Health Insurance Amendment Regulations 2004 (No. 4) (Cth)

Health Insurance Amendment Regulations 2004 (No. 4)1

Statutory Rules 2004 No. 1252

I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Health Insurance Act 1973.

Dated 10 June 2004

P. M. JEFFERY

Governor-General

By His Excellency’s Command

TONY ABBOTT

Minister for Health and Ageing

1Name of Regulations

These Regulations are the Health Insurance Amendment Regulations 2004 (No. 4).

2Commencement

These Regulations commence on the date of their notification in the Gazette.

3Amendment of Health Insurance Regulations 1975

Schedule 1 amends the Health Insurance Regulations 1975.

Schedule 1Amendment

(regulation 3)

[1]After regulation 3

insert

3AHealth services not specified in an item (Act s 3C)

1. (1)

   For paragraph (b) of the definition of health service in subsection 3C (8) of the Act, a service is prescribed if:

   1. (a)

      it is a service of a kind mentioned in the table in this subregulation; and

   2. (b)

      it is provided by a person who is an allied health professional in relation to the provision of services of that kind.

Item	Service
1	Aboriginal or Torres Strait Islander health
2	Audiology
3	Chiropody
4	Chiropractic
5	Dietetics
6	Mental health
7	Occupational therapy
8	Osteopathy
9	Physiotherapy
10	Podiatry
11	Psychology
12	Speech pathology

1. (2)

   For paragraph (1) (b), a person is an allied health professional in relation to the provision of a service of a kind mentioned in the table in subregulation (1) if:

   1. (a)

      in the case of a service that is provided in a State or Territory in which the provision of services of that kind is prohibited by persons who are not registered or licensed under a State or Territory law to provide such services:

      1. (i)

         the person is registered or licensed under a law of a State or Territory to provide services of that kind; and

      2. (ii)

         the requirements (if any) specified in a written determination made by the Minister for the purposes of this subparagraph are met in relation to the person; and

   2. (b)

      in the case of a service to which paragraph (a) does not apply, but in relation to which uniform national registration requirements set by a professional association apply:

      1. (i)

         the person is a member of the relevant professional association; and

      2. (ii)

         the requirements (if any) specified in a written determination made by the Minister for the purposes of this subparagraph are met in relation to the person; and

   3. (c)

      in the case of a service to which neither paragraph (a) nor (b) applies — the requirements (if any) specified in a written determination made by the Minister for the purposes of this paragraph are met in relation to the person.

2. (3)

   A determination under subparagraph (2) (a) (ii) or (b) (ii) or paragraph (2) (c) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

Notes

1. These Regulations amend Statutory Rules 1975 No. 80, as amended by 1975 Nos. 118, 125 and 135 (disallowed by the Senate on 4 September 1975); 1976 Nos. 202, 214 and 215; 1977 Nos. 26 and 44; 1978 Nos. 95 and 177; 1979 No. 230; 1981 Nos. 198 and 317; 1982 Nos. 157, 251 and 287; 1983 Nos. 106, 231, 253 and 255; 1984 Nos. 5 and 162; 1985 Nos. 36, 50, 95, 205 and 290 (disallowed by the Senate at the expiration of 10 April 1986); 1986 Nos. 19, 20, 87 and 326; 1987 Nos. 32, 163 and 166; 1988 No. 314; 1989 Nos. 6, 54, 117 and 293; 1990 No. 25; 1991 Nos. 82, 314, 365 and 441; 1992 Nos. 42, 111, 239, 335 and 431; 1993 Nos. 106, 130 and 154; 1994 Nos. 20, 27, 111, 137, 138, 328 and 413; 1995 Nos. 9, 25, 287, 300 and 409; 1996 Nos. 231, 234, 235, 335 and 336; 1997 Nos. 61, 287, 300, 319 and 395; 1998 Nos. 44, 125, 138, 204, 220, 253, 268, 370, 371 and 372; 1999 Nos. 48, 88, 157, 176, 254, 343 and 344; 2000 Nos. 146 and 290; 2001 Nos. 272, 273, 274, 275, 290 and 342; 2002 Nos. 246 and 261; 2003 Nos. 87, 254, 356 and 357; 2004 Nos. 46, 75 and 110.

2. Notified in the Commonwealth of Australia Gazette