Health Insurance Regulations 2018 (Cth)

Case

Health Insurance Regulations 2018

made under the

Health Insurance Act 1973

Compilation No. 8

Compilation date:   1 July 2020

Includes amendments up to:            F2020L00794

Registered:   29 July 2020

This compilation includes a commenced amendment made by F2020L00458

About this compilation

This compilation

This is a compilation of the Health Insurance Regulations 2018 that shows the text of the law as amended and in force on 1 July 2020 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1—Preliminary  1

1............ Name............................................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Definitions..................................................................................................................... 1

Part 2—Definitional material  4

Division 1—Participating midwives  4

5............ Participating midwives—specified collaborative arrangements and medical practitioners....... 4

6............ Midwife record‑keeping requirements for certain collaborative arrangements............... 5

Division 2—Participating nurse practitioners  7

7............ Participating nurse practitioners—specified collaborative arrangements and medical practitioners           7

8............ Nurse practitioner record‑keeping requirements for certain collaborative arrangements 8

Division 3—Definition of services  10

9............ Professional services—medical services rendered by approved dental practitioners... 10

10.......... Meaning of specialist trainee....................................................................................... 10

11.......... Professional services rendered by specialist trainees................................................... 10

12.......... Health service not specified in an item—meaning of health service............................. 10

Division 4—Recognition of medical practitioners as specialists and consultant physicians     12

13.......... Recognition of medical practitioner domiciled in Australia as specialist—meaning of relevant organisation and relevant qualification................................................................................................................. 12

14.......... Alternative method of recognition of medical practitioner domiciled in Australia as specialist or consultant physician—application fee.............................................................................................................. 12

15.......... Recognition of medical practitioner who is not domiciled in Australia—application fee 12

Division 5—General practitioners  13

Subdivision A—Recognised Fellows of the Royal Australian College of General Practitioners           13

16.......... Eligibility for determination as recognised Fellow of RACGP.................................... 13

17.......... Notice from RACGP to Chief Executive Medicare if RACGP does not consider applicant eligible for determination.................................................................................................................................... 13

18.......... Revocation of determination as recognised Fellow of RACGP................................... 13

Subdivision B—Vocationally registered general practitioners  13

19.......... ACRRM may give notice about applicant’s eligibility for vocational registration....... 13

19A....... Eligibility for vocational registration............................................................................ 13

20.......... Notice if professional body does not consider applicant eligible for vocational registration     14

21.......... ACRRM or Medical Board of Australia may give notice for removal from Vocational Register of General Practitioners.................................................................................................................................... 14

21A....... Requirement for removal from Vocational Register of General Practitioners.............. 14

Subdivision C—Recognised fellows of the Australian College of Rural and Remote Medicine            15

22.......... Determination as recognised Fellow of ACRRM........................................................ 15

23.......... Eligibility for determination as recognised Fellow of ACRRM................................... 15

24.......... Revocation of determination as recognised Fellow of ACRRM.................................. 16

Subdivision D—General practitioners for the purposes of section 20 of the Act           17

25.......... Medical practitioner who practises in general practice................................................. 17

Division 6—Register of Approved Placements  18

26.......... Specified bodies, courses and programs...................................................................... 18

27.......... Removal from the Register.......................................................................................... 20

Part 3—Medicare benefits  21

Division 1—Amount of medicare benefit  21

28.......... Entitlement to medicare benefit—services for which medicare benefit is 100% of Schedule fee              21

Division 2—Medicare benefits in relation to pathology services  23

Subdivision A—Simplified outline of this Division  23

29.......... Simplified outline of this Division............................................................................... 23

Subdivision B—Specifying services  23

30.......... Pathology service determined to be necessary by participating midwife...................... 23

31.......... Pathology service determined to be necessary by participating nurse practitioner....... 23

Subdivision C—Requirements for requests for pathology services  24

32.......... Purpose of Subdivision............................................................................................... 24

33.......... Information about requesting practitioner.................................................................... 24

34.......... Information about patient............................................................................................. 24

35.......... Information about pathology service........................................................................... 25

36.......... Requests that specify an approved pathology practitioner........................................... 25

37.......... Further requests........................................................................................................... 25

Division 3—Medicare benefits in relation to R‑type diagnostic imaging services 26

Subdivision A—Simplified outline of this Division  26

38.......... Simplified outline of this Division............................................................................... 26

Subdivision B—Specifying services for effective requests  26

39.......... Requests by dental practitioners.................................................................................. 26

40.......... Requests by chiropractors........................................................................................... 28

41.......... Requests by physiotherapists or osteopaths................................................................ 29

42.......... Requests by podiatrists................................................................................................ 29

43.......... Requests by participating midwives............................................................................ 29

44.......... Requests by participating nurse practitioners............................................................... 29

Subdivision C—Specifying services for pre‑existing diagnostic imaging practices      30

45.......... Exemption from subsection 16B(1) of the Act—pre‑existing diagnostic imaging practices     30

Division 4—Medicare benefits in relation to radiation oncology services           31

46.......... Meaning of radiation oncology service....................................................................... 31

Division 5—Particulars of professional services  32

47.......... Simplified outline of this Division............................................................................... 32

