Raymon v Professional Services Review Committee No 1280 [2024] FCA 49

Federal Court of Australia

Raymon v Professional Services Review Committee No 1280 [2024] FCA 49 File number: VID 456 of 2022

Judgment of: MOSHINSKY J

Date of judgment: 7 February 2024

Catchwords: ADMINISTRATIVE LAW – application for judicial review of administrative decision – final report of professional services review committee under Health Insurance Act 1973 (Cth) – general practitioner – where the committee found that the practitioner had engaged in inappropriate practice in connection with providing services – whether the committee denied the applicant procedural fairness – whether the committee failed to observe required procedures – whether the committee engaged in an improper exercise of power – whether the committee erred in law – whether there was no evidence to justify the decision

Legislation: Acts Interpretation Act 1901 (Cth), s 7 Administrative Decisions (Judicial Review) Act 1977 (Cth), ss 5, 6 Health Insurance Act 1973 (Cth), ss 79A, 81, 82, 87, 88A, 89C, 91, 92, 93, 97, 98, 101, 102, 103, 106, 106A, 106F, 106G, 106GA, 106H, 106K, 106KD, 106L, 106M, 106XB

Cases cited: Briginshaw v Briginshaw [1938] HCA 34; 60 CLR 336 G v H [1994] HCA 48; 181 CLR 387 Karakatsanis v Racing Victoria Ltd [2013] VSCA 305; 42 VR 176 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd [1992] HCA 66; 110 ALR 449 O'Reilly v Law Society of New South Wales (1988) 24 NSWLR 204 Sullivan v Civil Aviation Safety Authority [2014] FCAFC 93; 226 FCR 555 Tarrant v Australian Securities and Investments Commission [2015] FCAFC 8; 317 ALR 328 Traill v McRae [2002] FCAFC 235; 122 FCR 349