Carrick v Health Insurance Commission [2007] FCA 984

FEDERAL COURT OF AUSTRALIA

Carrick v Health Insurance Commission [2007] FCA 984

ADMINISTRATIVE LAW – Health Insurance Act 1973 (Cth) – statutory scheme for examination of conduct of medical practitioner to ascertain whether practitioner engaged in inappropriate practice – Commission's decision to make investigative referral challenged – Director's decision to make adjudicative referral to a Professional Services Review Committee challenged – final report of Committee challenged – sampling methodology used by Committee challenged – Held: application dismissed Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5 Health Insurance Act 1973 (Cth) ss 81, 82, 85, 86, 87, 89B, 91, 93, 95, 103, 106K, 106H Applicant VEAL of 2002 v Minister for Multicultural and Indigenous Affairs (2005) 225 CLR 88 distinguished Daniel v Kelly (2003) 200 ALR 379 distinguished Freeman v Health Insurance Commission [2004] FCA 453 referred to Kelly v Daniel (2004) 134 FCR 64 cited Mathews v Health Insurance Commission (2006) 90 ALD 49 approved Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24 cited Oreb v Willcock (2005) 146 FCR 237 cited Phan v Kelly [2007] FCA 269 approved Pradhan v Holmes (2001) 125 FCR 280 cited Project Blue Sky Inc v Australian Broadcasting Authority (1998) 1944 CLR 355 cited JANE CARRICK v HEALTH INSURANCE COMMISSION, ALAN JOHN HOLMES IN HIS CAPACITY AS DIRECTOR, PROFESSIONAL SERVICES REVIEW, RICHARD KING, GRAHAM NEWSTEAD, GLENDA PEEL AND RICHARD GORDON CONSTITUTING THE PROFESSIONAL SERVICES REVIEW COMMITTEE NO 352 AND THE DETERMINING AUTHORITY ESTABLISHED BY SECTION 106Q OF THE HEALTH INSURANCE ACT 1973 (CTH) NSD 322 OF 2005

BRANSON J

3 JULY 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 322 OF 2005

BETWEEN: JANE CARRICK