Ho v Professional Services Review Committee No 295 (No 2) [2007] FCA 603

FEDERAL COURT OF AUSTRALIA

Ho v Professional Services Review Committee No 295 (No 2) [2007] FCA 603 ADMINISTRATIVE LAW – health insurance – application for review of decision by Professional Services Review Committee – where Committee has appeared as an active protagonist in proceedings – and Committee's decision has been subsequently quashed – whether a writ of prohibition should issue to prohibit the members of the Committee from being members of any reconstituted committee for the purpose of re-hearing the matter

Commonwealth v Human Rights and Equal Opportunities Commission (1998) 76 FCR 513 referred to Fagan v The Crimes Compensation Tribunal (1982) 150 CLR 666 distinguished The Queen v Australian Broadcasting Tribunal; Ex Parte Hardiman (1980) 144 CLR 13 discussed 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

28 MARCH 2007

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY 1320 OF 2002

BETWEEN: HUGO HUU HIEP HO

Applicant

AND: WAL GRIGOR, HEATHER KNOX AND PHILLIP KNOWLES CONSTITUTING THE PROFESSIONAL SERVICES REVIEW COMMITTEE NO 295

First Respondent

THE DETERMINING AUTHORITY ESTABLISHED BY SECTION 106Q OF THE HEALTH INSURANCE ACT 1973 (CTH)

Second Respondent

HEALTH INSURANCE COMMISSION

Third Respondent

BERNARD RAYMOND KELLY IN HIS CAPACITY AS ACTING DIRECTOR OF PROFESSIONAL SERVICES REVIEW

Fourth Respondent

ALAN JOHN HOLMES IN HIS CAPACITY AS DIRECTOR OF PROFESSIONAL SERVICES REVIEW

Fifth Respondent

JUDGE: RARES J

DATE OF ORDER: 28 MARCH 2007

WHERE MADE: SYDNEY