National Home Doctor Service Pty Ltd v Director of Professional Services Review [2021] FCA 1381

Federal Court of Australia

National Home Doctor Service Pty Ltd v Director of Professional Services Review [2021] FCA 1381 File number(s): NSD 761 of 2021

Judgment of: GRIFFITHS J

Date of judgment: 10 November 2021

Catchwords: ADMINISTRATIVE LAW – review of provision of health services under Part VAA of the Health Insurance Act 1973 (Cth) – application for judicial review of a decision of the respondent to establish a Professional Services Review Committee and refer the applicant to that Committee for investigation under s 93 of the Act – where previous decision of respondent to refer to another Committee set aside in earlier proceeding – where another earlier proceeding held that s 94 of the Act did not prevent respondent from resuming review where more than 12 months had lapsed since her initial decision to commence a review – whether the respondent failed to exercise power of referral under s 93 within a "reasonable time" – whether breach of implied "reasonable time" requirement results in invalidity – matter of statutory construction – held: application dismissed, with costs

Legislation: Health Insurance Act 1973 (Cth) ss 79A, 86, 88A, 89A, 89B, 89C, 91, 92, 93, 94, 106G, 106U, 106R 106SA, 106TA

Cases cited: AQM18 v Minister for Immigration and Border Protection [2019] FCAFC 27; 268 FCR 424 ASP15 v Commonwealth [2016] FCAFC 145; 248 FCR 372 BMF16 v Minister for Immigration and Border Protection [2016] FCA 1530 EPL20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 173 Gerace v Auzhair Supplies Pty Ltd [2014] NSWCA 181; 87 NSWLR 435 Henderson v State of Queensland [2014] HCA 52; 255 CLR 1 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; 264 CLR 123 Koon Wing Lau v Calwell [1949] HCA 65; 80 CLR 533 Maxcon Constructions Pty Ltd v Vadasz [2018] HCA 5; 264 CLR 46 Mayne Nickless Ltd v Multigroup Distribution Services Pty Ltd [2001] FCA 1620; 114 FCR 108 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30; 264 CLR 541 Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; 240 CLR 611 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; 95 ALJR 441 NAIS v Minister for Immigration and Multicultural Affairs [2005] HCA 77; 228 CLR 470 National Home Doctor Service Pty Ltd v Director of Professional Services Review [2020] FCA 386; 276 FCR 338 National Home Doctor Service Pty Ltd v Director of Professional Services Review [2020] FCA 1016; 276 FCR 382 Plaintiff M64/2015 v Minister for Immigration and Border Protection [2015] HCA 50; 258 CLR 173 Plaintiff S297/2013 v Minister for Immigration and Border Protection [2014] HCA 24; 255 CLR 179 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; 194 CLR 355 Sillars v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 174 Simon v Condran [2013] NSWCA 388; 85 NSWLR 768 Stewart v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 196 Thornton v Repatriation Commission (1981) 35 ALR 485 Wei v Minister for Immigration and Border Protection [2015] HCA 51; 257 CLR 22 Zanardo & Rodriquez Sales & Services Pty Ltd v Tolevski [2013] NSWCA 449