Chambers v Chief Executive Medicare [2022] FCA 1164

Federal Court of Australia

Chambers v Chief Executive Medicare [2022] FCA 1164 File number: QUD 424 of 2021

Judgment of: RANGIAH J

Date of judgment: 30 September 2022

Catchwords: SOCIAL SECURITY LAW – Application for review of decision of Chief Executive Medicare under s 20(1) of the Health Insurance Act 1973 (Cth) to refuse payment of Medicare rebate to the applicant – where decision not reviewable by the Administrative Appeals Tribunal – where Medicare rebate is not a social security benefit or social security periodic payment – where applicant alleged apprehended bias on part of President of AAT – where no such bias established – proceeding dismissed

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 42A(4), 25(1) Health Insurance Act 1973 (Cth) Part II, ss 3, 4AA, 10, 20(1) Health Insurance (Section 3C Diagnostic Imaging – Cardiac MRI for Myocarditis) Determination 2021 (Cth) Health and Other Services (Compensation) Act 1995 (Cth) Health Insurance Regulations 2018 (Cth) Health Insurance (Diagnostic Imaging Services Table) Regulations (No. 2) 2020 (Cth) Social Security Act 1999 (Cth) s 23 Social Security (Administration) Act 1999 (Cth) ss 3, 139, 142, 144, Sch 1

Cases cited: Australian Competition and Consumer Commission v CG Berbatis Holdings Pty Ltd (1999) 95 FCR 292 Collector of Customs (NSW) v Brian Lawlor Automotive Pty Ltd (1979) 24 ALR 307 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337 Luck v University of Southern Queensland [2008] FCA 1582 Re Adams and Tax Agents Board (1976) 1 ALD 251 Re Staats and National Archives of Australia (2009) 50 AAR 147; [2009] AATA 58 Shi v Migration Agents Registration Authority (2008) 235 CLR 286 Trajkovski v Telstra Corporation Ltd (1998) 81 FCR 459 Wong v Commonwealth (2009) 236 CLR 573