Ho v Professional Services Review Committee No 295 [2007] FCA 388

FEDERAL COURT OF AUSTRALIA

Ho v Professional Services Review Committee No 295 [2007] FCA 388

ADMINISTRATIVE LAW – health insurance – investigation by Professional Services Review Committee as to whether a medical practitioner has engaged in inappropriate practice in relation to the number of services rendered or initiated by him – whether exceptional circumstances existed that excused the conduct – operation of s 106KA(2) of the Health Insurance Act 1973 (Cth) – relation to reg 11(a) of the Health Insurance (Professional Services Review) Regulations 1999 (Cth) – meaning of 'exceptional circumstances' – meaning of 'unusual occurrence' – circumstances under which committee must consider reg 11(a) – whether practice management considerations are relevant WORDS AND PHRASES – 'exceptional circumstances' – 'unusual occurrence' Held – each committee committed an error of law – findings of each committee quashed Health Insurance Act 1973 (Cth) s 106KA Health Insurance (Professional Services Review) Regulations 1999 (Cth) reg 11 Cohn v Hatcher (2005) 146 FCR 275 applied Laws v Australian Broadcasting Tribunal (1990) 170 CLR 70 cited Network Ten Pty Ltd v TCN Channel Nine Pty Ltd (2004) 218 CLR 273 cited Oreb v Willcock (2005) 146 FCR 237 applied Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 cited Sydney Airport Corporation Ltd v Australian Competition Tribunal (2006) 155 FCR 124 cited SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 231 ALR 592 followed The Queen v Australian Broadcasting Tribunal; Ex Parte Hardiman (1980) 144 CLR 13 approved HO v PROFESSIONAL SERVICES REVIEW COMMITTEE NO 295 AND ORS NSD 1320 OF 2002 AND DO v PROFESSIONAL SERVICES REVIEW COMMITTEE NO 293 AND ORS NSD 1321 OF 2002

RARES J

26 MARCH 2007

SYDNEY