDENT
ALAN JOHN HOLMES in his capacity
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