Govt free to appeal PSR court decision

The decision cast doubt over dozens more findings that had forced doctors to repay more than $5 million to Medicare.

The Federal Court decision was based on the failure of the health department to properly consult with the AMA on the appointment of panel members and directors.

The court found the appointment of three PSR deputy directors without AMA approval rendered the findings of committees chaired by those directors invalid.

Solicitor Andrew Davey, who acted for two of the doctors involved, said at the time the decision was directly applicable only to the five committee findings in question, but the appointment process for a large number of PSR panel members between 2005 and 2009 had also been shown to be questionable.

Government lawyers began the appeal process in the High Court in August last year and were granted leave to appeal on Friday (10 February).