48.......... Purpose of Division.................................................................................................... 32

49.......... All services—particulars of patient, date of service and fees....................................... 32

50.......... All services—particulars of professional service rendered.......................................... 32

51.......... Most general medical services and Group P9 pathology services—particulars of person rendering service            33

52.......... Certain radiation or nuclear services—particulars of person rendering service and person claiming or receiving fees.................................................................................................................................... 33

53.......... Certain radiation oncology services—use of equipment.............................................. 34

54.......... Pathology services (other than Group P9)—particulars of person rendering service.. 34

55.......... Pathology services—other particulars......................................................................... 34

56.......... Diagnostic imaging services—particulars of person rendering service and person claiming or receiving fees         35

57.......... Diagnostic imaging services—other particulars........................................................... 36

58.......... Services provided upon referral................................................................................... 37

59.......... Multiple professional services in a single day............................................................. 38

60.......... Anaesthesia................................................................................................................. 38

Division 6—Professional services rendered by or on behalf of certain medical practitioners  40

61.......... Other circumstances in which subparagraphs 19AA(1)(b)(iv) and (2)(b)(iv) of the Act apply                40

62.......... Meaning of intern........................................................................................................ 40

Division 7—Payments to medical practitioners and approved billing agents      41

63.......... Circumstances for electronic payments to medical practitioners.................................. 41

64.......... Requirements for payments to specialists and consultant physicians........................... 41

65.......... Approved billing agents—application requirements and fee........................................ 42

Division 8—Eligible midwives  43

66.......... Meaning of eligible midwife—requirements................................................................ 43

Part 4—Special provisions relating to pathology  44

67.......... Giving notice of termination of undertaking................................................................ 44

68.......... Approved pathology authorities—other records of pathology services....................... 44

69.......... Offences in relation to request forms—branded pathology request forms................... 44

Part 5—Special provisions relating to diagnostic imaging services  46

70.......... Requests for diagnostic imaging services—information and form requirements......... 46

71.......... Medical practitioners rendering diagnostic imaging services—other records of services 47

72.......... Diagnostic Imaging Register—other information to be included in application for registration                47

73.......... Diagnostic Imaging Register—other information to be included on Register.............. 48

74.......... Primary information—types of diagnostic imaging equipment.................................... 48

75.......... Diagnostic imaging accreditation—information to be included on Diagnostic Imaging Register              49

Part 6—Prohibited practices in relation to pathology services and diagnostic imaging services           50

76.......... Meaning of permitted benefit—method for determining substantial difference from market value           50

77.......... Meaning of permitted benefit—method for determining market value......................... 50

Part 7—Radiation Oncology Register  51

78.......... Radiation Oncology Register—other information to be included in application for registration               51

79.......... Radiation Oncology Register—other information to be included on the Register........ 51

80.......... Primary information—types of radiation oncology equipment.................................... 51

Part 8—Health program grants  52

81.......... Form for application for approval as an organization under Part IV of the Act........... 52

82.......... Form for application for approval of health service..................................................... 52

Part 9—Medicare Participation Review Committees  53

83.......... Meaning of professional organisation........................................................................ 53

Part 10—Quality assurance confidentiality  54

Division 1—Quality assurance activities—application for declaration                54

84.......... Application for declaration that quality assurance activity is activity to which Part VC of the Act applies               54

Division 2—Quality assurance activities—public interest criteria  55

85.......... Purpose of Division.................................................................................................... 55

86.......... Disclosure of information about quality assurance activities....................................... 55

87.......... Quality assurance activities engaged in in a single State or Territory........................... 55

88.......... Quality assurance activities of a kind that has not previously been engaged in in Australia     56

89.......... Quality assurance activities of a kind that has previously been engaged in in Australia 56

Part 11—Miscellaneous provisions  57

Division 1—Charging of fees for provision of public hospital services to public patients        57

90.......... Circumstances in which fees must not be charged for provision of public hospital services to public patients        57

Division 2—Recovery of amounts  58

91.......... Recovery of debts due to the Commonwealth—prescribed rate of interest.................. 58

Division 3—Divulging and using information  59

92.......... Divulging information—treatment provided to veterans.............................................. 59

93.......... Divulging information—complaints and investigations............................................... 59

94.......... Professional disciplinary and regulatory bodies.......................................................... 61

Division 4—Manner of patient referrals  62

95.......... Purpose and application of Division............................................................................ 62

96.......... Who can make referral................................................................................................. 62

97.......... Requirement to consider need for referral.................................................................... 62

98.......... Requirements for form of referral................................................................................ 62

99.......... Requirements for contents of referral.......................................................................... 63

100........ Requirement to record certain referrals in hospital records.......................................... 63

101........ Receipt of referral by specialist or consultant physician.............................................. 63

102........ Period of validity for referrals..................................................................................... 64

Part 12—Application, saving and transitional provisions  66

Division 1—Transitional matters relating to the repeal of the Health Insurance Regulations 1975     66

103........ Things done under the Health Insurance Regulations 1975........................................ 66

Division 2—Application provision relating to the Health Insurance Amendment (General Practitioners) Regulations 2020  67

104........ Application of section 21A.......................................................................................... 67

Schedule 1—Specialists  68

1............ Organisations, specialties and qualifications................................................................ 68

Schedule 2—Forms  73

Form 1—Application for approval as an organization under Part IV of the Act  73

Form 2—Application for approval of a health service  74

Endnotes75

Endnote 1—About the endnotes  75

Endnote 2—Abbreviation key  76

Endnote 3—Legislation history  77

Endnote 4—Amendment history  78

Part 1—Preliminary

1  Name

This instrument is the Health Insurance Regulations 2018.

