Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mukherjee v Medicare Participation Review Committee [2010] FCA 233 Citation: Mukherjee v Medicare Participation Review Committee [2010] 2010 FCA 233
Appeal from: Re Gopal Mukherjee and Medical Participation Review Committee [2009] AATA 484
Parties: DR GOPAL MUKHERJEE v MEDICARE PARTICIPATION REVIEW COMMITTEE
File number(s): NSD 763 of 2009
Judges: COWDROY J
Date of judgment: 17 March 2010
Catchwords: ADMINISTRATIVE LAW – Judicial Review – Decision of Administrative Appeals Tribunal – Medical Participation Review Committee – s 124F Health Insurance Act 1973 (Cth) – Disqualification for 3 months – Whether Tribunal required to make a finding on 'actual awareness' after finding applicant 'not wholly aware' –Whether Tribunal considered other available penalties – Whether Tribunal substituted itself as expert witness – Inadequacy of reasons – Wednesbury unreasonableness – Effect of guilty plea on awareness – Appeal dismissed
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 43 Crimes Act 1914 (Cth) s 20(1)(a) Health Insurance Act 1973 (Cth) ss 79A, 128B, 124D(2), 124E, 124F, 124FAA, 124J Migration Act 1958 (Cth) s 501
Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 75 ALD 630 cited Associated Provincial Picture Houses, Limited v Wednesbury Corporation [1948] 1 KB 223 cited Civilian Aviation Safety Authority v Central Aviation Pty Limited [2009] FCAFC 137 cited Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 cited Craig v The State of South Australia (1995) 184 CLR 163 cited Dornan and Others v Riordan and Others (1990) 24 FCR 564 cited House v The King (1936) 55 CLR 499 cited Lafu v Minister for Immigration and Citizenship and Another (2009) 110 ALD 302 cited Lafu v Minister for Immigration and Citizenship and Another (2009) 112 ALD 1 cited Minister for Aboriginal Affairs and Another v Peko-Wallsend Limited and Others (1986) 162 CLR 24 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 cited Minister for Human Services and Health v Haddad and Another (1995) 58 FCR 378 cited Minister for Immigration and Multicultural Affairs v Ali (2000) 106 FCR 313 cited Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 cited Minister for Immigration and Multicultural Affairs v SRT (1999) 91 FCR 234 cited Politis v Federal Commissioner of Taxation (1988) 16 ALD 707 cited Re Dixit and Minister for Health and Aged Care [2001] AATA 452 cited Re Gopal Mukherjee and Medical Participation Review Committee [2009] AATA 48 affirmed Re Markey and Minister for Human Services and Health and Another [1996] AATA 668 cited Re Sanjeev Relan and Medicare Participation Review Committee [2009] AATA 567 distinguished Rich and Another v Australian Securities and Investments Commission [2004] 220 CLR 129 cited Tickner and Others v Chapman and Others (1995) 57 FCR 451 cited
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