Amir v Director of Professional Services Review [2021] FCA 745

Amir v Director of Professional Services Review [2021] FCA 745

The Director's 4 April 2019 email to staff did not constitute a decision to undertake the review for ss 88A(1) and 94(1) because it was not shown to be final and irrevocable; the best evidence of an externally manifested irrevocable decision was the 16 April 2019 letter to Dr Amir. With the 9 day extension, s 94(1) had not deemed a no further action decision before the 14 April 2020 referral, so the Director had power to set up and refer Dr Amir to a committee.

Jurisdiction
Australia
Judgment Date
02 July 2021
Procedural Posture
Application for Judicial Review / Originating Application for Judicial Review of Decision to Set Up and Refer Applicant to a Committee Under S 93(1) of the Health Insurance Act 1973 (cth)
Outcome
Application dismissed with costs.
Legal Topics
['professional Services Review Scheme' 'meaning of Decision' 'decision Must Be Externally Manifested, Irrevocable and Final' 'health Insurance Act 1973 (cth) S 94(1) Time Limit' 'judicial Review of Referral to Committee']
['administrative Law' 'statutory Interpretation' 'health Law'] ['professional Services Review Scheme' 'meaning of Decision' 'decision Must Be Externally Manifested, Irrevocable and Final' 'health Insurance Act 1973 (cth) S 94(1) Time Limit' 'judicial Review of Referral to Committee']

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Procedural Posture

Application for Judicial Review / Originating Application for Judicial Review of Decision to Set Up and Refer Applicant to a Committee Under S 93(1) of the Health Insurance Act 1973 (cth)

Legal Issues

  1. 1 ['Whether the Director decided to undertake a review on 4 April 2019 or 16 April 2019 for the purposes of ss 88A(1) and 94(1) of the Health Insurance Act 1973 (Cth).' "Whether, before the Director's 14 April 2020 referral under s 93(1), the Director was taken by s 94(1) to have made a decision to take no further action in relation to the review." 'Whether the Director had power on 14 April 2020 to set up and refer Dr Amir to a committee.']

Ratio Decidendi

The Director's 4 April 2019 email to staff did not constitute a decision to undertake the review for ss 88A(1) and 94(1) because it was not shown to be final and irrevocable; the best evidence of an externally manifested irrevocable decision was the 16 April 2019 letter to Dr Amir. With the 9 day extension, s 94(1) had not deemed a no further action decision before the 14 April 2020 referral, so the Director had power to set up and refer Dr Amir to a committee.

Court Disposition

Application dismissed with costs.

Orders

  • ['The originating application be dismissed.' "The applicant pay the first and third respondents' costs as agreed or taxed."]