Context
Doctor B had received written advice from askMBS which he believed was not only wrong, but likely illegal. He wanted to know if he could rely on the advice. Detailed Reasoning The Department of Health and Aged Care is not a law firm and cannot give legal advice. This is why all askMBS answers come with a comprehensive disclaimer. Only lawyers with a current practicing certificate are authorised to provide legal advice in this country. Medicare interpretation is legal advice. The below court decisions (even though one is about fishing!) make clear that relying on government advice in any setting will not protect you. Ignorance of the law is no excuse. High Court authority In the 2004 High Court case of Ostrowski v Palmer, Mr Palmer had obtained a commercial fishing licence and was found guilty of fishing for rock lobsters in a place where that was prohibited. However, before he did this, Mr Palmer had first sought advice from the relevant state government department, which led him to believe he was allowed to fish there. Mr Palmer raised this as a defence when the case was in court but was unsuccessful. The court held firm on the principle of ignorance being no excuse of the requirement to comply with law. The court stated: “Ignorance of the legal consequences that flow from the existence of the facts that constitute an offence is ordinarily not a matter of exculpation, although it may be a matter of mitigation, and in some circumstances...
