Reece v Webber [2010] FCA 1025

FEDERAL COURT OF AUSTRALIA

Reece v Webber [2010] FCA 1025

Citation: Reece v Webber [2010] FCA 1025

Parties: ALBERT STUART REECE v TONY WEBBER and BERNARD KELLY, KATHLEEN KEATING AND AILSA LAIDLAW CONSTITUTING THE PROFESSIONAL SERVICES REVIEW COMMITTEE NO. 507 and THE DETERMINING AUTHORITY ESTABLISHED BY SECTION 106Q OF THE HEALTH INSURANCE ACT 1973 (CTH)

File number: NSD 1365 of 2009

Judge: EDMONDS J

Date of judgment: 20 September 2010

Catchwords: ADMINISTRATIVE LAW—medical practitioner—Professional Services Review Scheme—statutory scheme for examination of conduct to ascertain whether inappropriate practice involved—whether the Director of Professional Services Review ('the Director') erred or exceeded his power by referring for review all services provided by the applicant during the review period—whether the Professional Services Review Committee ('the Committee') erred by investigating all services provided by the applicant during the review period—whether the Committee denied the applicant procedural fairness, contrary to s 106l(1B) of the Health Insurance Act 1973 (Cth), through the inclusion of further reasons in its final report—whether the Committee failed to have regard to the applicant's written submissions on its draft report—whether the Committee's draft and final report gives rise to a reasonable apprehension of bias. Held: The Director is authorised by the Health Insurance Act 1973 (Cth) to refer for review all services provided during the review period; The authority of the Committee to investigate services is not limited by the Director's reasons or report; The Committee's final report did not introduce new reasons, it merely particularised the generality of the draft report; The Committee took the applicant's submissions into account; The Committee's failure to adopt the applicant's submissions does not give rise to a reasonable apprehension of bias.