Norouzi v The Director of the Professional Services Review Agency

The applicant, Dr. Norouzi, sought judicial review of decisions made by the Professional Services Review Committee (the committee) and the Determining Authority under the Professional Services Review Scheme established by Part VAA of the Health Insurance Act 1973 (Cth). The committee found that Dr. Norouzi engaged in inappropriate practice, as defined in section 82 of the Act, and the Determining Authority subsequently directed that he be reprimanded, counselled, partially disqualified, and required to repay a specific amount. Dr. Norouzi filed his application for judicial review 183 days after being notified of the committee's decision and after the Determining Authority had made its decision.

The court had to determine whether an extension of time should be granted under the Administrative Decisions (Judicial Review) Act 1977 (Cth) and whether relief should be refused as a matter of discretion on the basis of the delay in respect of the committee’s decision. Additionally, the court examined whether the committee's decision involved an error of law, a breach of the rules of natural justice, and whether the Determining Authority misunderstood its function in relation to section 106U(1)(cb) of the Act. The court also assessed whether the Determining Authority’s directions regarding the repayment of the whole amount and the partial disqualification were legally unreasonable.

The court found that the application for an extension of time and the application for orders in respect of the second respondent's decision were dismissed. Regarding the Determining Authority’s final determination, the court quashed the direction that Dr. Norouzi repay the amount of $459,555.55 and remitted the question of whether he should be directed to repay, in whole or in part, this amount back to the Determining Authority for reconsideration according to law. The court dismissed the application for orders in respect of the Determining Authority's decision, except as stated.

The court's final orders included dismissing the application for an extension of time and the application for orders in respect of the committee's decision, quashing the direction for repayment of the specified amount, and remitting the repayment question back to the Determining Authority. All other applications for orders under the relevant acts were dismissed.