Crowley v Holmes [2002] FCA 1585

Crowley v Holmes [2002] FCA 1585

The investigative referral was not invalid because, despite attached practice statistics covering a wider period, the instrument clearly referred only to conduct and services from 1 January 2000 to 31 October 2000. The adjudicative referral was not invalid and did not presently give rise to a reasonable apprehension of bias merely because it included contentious material: the Committee had not yet shown any improper use of the material, its counsel stated that prior conduct material would not be taken into account, the applicant could make legal submissions at the hearing and submissions on a draft report, and the issues before the Committee were clear and limited. Any implied requirement...

Jurisdiction
Australia
Judgment Date
18 December 2002
Procedural Posture
Application to Prevent a Professional Services Review Committee Constituted Under the Health Insurance Act 1973 (cth) From Proceeding to Consider Whether the Applicant Engaged in Inappropriate Practice / Final Judgment on Application
Outcome
Application dismissed with costs.
Legal Topics
['professional Services Review' 'health Insurance Act 1973 (cth)' 'investigative Referral' 'adjudicative Referral' 'natural Justice' 'reasonable Apprehension of Bias' 'inappropriate Practice' 'prescribed Pattern of Services']
['administrative Law' 'health Law'] ['professional Services Review' 'health Insurance Act 1973 (cth)' 'investigative Referral' 'adjudicative Referral' 'natural Justice' 'reasonable Apprehension of Bias' 'inappropriate Practice' 'prescribed Pattern of Services']

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Procedural Posture

Application to Prevent a Professional Services Review Committee Constituted Under the Health Insurance Act 1973 (cth) From Proceeding to Consider Whether the Applicant Engaged in Inappropriate Practice / Final Judgment on Application

Legal Issues

  1. 1 ['Whether the investigative referral was invalid for failing to comply with s 86(2) of the Health Insurance Act 1973 (Cth) because it included practice statistics outside the two year period immediately preceding the referral.' 'Whether the adjudicative referral created a reasonable apprehension of bias because it included prior conduct material and practice statistics said to be irrelevant and prejudicial.' 'Whether the adjudicative referral was invalid under s 93 of the Health Insurance Act 1973 (Cth) because it included irrelevant and prejudicial material.']

Ratio Decidendi

The investigative referral was not invalid because, despite attached practice statistics covering a wider period, the instrument clearly referred only to conduct and services from 1 January 2000 to 31 October 2000. The adjudicative referral was not invalid and did not presently give rise to a reasonable apprehension of bias merely because it included contentious material: the Committee had not yet shown any improper use of the material, its counsel stated that prior conduct material would not be taken into account, the applicant could make legal submissions at the hearing and submissions on a draft report, and the issues before the Committee were clear and limited. Any implied requirement...

Court Disposition

Application dismissed with costs.

Orders

  • ['The application is dismissed.' "The applicant is to pay the respondents' costs of the application."]