Govt moves to overrule court on PSR

The proposed legislation would safeguard more than $5 million in Medicare claims ordered to be repaid by doctors found by PSR committees to have practised inappropriately over the past five years. It would also prevent any further court challenges based on invalid appointment of committee members.

Four NSW GPs successfully challenged the validity of several panel appointments on the grounds the government had failed to consult the AMA as required by law. 

But a health department spokesperson has confirmed the government is drafting legislation to validate those appointments retrospectively.

Government lawyers seeking leave to appeal the court’s decision recently filed an affidavit containing details of the draft legislation with the High Court.

Though the documents are yet to be made public, barrister Mark Robinson, SC – acting for Sydney GP Dr Ali Kutlu – told the court: “We are told in the affidavit