Selia v Commonwealth of Australia [2017] FCA 7

FEDERAL COURT OF AUSTRALIA

Selia v Commonwealth of Australia [2017] FCA 7 File number: NSD 1024 of 2015

Judge: PERRY J

Date of judgment: 13 January 2017

Catchwords: ADMINISTRATIVE LAW – Judicial Review – Professional Services Review Scheme under Part VAA of the Health Insurance Act 1973 (Cth) - where Professional Services Review Committee found applicant dentist engaged in "inappropriate practice" as defined in s 82 – meaning of "initiating" in s 82 – where applicant billed Medicare for dental services in advance of rendering – where dental services provided by dentists employed by applicant were billed using applicant's medicare provider number – where Determining Authority directed applicant should be reprimanded, counselled and required to repay amount to first respondent – whether pre-billing can constitute "inappropriate practice" – whether conduct of applicant in billing services provided by employees under his medicare number can constitute "inappropriate practice" – whether findings unlawfully made with respect to services rendered after statutory review period – whether Determining Authority failed to have regard to relevant considerations – whether repayment direction legally unreasonable – where no error established – application dismissed.

Legislation: Acts Interpretation Act 1901 (Cth) s 15AA, 25D Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5, 6 Health Insurance Amendment (Professional Services) Review Act 2012 (Cth) Schedule 2 Health Insurance Amendment Act (No 1) 1997 (Cth) Health Insurance Act 1973 (Cth) ss 3, 3C, 10, 14, 19, 20, 20A, 79A, 80, 81, 82, 93, 101(2), 106H, 106K, 106KD, 106L, 106Q, 106SA, 106T, 106TA, 106U, 129AC, 129AEA Health Legislation (Professional Services Review) Amendment Act 1994 (Cth) Judiciary Act 1903 (Cth) s 39B Health Insurance Regulations 1975 (Cth) reg 13 Health Insurance (Dental Services) Determination 2007 Second Reading Speech to the Health Legislation (Professional Services Review) Amendment Bill 1993, House of Representatives, Debates (1993) Vol HR 189, p1550-1552