Barristers and Solicitors
Ph: 1300 302 604

Our Services

Mulcahys assists members of the medical profession in their dealings with the Professional Services Review (PSR) which is an authority established by the Federal Government to examine the conduct of Health practitioners to determine whether or not they have:

• practised improperly in relation to services which attract Medicare rebates ; or
• prescribed inappropriately under the Pharmaceutical Benefits Scheme

There are a number of ways that we may assist;-

Advice

We can assist you by the provision of written advice in relation to the following matters;

1. Evidence.

   We can advise you of the evidence which should be collated for presentation to the Director in a submission or for presentation to a Committee at the hearing.
    

2. Defences.

   We can advise you of possible defences open to you in the Federal Court of Australia and/or at the Committee hearing.

   It may be possible to challenge the validity of a referral. The question of the validity involves an examination of the provisions of the Health Insurance Act 1973 and the application of the facts which have arisen in a particular case, together with the way in which the Referral is structured.

   There is a provision in the Health Insurance Act 1973 and the Health Insurance (Professional Services Review) Regulations 1999 that caters for the situation where there are exceptional circumstances that affect the rendering or initiating of services on a particular day or particular days, which renders the conduct of the practitioner immune from a finding of inappropriate practice.
    

3. Penalty

   We can advise you of the likely penalty that may be faced by you if found guilty of inappropriate practice.
    

4. Data Analysis

   We can assist you in an analysis of HIC data.

   Doctors practising in socially disadvantaged areas might be mistakenly identified as high prescribers.

Submissions

We can assist you in the preparation of a submission, which can be provided to the Director of the Professional Services Review, to the Members of the Professional Services Review Panel or to the Determining Authority.

Negotiations

We can assist you in your negotiations with the Director. After an investigation, the Director may dismiss a referral or negotiate an agreement.

Hearing Representation

We can assist you by attending the hearing. During the course of the hearing we are permitted to;-

• advise you;
• address the Committee on questions of law;
• make a final address to the Committee on questions of law, the conduct of the hearing and the merits of the maters to which the hearing relates.

The Committee will have the benefit of legal advice during the course of the hearing.