Kew v Director of Professional Services Review [2021] FCA 1607

Kew v Director of Professional Services Review [2021] FCA 1607

The Committee did not err in law, misconstrue the legislative scheme, or fail to consider relevant matters as alleged; its decisions were fact-based, made by expert peers on the records and evidence, and were rationally open to it. None of Dr Kew's grounds for review (misapplication of MBS items, record-keeping, statistical relevance, or distinction between infusion/injection) justified intervention on judicial review.

Parties
Applicant: Dr Jacqueline Kew; First Respondent: Director of Professional Services Review; Second Respondent: Professional Services Review Committee No 1059
Jurisdiction
Australia
Judgment Date
17 December 2021
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Application dismissed with costs
Legal Topics
Judicial Review, Professional Services Review, Health Insurance Act 1973 (cth), Medicare Benefits Schedule, Inappropriate Practice, Record Keeping Requirements, Interpretation of MBS Items
Administrative Law Health Law Judicial Review Professional Services Review Health Insurance Act 1973 (cth) Medicare Benefits Schedule Inappropriate Practice Record Keeping Requirements +1 more

Case Brief

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Parties

Dr Jacqueline Kew

Applicant

Director of Professional Services Review

First Respondent

Professional Services Review Committee No 1059

Second Respondent

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Professional Services Review Committee erred in finding inappropriate practice under the Health Insurance Act 1973 (Cth)
  2. 2 Whether the Committee misconstrued or misapplied the requirements of the Medicare Benefits Schedule items 104, 105, 18216, 18222
  3. 3 Whether the Committee failed to have regard to relevant considerations (including statistical evidence and ambiguity within the specialty)

Ratio Decidendi

The Committee did not err in law, misconstrue the legislative scheme, or fail to consider relevant matters as alleged; its decisions were fact-based, made by expert peers on the records and evidence, and were rationally open to it. None of Dr Kew's grounds for review (misapplication of MBS items, record-keeping, statistical relevance, or distinction between infusion/injection) justified intervention on judicial review.

Court Disposition

Application dismissed with costs

Orders

  • The originating application be dismissed.
  • The applicant pay the first respondent's costs of and incidental to her application.