3  Authority

This instrument is made under the Health Insurance Act 1973.

4  Definitions

Note:          A number of expressions used in this instrument are defined in the Act, including the following:

(a)    consultant physician;

(b)    eligible midwife;

(c)    eligible nurse practitioner;

(d)    general practitioner;

(e)    medical practitioner;

(f)    participating midwife;

(g)    participating nurse practitioner;

(h)    specialist.

In this instrument:

accredited training: see subsection 23(4).

ACRRM means the Australian College of Rural and Remote Medicine.

Act means the Health Insurance Act 1973.

approved collection centre has the same meaning as in Part IIA of the Act.

authorised officer: see subsection 22(8).

diagnostic imaging provider: see subsection 70(5).

health practitioner means a person practising a profession that, under the Health Practitioner Regulation National Law, is regulated by a National Board.

Health Practitioner Regulation National Law means:

(a)  for a State or Territory other than Western Australia—the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 (Qld), as it applies (with or without modification) as a law of the State or Territory; or

(b)  for Western Australia—the Health Practitioner Regulation National Law (WA) Act 2010 (WA), so far as that Act corresponds to the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 (Qld).

hospital‑authorised medical practitioner means a medical practitioner employed or engaged by a hospital authority (within the meaning of subsection 84(1) of the National Health Act 1953) who is authorised by the hospital authority to participate in a collaborative arrangement with a midwife.

identification number, in relation to an approved collection centre, means the identification number allocated to the centre under section 23DNBB of the Act.

National Board means any of the following:

(a)  the Aboriginal and Torres Strait Islander Health Practice Board of Australia;

(b)  the Chiropractic Board of Australia;

(c)  the Dental Board of Australia;

(d)  the Medical Board of Australia;

(e)  the Medical Radiation Practice Board of Australia;

(f)  the Nursing and Midwifery Board of Australia;

(g)  the Occupational Therapy Board of Australia;

(h)  the Optometry Board of Australia;

(i)  the Osteopathy Board of Australia;

(j)  the Physiotherapy Board of Australia;

(k)  the Podiatry Board of Australia;

(l)  the Psychology Board of Australia.

obstetrician means a medical practitioner who is a specialist in the specialty of obstetrics and gynaecology (however described).

obstetric medical practitioner means:

(a)  an obstetrician; or

(b)  a medical practitioner who provides obstetric services.

paediatrician means a medical practitioner who is a specialist in the specialty of paediatrics and child health (however described).

pathology provider: see subsection 69(3).

provider number means a number that:

(a)  is allocated by the Chief Executive Medicare to a medical practitioner, dental practitioner, approved pathology practitioner, optometrist, participating midwife or participating nurse practitioner; and

(b)  identifies the person and a place where the person practises the person’s profession.

RACGP means the Royal Australian College of General Practitioners.

referring practitioner, in relation to a referral, means the person making the referral.

registered sonographer: see subsection 71(6).

requester number means the number allocated by the Chief Executive Medicare to a chiropractor, osteopath, physiotherapist or podiatrist.

service time: see subsection 60(5).

treating practitioner, in relation to a pathology service, has the same meaning as in section 16A of the Act.

ultrasound service: see subsection 71(6).

usual general practitioner, for a patient, includes a medical practitioner nominated by the patient.

Part 2—Definitional material

Division 1—Participating midwives

5  Participating midwives—specified collaborative arrangements and medical practitioners

(1)  For the purposes of the definition of participating midwife in subsection 3(1) of the Act (which deals with eligible midwives rendering services in collaborative arrangements with medical practitioners):

(a)  a kind of collaborative arrangement is specified if:

(i)  it is of a kind described in subsection (2); and

(ii)  it complies with subsection (3); and

(b)  a medical practitioner of the kind mentioned in a description of a kind of collaborative arrangement in subsection (2) is specified in relation to that kind of collaborative arrangement.

