Thoo v Professional Services Committee No 446 [2008] FCA 830

FEDERAL COURT OF AUSTRALIA

Thoo v Professional Services Committee No 446 [2008] FCA 830

ADMINISTRATIVE LAW – application for judicial review of decision of administrative body – natural justice – denial of procedural fairness – administrative body's refusal of adjournment – application for adjournment on ground that legal advice needed – legal advice sought for first time only two days prior to date on which adjournment sought – applicant had previously participated in hearing on two earlier occasions – eleven week gap between second hearing date and third, on which adjournment sought. Held: refusal of adjournment did not constitute failure to accord procedural fairness.

ADMINISTRATIVE LAW – Health Insurance Act 1973 (Cth) – Professional Services Review Committee – whether Committee authorised to inquire otherwise than within terms of report of Director of Professional Services Review. Held: on construction of Act, yes. Health Insurance Act 1973 (Cth) ss 81, 93, 106H, 106K, 106KA

Ali v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 41 AAR 410 cited Kioa v West (1985) 159 CLR 550 cited Minister for Immigration and Multicultural Affairs v Bhardwaj (2002) 209 CLR 597 cited Touma v Saparas [2000] NSWCA 11 cited

JAMES CHEE MIN THOO v BERNARD KELLY, DAVID RIVETT AND FURIO VIRANT CONSTITUTING THE PROFESSIONAL SERVICES REVIEW COMMITTEE NO 446, THE DETERMINING AUTHORITY ESTABLISHED BY SECTION 106Q OF THE HEALTH INSURANCE ACT 1973 (CTH), MEDICARE AUSTRALIA and ALAN JOHN HOLMES IN HIS CAPACIY AS DIRECTOR OF PROFESSIONAL SERVICES REVIEW

NSD 1534 OF 2007

LINDGREN J

4 June 2008

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1534 OF 2007

BETWEEN: JAMES CHEE MIN THOO

Applicant

AND: BERNARD KELLY, DAVID RIVETT AND FURIO VIRANT CONSTITUTING THE PROFESSIONAL SERVICES REVIEW COMMITTEE NO 446