Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lee v Napier [2013] FCA 236 Citation: Lee v Napier [2013] FCA 236
Parties: DR IL-SONG LEE v ROBYN NAPIER, RODNEY MCMAHON AND HUY AN, CONSTITUTING THE PROFESSIONAL SERVICES REVIEW COMMITTEE NO. 525, CHIEF EXECUTIVE OFFICER OF MEDICARE AUSTRALIA, THE DETERMINING AUTHORITY ESTABLISHED BY SECTION 106Q OF THE HEALTH INSURANCE ACT 1973 (CTH), THE DIRECTOR OF PROFESSIONAL SERVICES REVIEW and THE COMMONWEALTH OF AUSTRALIA DR IL-SONG LEE v COMMONWEALTH OF AUSTRALIA
File number(s): NSD 622 of 2010 NSD 1447 of 2012
Judge: KATZMANN J
Date of judgment: 20 March 2013 Corrigendum: 11 March 2014
Catchwords: HEALTH LAW – regulation of medical practitioners – Professional Services Review scheme – validity of appointments to Professional Services Review Panel and as Director of Professional Services Review – Health Insurance Act 1973 (Cth), Pt VAA, ss 84, 85 – requirement to consult with Australian Medical Association before appointment – consideration of the content of the obligation to consult – whether failure to comply with statutory precondition to exercise of power to appoint – whether appointments invalid. STATUTORY INTERPRETATION – meaning of "consult" in s 84(3) of the Health Insurance Act 1973 (Cth), EVIDENCE – presumption of regularity – evidence of existence or non-existence of "consultation" – burden of proof – acts peculiarly within the knowledge of one party.
Legislation: Acts Interpretation Act 1901 (Cth), s 15AA Health Insurance Act 1973 (Cth) Part VAA, ss 83, 84, 85 Health Insurance Amendment (Professional Services Review) Act 2012 (Cth) Health Legislation (Professional Services Review) Amendment Act 1994 (Cth)
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate