Applied Medical Australia Pty Ltd v Minister for Health [2016] FCA 35

FEDERAL COURT OF AUSTRALIA

Applied Medical Australia Pty Ltd v Minister for Health [2016] FCA 35 File number: NSD 457 of 2015

Judge: ROBERTSON J

Date of judgment: 5 February 2016

Catchwords: ADMINISTRATIVE LAW – private health insurance – Private Health Insurance (Prostheses) Rules – source of power to vary or revoke Rules for prostheses already listed – decision not to vary or revoke Rules for the relevant subgroup – whether decision of an administrative character or of a legislative character – whether duty to consider submission to vary or revoke Rules for prostheses already listed – whether decision made without any, or any adequate, evidence – whether decision so unreasonable that no reasonable decision-maker could have so exercised the power – whether decision-maker took into account irrelevant considerations or failed to take into account relevant considerations – whether methodology or policy in setting a minimum benefit for comparable products lawful – whether improper exercise of a discretionary power in accordance with a rule or policy without regard to the merits of the particular case – Private Health Insurance Act 2007 (Cth) ss 72-10, 333-20 – Private Health Insurance (Prostheses) Rules 2015 (No 1) (Cth) HEALTH LAW – private health insurance – Private Health Insurance (Prostheses) Rules – source of power to vary or revoke Rules for prostheses already listed – decision not to vary or revoke Rules for the relevant subgroup – whether decision of an administrative character or of legislative character – whether duty to consider submission to vary or revoke Rules for prostheses already listed – whether decision made without any, or any adequate, evidence – whether decision so unreasonable that no reasonable decision-maker could have so exercised the power – whether decision-maker took into account irrelevant considerations or failed to take into account relevant considerations – whether methodology or policy in setting a minimum benefit for comparable products lawful – whether improper exercise of a discretionary power in accordance with a rule or policy without regard to the merits of the particular case – Private Health Insurance Act 2007 (Cth) ss 72-10, 333-20 – Private Health Insurance (Prostheses) Rules 2015 (No 1) (Cth)