(2)  For the purposes of subparagraph (1)(a)(i), the kinds of collaborative arrangements are the following:

(a)  a collaborative arrangement in which the eligible midwife:

(i)  is employed or engaged by one or more obstetric medical practitioners; or

(ii)  is employed or engaged by an entity that employs or engages one or more obstetric medical practitioners; or

(iii)  has an agreement in writing with an entity (other than a hospital) that employs or engages one or more obstetric medical practitioners;

(b)  a collaborative arrangement in which an obstetric medical practitioner or hospital‑authorised medical practitioner refers a patient to the eligible midwife in writing;

(c)  a collaborative arrangement in which the eligible midwife and one or more obstetric medical practitioners or hospital‑authorised medical practitioners make an agreement in writing, signed by each party;

(d)  a collaborative arrangement in which the eligible midwife:

(i)  has acknowledgement from one or more obstetric medical practitioners or hospital‑authorised medical practitioners that the practitioner will be collaborating in the care of a patient or patients; and

(ii)  tells each patient to whom the arrangement applies that the midwife will be providing care to the patient within an arrangement with one or more medical practitioners that provides for consultation, referral of the patient and transfer of the patient’s care (as required by subsection (3)); and

(iii)  makes the records required by section 6 in relation to each patient to whom the arrangement applies;

(e)  a collaborative arrangement in which a hospital that employs or engages one or more obstetric medical practitioners:

(i)  formally assesses the eligible midwife’s competence, performance and professional suitability; and

(ii)  gives the eligible midwife clinical privileges for a defined scope of clinical practice; and

(iii)  permits the eligible midwife to provide care to the midwife’s own patients at the hospital.

(3)  For the purposes of subparagraph (1)(a)(ii), the collaborative arrangement must provide for:

(a)  consultation between the midwife and an obstetric medical practitioner; and

(b)  referral of a patient by the midwife to an obstetric medical practitioner or hospital‑authorised medical practitioner; and

(c)  transfer of a patient’s care by the midwife to an obstetric medical practitioner.

(4)  A collaborative arrangement may apply to more than one patient.

6  Midwife record‑keeping requirements for certain collaborative arrangements

General

(1)  For the purposes of subparagraph 5(2)(d)(iii), the eligible midwife must record the following in the midwife’s written records in relation to the patient:

(a)  the name of at least one obstetric medical practitioner or hospital‑authorised medical practitioner who has given the midwife an acknowledgement mentioned in subparagraph 5(2)(d)(i) that applies to the patient (a named medical practitioner);

(b)  that the midwife has told the patient that the midwife will be providing care to the patient within an arrangement with one or more medical practitioners that provides for consultation, referral of the patient and transfer of the patient’s care (as required by subsection 5(3));

(c)  the circumstances in which the midwife will do any of the following:

(i)  consult with an obstetric medical practitioner about the patient’s care;

(ii)  refer the patient to an obstetric medical practitioner or hospital‑authorised medical practitioner;

(iii)  transfer the patient’s care to an obstetric medical practitioner.

Particular events

(2)  For the purposes of subparagraph 5(2)(d)(iii), the eligible midwife must record the following in the midwife’s written records as soon as practicable after the event occurs:

(a)  any consultation or other communication between the midwife and an obstetric medical practitioner about the patient’s care;

(b)  any referral of the patient by the midwife to an obstetric medical practitioner or hospital‑authorised medical practitioner;

(c)  any transfer by the midwife of the patient’s care to an obstetric medical practitioner;

(d)  when the midwife gives a copy of the hospital booking letter (however described) for the patient to a named medical practitioner—acknowledgement that the named medical practitioner has received the copy;

(e)  when the midwife gives a copy of the patient’s maternity care plan prepared by the midwife to a named medical practitioner—acknowledgement that the named medical practitioner has received the copy;

(f)  if the midwife requests diagnostic imaging or pathology services for the patient—when the midwife gives the results of the services to a named medical practitioner;

(g)  when the midwife gives a discharge summary (however described) at the end of the midwife’s care for the patient to:

(i)  a named medical practitioner; or

(ii)  the patient’s usual general practitioner.

Division 2—Participating nurse practitioners

7  Participating nurse practitioners—specified collaborative arrangements and medical practitioners

(1)  For the purposes of the definition of participating nurse practitioner in subsection 3(1) of the Act (which deals with eligible nurse practitioners rendering services in collaborative arrangements with medical practitioners):

(a)  a kind of collaborative arrangement is specified if:

(i)  it is of a kind described in subsection (2); and

(ii)  it complies with subsection (3); and

(b)  all medical practitioners are specified.

(2)  For the purposes of subparagraph (1)(a)(i), the kinds of collaborative arrangements are the following:

(a)  a collaborative arrangement in which the eligible nurse practitioner is employed or engaged by:

(i)  one or more medical practitioners; or

(ii)  an entity that employs or engages one or more medical practitioners;

(b)  a collaborative arrangement in which a medical practitioner refers a patient to the eligible nurse practitioner in writing;

(c)  a collaborative arrangement in which the eligible nurse practitioner and one or more medical practitioners make an agreement in writing, signed by each party;

(d)  a collaborative arrangement in which the eligible nurse practitioner:

(i)  has acknowledgement from one or more medical practitioners that the practitioner will be collaborating in the care of a patient or patients; and

(ii)  tells each patient to whom the arrangement applies that the nurse practitioner will be providing care to the patient within an arrangement with one or more medical practitioners that provides for consultation, referral of the patient and transfer of the patient’s care (as required by subsection (3)); and

(iii)  makes the records required by section 8 in relation to each patient to whom the arrangement applies.

(3)  For the purposes of subparagraph (1)(a)(ii), the collaborative arrangement must provide for:

(a)  consultation between the nurse practitioner and a medical practitioner; and

(b)  referral of a patient by the nurse practitioner to a medical practitioner; and

(c)  transfer of a patient’s care by the nurse practitioner to a medical practitioner.

