Barnes v Director of Professional Services Review [2023] FCA 129

Federal Court of Australia

Barnes v Director of Professional Services Review [2023] FCA 129 File number(s): NSD 1182 of 2021

Judgment of: BURLEY J

Date of judgment: 24 February 2023

Catchwords: ADMINISTRATIVE LAW – judicial review – Professional Services Review Scheme under Part VAA of the Health Insurance Act 1973 (Cth) – application for review of decision by the Director of Professional Services Review to establish a Professional Services Review Committee to investigate whether the applicant general practitioner had engaged in inappropriate practice – whether the Director denied the applicant procedural fairness or natural justice when purporting to determine what action to take under section 89C of the Health Insurance Act 1973 (Cth) and decide to set up the committee – whether the Director's decisions were legally unreasonable – application dismissed

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5, 6 Health Insurance Act 1973 (Cth) ss 79A, 82, 86, 88A, 88B, 89B, 89C, 90, 91, 92, 92A, 93, 95, 101, 106KD, 106L, 106SA, 106T, 106TA, 106U, Pt VAA Judiciary Act 1903 (Cth) s 39B

Cases cited: Applicant VEAL of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCA 72; 225 CLR 88 BHL19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 94; 277 FCR 420 CNY17 v Minister for Immigration [2019] HCA 50; 268 CLR 76 Commissioner for Australian Capital Territory Revenue v Alphaone [1994] FCA 293; 49 FCR 576 Daniel v Kelly [2003] FCA 772; 200 ALR 379 Darnell v Stoneheath Pty Ltd [2022] FCAFC 76 Dimian v Health Insurance Commission [2005] FCAFC 200 Huddleston v Aboriginal Land Commissioner [2010] FCAFC 66; 184 FCR 551 Karmakar v Minister for Health (No 2) [2021] FCA 916 Kioa v West [1985] HCA 81; 159 CLR 550 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; 264 CLR 421 Minister for Immigration and Border Protection v WZARH [2015] HCA 40; 256 CLR 326 Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332 Minister for Immigration and Citizenship v SZGUR [2011] HCA 1; 241 CLR 594 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; 206 CLR 323 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v CQZ15 [2021] FCAFC 24; 284 FCR 455 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17 National Home Doctor Service Pty Ltd v Director of Professional Services Review [2020] FCA 386; 276 FCR 338 Oreb v Willcock [2005] FCAFC 196; 146 FCR 237 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam [2003] HCA 6; 214 CLR 1 Tisdall v Kelly [2005] FCA 365; 219 ALR 152 Yoong v The Chief Executive of Medicare [2021] FCA 701