Kew v Director of Professional Services Review [2021] FCA 1607

Federal Court of Australia

Kew v Director of Professional Services Review [2021] FCA 1607 File number: VID 562 of 2020

Judgment of: BEACH J

Date of judgment: 17 December 2021

Catchwords: ADMINISTRATIVE LAW – judicial review – professional services review scheme under Part VAA of the Health Insurance Act 1973 (Cth) – finding of "inappropriate practice" by Professional Services Review Committee – rendering of services by radiologist concerning items under the Medical Benefits Schedule – application under ss 5 and 6 of the Administrative Decisions (Judicial Review) Act 1977 (Cth) – application under s 39B of the Judiciary Act 1903 (Cth) – error of laws – asking incorrect question – failure to have regard to relevant consideration – taking into account irrelevant consideration – legal unreasonableness – application dismissed HEALTH LAW – Health Insurance Act 1973 (Cth) – "inappropriate practice" within the meaning of s 82(1) – record-keeping requirements referred to in s 82(3) – construction and meaning of items under MBS

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5 and 6 Health Insurance Act 1973 (Cth) ss 3, 4, 4A, 4AA, 9, 10, 81, 82, 86, 93, 95, 101, 103, 105A, 106, 106K, 106KD, 106KE, 106H, 106L, 106U Health Insurance (Diagnostic Imaging Services Table) Regulation 2014 (Cth) reg 1.2.12 Health Insurance (Diagnostic Imaging Services Table) Regulation 2015 (Cth) reg 1.2.12 Health Insurance (General Medical Services Table) Regulation 2014 (Cth) reg 1.2.3 Health Insurance (General Medical Services Table) Regulation 2015 (Cth) reg 1.2.3 Health Insurance (Professional Services Review) Regulations 1999 (Cth) reg 5 Judiciary Act 1903 (Cth) s 39B