(4)  A collaborative arrangement may apply to more than one patient.

8  Nurse practitioner record‑keeping requirements for certain collaborative arrangements

General

(1)  For the purposes of subparagraph 7(2)(d)(iii), the nurse practitioner must record the following in the nurse practitioner’s written records in relation to the patient:

(a)  the name of at least one medical practitioner who has given the midwife an acknowledgement mentioned in subparagraph 7(2)(d)(i) that applies to the patient (a named medical practitioner);

(b)  that the nurse practitioner has told the patient that the nurse practitioner will be providing care to the patient within an arrangement with one or more medical practitioners that provides for consultation, referral of the patient and transfer of the patient’s care (as required by subsection 7(3));

(c)  the circumstances in which the nurse practitioner will do any of the following:

(i)  consult with a medical practitioner about the patient’s care;

(ii)  refer the patient to a medical practitioner;

(iii)  transfer the patient’s care to a medical practitioner.

Particular events

(2)  For the purposes of subparagraph 7(2)(d)(iii), the eligible nurse practitioner must record the following in the nurse practitioner’s written records as soon as practicable after the event occurs:

(a)  any consultation or other communication between the nurse practitioner and a medical practitioner about the patient’s care;

(b)  any referral of the patient by the nurse practitioner to a medical practitioner;

(c)  any transfer by the nurse practitioner of the patient’s care to a medical practitioner;

(d)  if the nurse practitioner gives a copy of a document mentioned in subsection (4) to a named medical practitioner or the patient’s usual general practitioner—when the copy is given.

(3)  The eligible nurse practitioner must give a copy of a document mentioned in subsection (4):

(a)  to a named medical practitioner, if the nurse practitioner does any of the following and the named medical practitioner asks for a copy of the document:

(i)  consults with the named medical practitioner about the patient’s care;

(ii)  refers the patient to the named medical practitioner;

(iii)  transfers the patient’s care to the named medical practitioner; and

(b)  to the patient’s usual general practitioner, if:

(i)  the patient’s usual general practitioner is not a named medical practitioner for the patient; and

(ii)  the patient consents.

(4)  The documents are the following:

(a)  a referral of the patient by the nurse practitioner to a specialist or consultant physician;

(b)  the results of diagnostic imaging or pathology services for the patient requested by the nurse practitioner;

(c)  a record of services rendered by the nurse practitioner to the patient.

Division 3—Definition of services

9  Professional services—medical services rendered by approved dental practitioners

For the purposes of paragraph (b) of the definition of professional service in subsection 3(1) of the Act, a service specified in any item in Groups O1 to O11 of the general medical services table is prescribed.

10  Meaning of specialist trainee

For the purposes of subsection 3(20) of the Act, specialist trainee means a medical practitioner who is enrolled in and undertaking a training program with:

(a)  an organisation mentioned in column 1 of an item in the table in clause 1 in Schedule 1 to this instrument; or

(b)  the RACGP.

11  Professional services rendered by specialist trainees

For the purposes of paragraph 3(18)(a) of the Act, a professional service specified in any of the following items of the general medical services table is prescribed:

(a)  all items in Group T1 except item 13209;

(b)  all items in Groups T2, T3, T4, T6, T7, T11, T10, T8 and T9.

Note: Subsection 3(18) of the Act applies when a specialist trainee renders a service under the supervision of another medical practitioner.

12  Health service not specified in an item—meaning of health service

For the purposes of paragraph (b) of the definition of health service in subsection 3C(8) of the Act, the following classes of services are prescribed:

(a)  Aboriginal or Torres Strait Islander health services;

(b)  audiology;

(c)  chiropractic services;

(d)  diabetes education;

(e)  dietetics;

(f)  exercise physiology;

(g)  focussed psychological strategies;

(h)  mental health services;

(i)  midwifery;

(j)  non‑directive pregnancy support counselling;

(k)  nurse practitioner services;

(l)  occupational therapy;

(m)  orthoptics;

(n)  osteopathy;

(o)  physiotherapy;

(p)  podiatry;

(q)  psychological therapy;

(r)  psychology;

(s)  speech pathology.

Division 4—Recognition of medical practitioners as specialists and consultant physicians

13  Recognition of medical practitioner domiciled in Australia as specialist—meaning of relevant organisation and relevant qualification

(1)  For the purposes of the definition of relevant organisation in subsection 3D(5) of the Act, an organisation mentioned in column 1 of an item in the table in clause 1 in Schedule 1 to this instrument is declared to be a professional organisation in relation to each specialty mentioned in column 2 of the item.

(2)  For the purposes of the definition of relevant qualification in subsection 3D(5) of the Act, a qualification mentioned in column 3 of an item in the table in clause 1 in Schedule 1 to this instrument is declared to be a relevant qualification in relation to the organisation mentioned in column 1 of the item.

14  Alternative method of recognition of medical practitioner domiciled in Australia as specialist or consultant physician—application fee

For the purposes of paragraph 3DB(3)(b) of the Act, the fee is $30.

