26 Oct 2005
O'LEARY V HEALTH FUNDING AUTHORITY CA CA167/04
- Citation
- openlaw-65764d44_a15e_4632_91f4_b5e68855fb18.pdf
- Court
- Court of Appeal
The Court held that under the terms of the s 51 Notice the requirement to record consultation details in the Daily Record is an integral element of a 'Consultation' and thus of the entitlement to GMS subsidy; absence of the prescribed record means the service was not provided in accordance with the Notice and the Authority may seek recovery or disallowance; the High Court was wrong to remit the matter for further consideration under cl 5 and the Authority's use of the Advisory Committee process under cl 7 was appropriate.