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Applied Medical Australia Pty Ltd v Minister for Health [2016] FCA 35

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ADMINISTRATIVE LAW - private health insurance - Private Health Insurance (Prostheses) Rules - source of power to vary or revoke Rules for prostheses already listed - decision not to vary or revoke Rules for the relevant subgroup - whether decision of an administrative character or of a legislative character - whether duty to consider submission to vary or revoke Rules for prostheses already listed - whether decision made without any, or any adequate, evidence - whether decision so unreasonable that no reasonable decision-maker could have so exercised the power - whether decision-maker took into account irrelevant considerations or failed to take into account relevant considerations - whether methodology or policy in setting a minimum benefit for comparable products lawful - whether improper exercise of a discretionary power in accordance with a rule or policy without regard to the merits of the particular case - Private Health Insurance Act 2007 (Cth) ss 72-10, 333-20 - Private Health Insurance (Prostheses) Rules 2015 (No 1) (Cth) HEALTH LAW - private health insurance - Private Health Insurance (Prostheses) Rules - source of power to vary or revoke Rules for prostheses already listed - decision not to vary or revoke Rules for the relevant subgroup - whether decision of an administrative character or of legislative character - whether duty to consider submission to vary or revoke Rules for prostheses already listed - whether decision made without any, or any adequate, evidence - whether decision so unreasonable that no reasonable decision-maker could have so exercised the power - whether decision-maker took into account irrelevant considerations or failed to take into account relevant considerations - whether methodology or policy in setting a minimum benefit for comparable products lawful - whether improper exercise of a discretionary power in accordance with a rule or policy without regard to the merits of the particular case - Private Health Insurance Act 2007 (Cth) ss 72-10, 333-20 - Private Health Insurance (Prostheses) Rules 2015 (No 1) (Cth)

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