15  Recognition of medical practitioner who is not domiciled in Australia—application fee

For the purposes of subsection 3E(2) of the Act, the fee is $30.

Division 5—General practitioners

Subdivision A—Recognised Fellows of the Royal Australian College of General Practitioners

16  Eligibility for determination as recognised Fellow of RACGP

For the purposes of paragraph 3EA(2)(b) of the Act, an applicant is eligible for a determination under section 3EA of the Act if the applicant meets the minimum requirements of the RACGP for taking part in continuing medical education and quality assurance.

17  Notice from RACGP to Chief Executive Medicare if RACGP does not consider applicant eligible for determination

(1) If the RACGP declines to give the Chief Executive Medicare written notice under subsection 3EA(2) of the Act in relation to an applicant for a determination under section 3EA of the Act, the RACGP must give the Chief Executive Medicare written notice that it so declines.

(2)  If the Chief Executive Medicare receives a notice under subsection (1) in relation to an applicant, the Chief Executive Medicare must give the applicant written notice that such a notice has been received.

18  Revocation of determination as recognised Fellow of RACGP

For the purposes of subsection 3EB(1) of the Act, a determination under section 3EA of the Act in respect of a medical practitioner must be revoked if the practitioner does not meet the minimum requirements of the RACGP for taking part in continuing medical education and quality assurance.

Subdivision B—Vocationally registered general practitioners

19  ACRRM may give notice about applicant’s eligibility for vocational registration

The ACRRM is specified for the purposes of paragraph 3F(6)(b) of the Act (about bodies that may give the Chief Executive Medicare notice about an applicant being eligible for registration on the Vocational Register of General Practitioners).

19A  Eligibility for vocational registration

For the purposes of subsection 3F(6) of the Act, a medical practitioner whose name has been removed from the Vocational Register of General Practitioners is eligible for registration under section 3F of the Act if:

(a)  the practitioner holds general registration in the medical profession (and is not registered in the specialty of general practice) under the National Law; and

(b)  the practitioner met the continuing professional development requirements of the RACGP or the ACRRM for the 2017‑2019 triennium.

20  Notice if professional body does not consider applicant eligible for vocational registration

(1)  This section applies if one of the following (the professional body) declines to give the Chief Executive Medicare written notice under subsection 3F(6) of the Act in relation to an applicant for registration under section 3F of the Act:

(a)  the RACGP;

(b)  the ACRRM.

(2)  The professional body must give the Chief Executive Medicare written notice that it so declines.

(3)  If the Chief Executive Medicare receives a notice under subsection (2) in relation to an applicant, the Chief Executive Medicare must give the applicant written notice that such a notice has been received.

21  ACRRM or Medical Board of Australia may give notice for removal from Vocational Register of General Practitioners

The ACRRM and the Medical Board of Australia are each specified for the purposes of paragraph 3G(1)(b) of the Act (about bodies that may give the Chief Executive Medicare notice about a requirement to remove a medical practitioner’s name from the Vocational Register of General Practitioners).

21A  Requirement for removal from Vocational Register of General Practitioners

For the purposes of paragraphs 3G(1)(b) and (c) of the Act, a medical practitioner’s name must be removed from the Vocational Register of General Practitioners if:

(a)  the practitioner ceases to hold general registration in the medical profession (and is not registered in the specialty of general practice) under the National Law; or

(b)  if the medical practitioner’s name was last entered on the Vocational Register of General Practitioners because the RACGP gave the Chief Executive Medicare notice for the purposes of subsection 3F(6) of the Act—the RACGP was later satisfied that the practitioner did not meet the continuing professional development requirements of the RACGP for the 2017‑2019 triennium; or

(c)  if the medical practitioner’s name was last entered on the Vocational Register of General Practitioners because the ACRRM gave the Chief Executive Medicare notice for the purposes of subsection 3F(6) of the Act—the ACRRM was later satisfied that the practitioner did not meet the continuing professional development requirements of the ACRRM for the 2017‑2019 triennium.

Subdivision C—Recognised fellows of the Australian College of Rural and Remote Medicine

22  Determination as recognised Fellow of ACRRM

(1)  For the purposes of paragraph (c) of the definition of general practitioner in subsection 3(1) of the Act, a medical practitioner in respect of whom a determination is in force under this section is specified.

(2)  A medical practitioner may apply to the Chief Executive Medicare for a determination under this section.

(3)  After receiving an application, the Chief Executive Medicare must determine that the applicant is a recognised Fellow of the ACRRM if the ACRRM gives the Chief Executive Medicare written notice stating that the applicant:

(a)  is a Fellow of the ACRRM; and

(b)  is eligible for a determination under this section in accordance with section 23.

(4)  The Chief Executive Medicare must make the determination within the period of:

(a)  14 days after the notice from the ACRRM was received; or

(b)  if the application was made after the notice was received—14 days after the application was received.

(5)  The Chief Executive Medicare must give the applicant written notice of the day on which the determination will come into force.

(6)  The Chief Executive Medicare may give the ACRRM information about whether or not determinations under this section are in force for particular persons.

