Dik v Director of Professional Services Review [2024] FCA 370

FEDERAL COURT OF AUSTRALIA

Dik v Director of Professional Services Review [2024] FCA 370 File number: NSD 632 of 2023

Judgment of: RAPER J

Date of judgment: 16 April 2024

Catchwords: ADMINISTRATIVE LAW – application to review a decision made by the Determining Authority to make directions that the applicant be repay benefits for Medicare Benefit Schedule items for which he was found to have engaged in inappropriate practice and be disqualified for 18 months under s 106U of the Health Insurance Act 1973 (Cth) – whether Determining Authority's directions were unreasonable – whether Determining Authority failed or constructively failed to consider submissions – whether Determining Authority should have had particular evidence that was before the Professional Services Review Committee before it for consideration – whether Determining Authority fell into error by adopting certain of the Committee's findings – whether extension of time should be granted where application for judicial review of Committee's decision filed 388 days after applicant had been given notice of that decision and after Determining Authority had made its decision – whether Committee erred by relying on flawed samples – whether Committee relied on incomplete information or records about consultations – whether Committee applied incorrect approach to assessing what would be acceptable to the general body of the profession – whether Committee failed to give reasons in respect of exceptional circumstances – whether Committee was biased or denied the applicant procedural fairness – application dismissed

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5, 5(1)(e), 5(2)(g), 11(1), 11(3), 15(1)(b) Health Insurance Act 1973 (Cth) ss 79A, 79A(b), 80, 80(2), 80(3), 80(6), 80(7), 80(10), 82, 82(1), 82(1)(d), 83, 86, 93, 93(1), 93(6) 106L, 106K, 106K(2), 106L(3)(a), 106SA, 106SA(2), 106T, 106T(1A), 106TA, 106TA(1), 106TA(2), 106TB, 106U(1)(cb), 106U(1)(g)(i), 106U(1)(h), 106V(1), 106V(2) Federal Court Rules 2011 (Cth) r 2.25(3) Health Insurance (Professional Services Review Scheme) Regulations 2019 (Cth) r 7 Health Insurance (Professional Services Review) Regulations 1999 (Cth)