Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
National Home Doctor Service Pty Ltd v Director of Professional Services Review [2020] FCA 386 File number: NSD 1332 of 2019
Judge: GRIFFITHS J
Date of judgment: 24 March 2020
Catchwords: ADMINISTRATIVE LAW – application for judicial review relating to proposed investigation by Professional Services Review Committee into whether the National Home Doctor Service engaged in inappropriate practice within the meaning of s 82(2) of the Health Insurance Act 1973 (Cth) – application to set aside decision by Director of Professional Services Review to establish a Committee and make a referral to it under s 93 Health Insurance Act 1973 (Cth) – subject of referral related to conduct of specified practitioners with whom National Home Doctor Service held services agreements – whether Director's decision was legally unreasonable or irrational – whether Director failed to afford procedural fairness – whether exercise of power under s 93 of the Health Insurance Act 1973 (Cth) involved questions of jurisdictional fact – whether Court should determine whether an employment relationship arose between National Home Doctor Service and practitioners with whom it held services agreements – application allowed for procedural unfairness
Legislation: Health Insurance Act 1973 (Cth), ss 3, 79A, 80, 81, 82, 82A, 83, 84, 86, 87, 88, 88A, 88B, 89, 89B, 89C, 90, 91, 92, 93, 94, 96, 98, 101, 102, 103, 105A, 106G, 106H, 106J, 106K, 106KD, 106KE, 106L, 106S, 106T, 106TA, 106U, 106UA, 106XA, 106XB, 106V, 106ZPR, 131 Health Insurance Amendment (Professional Services Review and Other Matters) Act 2002 (Cth) Health Legislation Amendment (Improved Medicare Compliance and other Measures) Act 2018 Migration Act 1958 (Cth), s 500(6L) Health Insurance (Professional Services Review) Regulations 1999 (Cth) Explanatory Memorandum, Health Insurance Amendment (Professional Services Review and Other Matters) Bill 2002 (Cth) Explanatory Memorandum, Health Legislation Amendment (Improved Medicare Compliance and Other Measures) Bill 2018 (Cth) The Report of the Review Committee of the Professional Services Review Scheme (Commonwealth of Australia, March 1999)
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