(7)  The Chief Executive Medicare or an authorised officer may make available to members of the public, on request:

(a)  the names of medical practitioners in respect of whom determinations under this section are in force; and

(b)  the addresses at which they practise.

(8)  In this section:

authorised officer means a Departmental employee (within the meaning given by section 3 of the Human Services (Medicare) Act 1973) authorised in writing by the Chief Executive Medicare for the purposes of this section.

23  Eligibility for determination as recognised Fellow of ACRRM

(1)  This section is made for the purposes of paragraph 22(3)(b) of this instrument and deals with eligibility for a determination under section 22.

Note:          Under section 22, the ACRRM gives the Chief Executive Medicare written notice that an applicant for a determination is eligible.

(2)  An applicant who attained Fellowship of the ACRRM after the requirement to undergo accredited training was first introduced is eligible if the applicant:

(a)  either:

(i)  has successfully completed accredited training; or

(ii)  has been assessed by the ACRRM as having training and experience equivalent to successful completion of accredited training; and

(b)  meets the minimum requirements that apply to a Fellow of the ACRRM for taking part in continuing medical education and quality assurance.

(3)  An applicant who attained Fellowship of the ACRRM before the requirement to undergo accredited training was first introduced is eligible for a determination if the applicant:

(a)  either:

(i)  has been assessed by the ACRRM, using an assessment model approved by the Department, as having training and experience equivalent to successful completion of accredited training; or

(ii)  is a vocationally registered general practitioner; and

(b)  meets the minimum requirements that apply to a Fellow of the ACRRM for taking part in continuing medical education and quality assurance.

(4)  In this section:

accredited training means a training program and assessments for Fellowship of the ACRRM accredited by the Australian Medical Council.

24  Revocation of determination as recognised Fellow of ACRRM

(1)  The Chief Executive Medicare must revoke a determination under section 22 in respect of a medical practitioner if:

(a)  the medical practitioner requests the Chief Executive Medicare to do so; or

(b)  the ACRRM gives the Chief Executive Medicare written notice that:

(i)  the medical practitioner does not meet the minimum requirements that apply to a Fellow of the ACRRM for taking part in continuing medical education and quality assurance; or

(ii)  the medical practitioner is not a Fellow of the ACRRM; or

(c)  the Chief Executive Medicare becomes aware that the medical practitioner is no longer a medical practitioner.

(2)  The ACRRM must, before giving the Chief Executive Medicare a notice under subparagraph (1)(b)(i) in relation to a medical practitioner:

(a)  inform the medical practitioner about the proposed notice; and

(b)  give the medical practitioner at least 14 days to show why the proposed notice should not be given.

(3)  Before revoking the determination, the Chief Executive Medicare must give the medical practitioner written notice that the determination is to be revoked.

(4)  The notice must specify the day on which the determination is to be revoked.

(5)  The day specified under subsection (4) must not be less than 14 days after the day on which the notice is given.

Subdivision D—General practitioners for the purposes of section 20 of the Act

25  Medical practitioner who practises in general practice

For the purposes of paragraph (c) of the definition of general practitioner in subsection 3(1) of the Act, a medical practitioner (other than a specialist or consultant physician) who practises in general practice is specified for the purposes of section 20 of the Act.

Division 6—Register of Approved Placements

26  Specified bodies, courses and programs

Bodies and courses

(1)  For the purposes of paragraph 3GA(5)(a) of the Act:

(a)  a body mentioned in column 1 of an item in the following table is specified; and

(b)  a course that leads to a qualification mentioned in column 2 of the item from the body is specified for the body.

Specified bodies and qualifications that specified courses lead to
Item

Column 1

Body

Column 2

Qualification that course leads to

1 Australasian College for Emergency Medicine FACEM
2 Australasian College of Sport and Exercise Physicians FACSEP
3 Australian and New Zealand College of Anaesthetists

FANZCA

FFPMANZCA

4 College of Intensive Care Medicine of Australia and New Zealand FCICM
5 Royal Australasian College of Surgeons FRACS
6 The Australasian College of Dermatologists FACD
7 The Royal Australasian College of Physicians

FAChAM

FAChPM

FAChSHM

FAFOEM

FAFPHM

FAFRM

FRACP

8 The Royal Australian and New Zealand College of Obstetricians and Gynaecologists FRANZCOG
9 The Royal Australian and New Zealand College of Ophthalmologists FRANZCO
10 The Royal Australian and New Zealand College of Psychiatrists FRANZCP
11 The Royal Australian and New Zealand College of Radiologists FRANZCR
12 The Royal College of Pathologists of Australasia FRCPA

Bodies and programs

(2)  For the purposes of paragraph 3GA(5)(a) of the Act:

(a) a body mentioned in column 1 of an item in the following table is specified; and

(b)  a program mentioned in column 2 of the item is specified for the body.

