Raiz v Director of Professional Services Review (No 2) [2023] FCA 1293

Federal Court of Australia

Raiz v Director of Professional Services Review (No 2) [2023] FCA 1293 File number(s): QUD 42 of 2022

Judgment of: SARAH C DERRINGTON J

Date of judgment: 30 October 2023

Catchwords: ADMINISTRATIVE LAW – application for judicial review of a decision of Director of Professional Services Review to refer the applicant to a Professional Services Review Committee to investigate potential inappropriate conduct under Part VAA Health Insurance Act 1973 (Cth) – whether referral made in breach of s 89C of the Act – whether Director failed to take applicant's submissions into account ADMINISTRATIVE LAW – application for judicial review of a decision of Director to refer the applicant to a Committee to investigate potential inappropriate conduct under Part VAA of the Act – whether Director ought to have recused herself from the applicant's case on the basis of apprehended bias – where Director's husband participated in unrelated internal hospital inquiry concerning the applicant – whether mere fact of marriage sufficient to raise a reasonable apprehension of bias – whether any logical connection between matters to be decided by the Director and the matters said to be likely to have infected the decision-making process ADMINISTRATIVE LAW – application for judicial review of decision of a Committee to issue a draft report under s 106KD of the Act – whether constitution of Committee rendered unlawful under s 96A when chairperson was absent from half the meetings – whether applicant was denied procedural fairness – whether Committee took into account irrelevant considerations – whether Committee failed to take into account relevant considerations – whether draft report unreasonable at law STATUTORY INTERPRETATION – construction of s 89C of the Act – meaning of "make a referral" – whether time for taking submissions into account is prior to making a referral or prior to deciding to make a referral – whether any alleged prior decision sufficiently unequivocal and irrevocable