Federal Court of Australia
FEDERAL COURT OF AUSTRALIA Hamor v Determining Authority [2023] FCA 267 File number(s): NSD 630 of 2021
Judgment of: GOODMAN J
Date of judgment: 27 March 2023
Catchwords: ADMINISTRATIVE LAW – judicial review – professional services scheme under Part VAA of the Health Insurance Act 1973 (Cth) – Determining Authority, acting on the findings of inappropriate practice by the applicant made by a Professional Services Review Committee, made decisions disqualifying the applicant for one year with respect to MBS item 12250 and requiring the applicant to pay $1,959,718.75 being the Medicare benefits that were paid for the MBS item 12250 services in connection with which the applicant engaged in inappropriate practices – decisions challenged on the bases of legal unreasonableness and findings made without evidence – application dismissed
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth), s 5 Health Insurance Act 1973 (Cth), ss 19, 79A, 81, 82, 85, 86, 93, 95, 101, 106K, 106L, 106SA, 106T, 106TA, 106U, 106ZPA, 106ZPR Judiciary Act 1903 (Cth), s 39B Health Insurance Regulations 1975 (Cth), reg 13
Cases cited: BHL19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 94; (2020) 277 FCR 420 Djokovic v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 3; (2022) 289 FCR 21 Hamor v Commonwealth of Australia [2020] FCA 1748 Hands v Minister for Immigration and Border Protection [2018] FCAFC 225; (2018) 267 FCR 628 Hickey v Australian Postal Corporation [2023] FCA 57 Kutlu v Director of Professional Services Review [2011] FCAFC 94; (2011) 197 FCR 177 Minister for Home Affairs v Omar [2019] FCAFC 188; (2019) 272 FCR 589 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; (1996) 185 CLR 259 Navoto v Minister for Home Affairs [2019] FCAFC 135 Norouzi v The Director of the Professional Services Review Agency [2020] FCA 1524 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17; (2022) 96 ALJR 497 Sevdalis v Director of Professional Services Review (No 2) [2016] FCA 433
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