Saint v Holmes [2008] FCA 987

FEDERAL COURT OF AUSTRALIA

Saint v Holmes [2008] FCA 987

MEDICAL LAW - Professional Services Review Scheme - whether investigative referral invalid - whether adjudicative referral invalid - whether final report of Professional Services Review Committee invalid - whether sampling validly carried out - whether the Professional Services Review Committee applied the proper record keeping test - whether there is a requirement for the Professional Services Review Committee to meet to consider findings in its final report ADMININSTRATIVE LAW - natural justice - failure to give effect to the representation or procedure - whether applicant suffered practical unfairness – whether the decision maker took into account explanation given by medical practitioner for high level of servicing - whether no evidence ground of review open in relation to adjudicative referral EVIDENCE - judicial immunity - whether evidence exposing the process by which the Professional Services Review Committee made its decision is admissible for the purposes of impugning the decision

Health Insurance Act 1973 (Cth) ss 10, 20, 20A, 82, 82(3), 88(2), 86, 93, 93(1), 106B, 106F(1), 106G, 106H, 106K, 106K(4), 106KA, 106L, 106U, and Pt VAA Administrative Decisions (Judicial Review) Act 1977 (Cth) Judiciary Act 1903 (Cth) s 39B Freedom of Information Act 1982 (Cth) Migration Act 1959 (Cth)s 435(1) Health Insurance (Professional Services Review) Regulations 1999 (Cth) Constitution s 72 Pradhan v Holmes (2001) 125 FCR 280 Selim v Lele [2008] FCAFC 13 Herijanto v Refugee Review Tribunal (2000) 170 ALR 379 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam (2003) 214 CLR 1 Selim v Lele (2006) 150 FCR 83 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam (2003) 214 CLR 1 Kelly v Daniel (2004) 134 FCR 64 Carrick v Health Insurance Commission [2007] FCA 984 Oreb v Willcock (2005) 146 FCR 237 Greyhound Racing Authority (NSW) v Bragg [2003] NSWCA 388 Health Insurance Commission v Grey (2002) 120 FCR 470 Freeman v Health Insurance Commission (2004) 141 FCR 129 SAAP v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 228 CLR 294 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 Australian Retailers Association v Reserve Bank of Australia (2005) 148 FCR 446 Phan v Kelly (2007) 158 FCR 75 Minister for Health v Thomson (1985) 8 FCR 213 VAAD v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCAFC 117 Mathews v HIC (2006) 90 ALD 49 DR WARREN JOHN SAINT v DR ALAN JOHN HOLMES (IN HIS CAPACITY AS DIRECTOR OF PROFESSIONAL SERVICES REVIEW), DR WARWICK RUSE (IN HIS CAPACITY AS CHAIRPERSON OF PROFESSIONAL SERVICES REVIEW COMMITTEE 204), DR JEFF VELING (IN HIS CAPACITY AS A MEMBR OF PROFESSIONAL SERVICES REVIEW COMMITTEE 204), DR JULIE COPEMAN (IN HER CAPACITY AS A MEMBER OF PROFESSIONAL SERVICES REVIEW COMMITTEE 204) and CHIEF EXECUTIVE OFFICER OF MEDICARE AUSTRALIA