Mathews v Health Insurance Commission [2006] FCA 195

FEDERAL COURT OF AUSTRALIA

Mathews v Health Insurance Commission [2006] FCA 195 ADMINISTRATIVE LAW – Health Insurance – Professional Services Review – statutory scheme for examination of conduct to ascertain whether inappropriate practice involved – where committee considered services rendered or initiated by person – where samples of services may be considered in accordance with determination or approved method – whether committee complied with determination – whether failure to comply rendered decision invalid.

Health Insurance Act 1973 (Cth) ss 82, 106K, 106KD, 106L Health Insurance (Professional Services Review) Regulations 1999 reg 5 Health Insurance (Professional Services Review – Sampling Methodology) Determination 2000 (No. 1) Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 applied Dimian v Health Insurance Commission [2004] FCA 1615 applied Lee v Maskell-Knight (2003) 207 ALR 362 referred to Minister for Health v Thomson (1985) 8 FCR 213 cited Minister for Immigration & Multicultural Affairs v Ozmanian (1996) 71 FCR 1 applied Minister for Immigration & Multicultural & Indigenous Affairs v SBAN [2002] FCAFC 431 applied Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 applied Public Service Board v Osmond (1985) 159 CLR 656 cited SAAP v Minister for Immigration & Multicultural & Indigenous Affairs (2005) 215 ALR 162 applied Tankey v Adams (2000) 104 FCR 152 cited Tisdall v Health Insurance Commission [2002] FCA 97 applied Re Refugee Review Tribunal; Ex parte H (2001) 179 ALR 425 applied Mercado v Holmes [2000] FCA 620 referred to Oxford English Dictionary, 1989, 2nd ed., Oxford University Press

JOHN WILLIAM MATHEWS v HEALTH INSURANCE COMMISSION, ALAN JOHN HOLMES IN HIS CAPACITY AS DIRECTOR, PROFESSIONAL SERVICES REVIEW, BERNARD KELLY, PETER CLYNE AND ANN STUART CONSTITUTING THE PROFESSIONAL SERVICES REVIEW COMMITTEE NO. 223 and THE DETERMINING AUTHORITY ESTABLISHED BY SECTION 106Q OF THE HEALTH INSURANCE ACT 1973 (CTH)