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

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

The Court refused an extension of time (388 days out of time) for judicial review of the Committee's report and dismissed the application for judicial review of the Determining Authority's final determination. The Professional Services Review Committee acted within its statutory powers regarding sampling and evaluation, gave adequate reasons, considered exceptional and personal circumstances appropriately, and provided procedural fairness. The Determining Authority properly acted within its statutory function, considered all relevant submissions including financial arrangements, and its directions (repayment and disqualification) were not legally unreasonable in the administrative law...

Jurisdiction
Australia
Judgment Date
16 April 2024
Procedural Posture
Application for Judicial Review / Judgment After Hearing
Outcome
Application and extension of time dismissed with costs.
Legal Topics
['judicial Review' 'health Practitioner Regulation' 'medicare Benefit Schedule Items' 'professional Services Review Scheme' 'inappropriate Practice Findings' 'procedural Fairness' 'legal Unreasonableness' 'extension of Time']
['administrative Law'] ['judicial Review' 'health Practitioner Regulation' 'medicare Benefit Schedule Items' 'professional Services Review Scheme' 'inappropriate Practice Findings' 'procedural Fairness' 'legal Unreasonableness' 'extension of Time']

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Procedural Posture

Application for Judicial Review / Judgment After Hearing

Legal Issues

  1. 1 ["Whether Determining Authority's directions were unreasonable under the Health Insurance Act 1973 (Cth)" 'Whether Determining Authority failed or constructively failed to consider submissions' 'Whether Determining Authority should have considered particular evidence before the Committee' "Whether Determining Authority erred by adopting Committee's findings" "Whether extension of time should be granted for judicial review of Committee's decision filed 388 days late" 'Whether Committee erred by relying on flawed or incomplete samples' "Whether Committee applied incorrect approach to 'acceptable to the general body of the profession'" 'Whether Committee failed to give reasons in respect of exceptional circumstances' 'Whether Committee denied procedural fairness or was biased']

Ratio Decidendi

The Court refused an extension of time (388 days out of time) for judicial review of the Committee's report and dismissed the application for judicial review of the Determining Authority's final determination. The Professional Services Review Committee acted within its statutory powers regarding sampling and evaluation, gave adequate reasons, considered exceptional and personal circumstances appropriately, and provided procedural fairness. The Determining Authority properly acted within its statutory function, considered all relevant submissions including financial arrangements, and its directions (repayment and disqualification) were not legally unreasonable in the administrative law...

Court Disposition

Application and extension of time dismissed with costs.

Orders

  • ["The application for judicial review of the second respondent's final determination be dismissed." "The application for an extension of time for judicial review of the third respondent's final report be dismissed." "The applicant pay the first respondent's costs on an agreed or assessed basis."]