Dimian v Health Insurance Commission [2005] FCAFC 200

Dimian v Health Insurance Commission [2005] FCAFC 200

The appeal failed because s 92 did not oblige the Director to offer or provide an opportunity for an agreement before establishing a Professional Services Review Committee; the Director had in any event informed the appellant that entering into an agreement under s 92 was one available option, the appellant did not seek such an agreement before the Committee was established, and there was no evidence that the Director failed to have regard to s 92. The issue was also determined by the Full Court's reasons in Oreb v Willcock [2005] FCAFC 196.

Jurisdiction
Australia
Judgment Date
16 September 2005
Procedural Posture
Administrative Law Appeal Concerning Review of Decisions Under Part VAA of the Health Insurance Act 1973 (cth) / Appeal From a Single Judge of the Federal Court of Australia; Leave to Appeal From an Interlocutory Order Had Been Obtained
Outcome
Appeal dismissed with costs.
Legal Topics
['professional Services Review' 'inappropriate Practice' 'judicial Review' 'health Insurance Act 1973 (cth) S 92' 'referral to Professional Services Review Committee']
['administrative Law' 'health Insurance'] ['professional Services Review' 'inappropriate Practice' 'judicial Review' 'health Insurance Act 1973 (cth) S 92' 'referral to Professional Services Review Committee']

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Procedural Posture

Administrative Law Appeal Concerning Review of Decisions Under Part VAA of the Health Insurance Act 1973 (cth) / Appeal From a Single Judge of the Federal Court of Australia; Leave to Appeal From an Interlocutory Order Had Been Obtained

Legal Issues

  1. 1 ["Whether the Director of Professional Services Review's decision to set up Professional Services Review Committee No. 169 without first giving the appellant an opportunity to enter into an agreement under s 92 of the Health Insurance Act 1973 (Cth) was contrary to s 92 and should be quashed." 'Whether there was evidence that the Director failed to have regard to s 92 in making the decision to set up the Professional Services Review Committee.']

Ratio Decidendi

The appeal failed because s 92 did not oblige the Director to offer or provide an opportunity for an agreement before establishing a Professional Services Review Committee; the Director had in any event informed the appellant that entering into an agreement under s 92 was one available option, the appellant did not seek such an agreement before the Committee was established, and there was no evidence that the Director failed to have regard to s 92. The issue was also determined by the Full Court's reasons in Oreb v Willcock [2005] FCAFC 196.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed.' "The appellant pay the second respondent's costs of the appeal."]