Recent Cases

Tonakie v Director of Professional Services Review [2024] FCAFC 60 (24 May 2024) (Charlesworth, Thawley and Jackson JJ)


Catchwords:


ADMINISTRATIVE LAW – where referral made within 12 months by Director of Professional Services Review under s 93(1) of the Health Insurance Act 1973 (Cth) to an invalidly constituted Committee to investigate whether the appellant engaged in inappropriate practice – where referral set aside by consent – whether Director had “referred the provision of one or more of the services to a Committee” within the meaning of s 94(1)(b)(iii) so as to disengage the deeming otherwise effected by s 94(1)(b) that the Director had decided to take no further action – held that Director had “referred the provision of one or more of the services to a Committee” such that statutory deeming was not engaged – appeal dismissed.