Recent Cases

Raiz v Director of Professional Services Review [2024] FCAFC 91 (05 July 2024) (Goodman, O’Sullivan and McElwaine JJ)


Catchwords:


ADMINISTRATIVE LAW- appeal from primary judge who dismissed judicial review application concerning appointment of a Professional Services Review Committee to investigate potential inappropriate conduct under Part VAA of the Health Insurance Act 1973 (Cth) whether appellant’s submissions were considered by the Director before deciding to establish the Committee- appellant failed to discharge burden of establishing that submissions were not considered.

ADMINISTRATIVE LAW- where Committee conducted hearings when the Chairperson was absent for three days- statutory requirement for a quorum at meetings of a committee- whether quorum requirement extends to hearings- held Committee not lawfully constituted- appellant not barred from seeking relief by reason of delay- appeal allowed