Federal Court of Australia
Federal Court of Australia
Soryal v Director of Professional Services [2023] FCA 326 File number(s): QUD 416 of 2021
Judgment of: COLLIER J
Date of judgment: 12 April 2023
Catchwords: ADMINISTRATIVE LAW – judicial review of decision of Director of Professional Services Review to refer the applicant to a Professional Services Review Committee to investigate potential inappropriate conduct – Part VAA Health Insurance Act 1973 (Cth) – where applicant a registered dentist under Health Practitioner Regulation National Law – where applicant held Medicare Provider Number pursuant to the Health Insurance Regulations 2018 (Cth) – where applicant permitted his Medicare Provider Number to be used by third parties for flat retainer fee – where third parties engaged oral health therapists to provide services under Medicare Child Dental Benefits Scheme using applicant's Medicare Provider Number – where Director formed concerns regarding dental services provided under applicant's Medicare Dental Provider Number by oral health therapists – where applicant claimed he did not personally provide services subject of review – whether Director had jurisdiction to make referral – whether s 81(2) of Health Insurance Act 1973 (Cth) construed as encompassing supervision of services – application dismissed
Legislation: Dental Benefits Act 2008 (Cth) ss 3, 4 Health Insurance Act 1973 (Cth) Part VAA, ss 81(1), 81(2), 82, 82(2), 86, 88A, 88A(2), 88A(4), 88B, 88B(a), 88B(b), 89C, 89C(1), 89C(1)(b), 89C(1)(b)(i), 89C(2), 90, 90(1)(b), 91, 91(1), 93, 93(1), 93(1A), 93(6), 93(7B), 95(1), 95(1)(a), 95(1)(b), 95(1A), 98, 102, 105A, 106K, 106K(1) Health Legislation Amendment (Improved Medicare Compliance and Other Measures) Act 2018 (Cth) Health Insurance Regulations 2018 (Cth) Dental Benefits Rules 2014 (Cth) rr 6, 7 Federal Court Rules 2011 (Cth) r 8.21 Health Insurance (Professional Services Review – Sampling Methodology) Determination 2017 (Cth) Health Legislation (Professional Services Review) Amendment Bill 1993 (Cth) Health Practitioner Regulation National Law (Victoria) Act 2009 (Vic) Health Practitioner Regulation National Law Act 2009 (Qld)
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