Yoong v The Chief Executive of Medicare [2021] FCA 701

Yoong v The Chief Executive of Medicare [2021] FCA 701

The decisions of the Chief Executive under s 86(1) and the Director under s 88A(2) of the Health Insurance Act 1973 (Cth) are preliminary steps that do not themselves affect the applicant's substantive rights or interests and are not reviewable under the ADJR Act or susceptible to certiorari under the Judiciary Act; procedural fairness is not required at that stage; the Chief Executive's delegate gave appropriate consideration to the available material and explanations; no relevant or irrelevant considerations were mishandled; and the decisions were not legally unreasonable.

Parties
Applicant: Matthew Yoong; First Respondent: The Chief Executive of Medicare; Second Respondent: Director, Professional Services Review
Jurisdiction
Australia
Judgment Date
25 June 2021
Procedural Posture
Application for Judicial Review / Final Judgment
Outcome
Application dismissed with costs (to first respondent).
Legal Topics
Judicial Review, Procedural Fairness, Health Insurance Act 1973 (cth), Unreasonableness, Relevant and Irrelevant Considerations, Reviewability Under ADJR Act, Reviewability Under Judiciary Act 1903
Administrative Law Judicial Review Procedural Fairness Health Insurance Act 1973 (cth) Unreasonableness Relevant and Irrelevant Considerations Reviewability Under ADJR Act Reviewability Under Judiciary Act 1903

Case Brief

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Parties

Matthew Yoong

Applicant

The Chief Executive of Medicare

First Respondent

Director, Professional Services Review

Second Respondent

Procedural Posture

Application for Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether decisions under s 86(1) and s 88A(2) of the Health Insurance Act 1973 (Cth) are reviewable under the Administrative Decisions (Judicial Review) Act 1977 (Cth) or Judiciary Act 1903 (Cth)
  2. 2 Whether procedural fairness was required or denied in the decision-making process
  3. 3 Whether relevant and irrelevant considerations were properly taken into account

Ratio Decidendi

The decisions of the Chief Executive under s 86(1) and the Director under s 88A(2) of the Health Insurance Act 1973 (Cth) are preliminary steps that do not themselves affect the applicant's substantive rights or interests and are not reviewable under the ADJR Act or susceptible to certiorari under the Judiciary Act; procedural fairness is not required at that stage; the Chief Executive's delegate gave appropriate consideration to the available material and explanations; no relevant or irrelevant considerations were mishandled; and the decisions were not legally unreasonable.

Court Disposition

Application dismissed with costs (to first respondent).

Orders

  • The proceeding is dismissed.
  • The applicant pay the first respondent's costs of the proceeding.