Yoong v The Chief Executive of Medicare [2021] FCA 701

Federal Court of Australia

Yoong v The Chief Executive of Medicare [2021] FCA 701 File number: QUD 443 of 2019

Judgment of: RANGIAH J

Date of judgment: 25 June 2021

Catchwords: ADMINISTRATIVE LAW – Health Insurance Act 1973 (Cth) – application for judicial review of exercise of power by Chief Executive's delegate under s 86(1) and by Director under s 88A(2) – whether decisions reviewable under Administrative Decisions Judicial Review Act 1977 (Cth) s 5 and Judiciary Act 1903 (Cth) s 39B – whether certiorari available – whether procedural fairness requirement applied to exercises of power – whether delegate failed to provide procedural fairness – materiality of failure – whether decision-makers failed to take account of mandatory relevant considerations – whether decision-makers took account of irrelevant considerations – whether exercise of power legally unreasonable – grounds of application dismissed – applicant to pay costs

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 3, 5 and 6 Health Insurance Act 1973 (Cth) ss 3, 6, 79A, 80, 81, 82, 86, 87, 88A, 89, 89C, 91, 92, 93, 94, 101, 102, 103, 106H, 106KD, 106KE, 106L, 106QB, 106R,106RB, 106S, 106SA, 106T, 106TA, 106U, 106UA and 106ZPM Health Insurance Amendment (Professional Services Review and Other Matters) Act 2002 (Cth) s 30 Health Insurance Amendment (Professional Services Review) Act 2012 (Cth) s 86 Human Services (Medicare) Regulation 2017 (Cth) reg 27(1)(b) Judiciary Act 1903 (Cth) s 39B Health Insurance Commission Regulations 1975 (Cth) (Repealed) reg 3(2)(b) Legal Profession Act 2004 (Vic)