Specified bodies and programs
Item

Column 1

Body

Column 2

Program

1 Australian College of Rural and Remote Medicine

(a) Australian College of Rural and Remote Medicine Fellowship Program

(b) Australian General Practice Training Program

(c) Independent Pathway

(d) Remote Vocational Training Scheme

2 The Department

(a) Approved Medical Deputising Services Program

(b) Approved Private Emergency Department Program

(c) Australian College of Rural and Remote Medicine Fellowship Program

(d) Australian General Practice Training Program

(e) More Doctors for Rural Australia Program

(f) Remote Vocational Training Scheme

(g) Royal Australian College of General Practitioners Fellowship Program

(h) Rural Locum Relief Program

(i) Special Approved Placements Program

(j) Temporary Resident Other Medical Practitioners Program

3 General Practice Workforce Inc, trading as Health Recruitment Plus

(a) More Doctors for Rural Australia Program

(b) Rural Locum Relief Program

4 Health Network Northern Territory Ltd (ACN 158 970 480)

(a) More Doctors for Rural Australia Program

(b) Rural Locum Relief Program

5 Health Workforce Queensland Ltd (ACN 065 574 996)

(a) More Doctors for Rural Australia Program

(b) Rural Locum Relief Program

6 NSW Rural Doctors Network Ltd (ACN 081 388 810)

(a) More Doctors for Rural Australia Program

(b) Rural Locum Relief Program

7 Queensland Department of Health Queensland Country Relieving Doctors Program
8 Remote Vocational Training Scheme Ltd (ACN 122 891 838) Remote Vocational Training Scheme
9 Royal Australian College of General Practitioners

(a) Australian General Practice Training Program

(b) Remote Vocational Training Scheme

(c) Royal Australian College of General Practitioners Fellowship Program

10 Rural Doctors Workforce Agency Incorporated

(a) More Doctors for Rural Australia Program

(b) Rural Locum Relief Program

11 Rural Workforce Agency, Victoria Limited (ACN 081 163 519)

(a) More Doctors for Rural Australia Program

(b) Rural Locum Relief Program

12 Western Australian Centre for Remote and Rural Medicine Ltd (ACN 123 188 367)

(a) More Doctors for Rural Australia Program

(b) Rural Locum Relief Program

27  Removal from the Register

For the purposes of paragraph 3GB(1)(c) of the Act, a medical practitioner’s name must be removed from the Register if:

(a) the medical practitioner is recognised as a specialist under section 3D of the Act; or

(b) a determination under section 3EA of the Act or section 22 of this instrument is in force in respect of the medical practitioner; or

(c)  the Chief Executive Medicare receives a written notice from a relevant organisation (within the meaning of section 3D of the Act) that it declines to give a written notice under subsection 3D(1) of the Act in relation to the medical practitioner; or

(d)  the Chief Executive Medicare receives a written notice from the RACGP under subsection 17(1) of this instrument in relation to the medical practitioner; or

(e)  the Chief Executive Medicare receives a written notice from the ACRRM that it declines to give a written notice under subsection 22(3) of this instrument in relation to the medical practitioner.

Part 3—Medicare benefits

Division 1—Amount of medicare benefit

28  Entitlement to medicare benefit—services for which medicare benefit is 100% of Schedule fee

Services specified in the general medical services table

(1) For the purposes of paragraph 10(2)(aa) of the Act, a service specified in an item of the general medical services table that is listed in the following table is prescribed.

Note: Some services are specified in a determination made under subsection 3C(1) of the Act.

Services for which medicare benefit is 100% of Schedule fee—items of the general medical services table
Item

Column 1

Group or subgroup

Column 2

Items of the general medical services table

1 A1 3, 4, 23, 24, 36, 37, 44, 47
2 A2 52, 53, 54, 57, 58, 59, 60, 65
3 A5 160, 161, 162, 163, 164
4 A6 170, 171, 172
5 Subgroup 1 of Group A7 173, 193, 195, 197, 199
6 Subgroup 2 of Group A7 179, 181, 185, 187, 189, 191, 203, 206
7 Subgroup 3 of Group A7 214, 215, 218, 219, 220
8 Subgroup 4 of Group A7 221, 222, 223
9 Subgroup 5 of Group A7 177, 224, 225, 226, 227, 228
10 Subgroup 6 of Group A7 229, 230, 231, 232, 233, 235, 236, 237, 238, 239, 240, 243, 244
11 Subgroup 7 of Group A7 245, 249
12 Subgroup 8 of Group A7 251, 252, 253, 254, 255, 256, 257, 259, 260, 261, 262, 263, 264, 265, 266, 268, 269, 270, 271
13 Subgroup 9 of Group A7 272, 276, 277, 279, 281, 282, 283, 285, 286, 287, 371, 372
14 Subgroup 10 of Group A7 733, 737, 741, 745, 761, 763, 766, 769, 772, 776, 788, 789
15 Subgroup 11 of Group A7 792
16 Subgroup 12 of Group A7 812, 827, 829, 867, 868, 869, 873, 876, 881, 885, 891, 892
17 A11 585, 588, 591, 594, 599, 600
18 A14 699, 701, 703, 705, 707, 715
19 A15 721, 723, 729, 731, 732, 735, 739, 743, 747, 750, 758
20 A17 900, 903
21 A18 2497, 2501, 2503, 2504, 2506, 2507, 2509, 2517, 2518, 2521, 2522, 2525, 2526, 2546, 2547, 2552, 2553, 2558, 2559
22 A19 2598, 2600, 2603, 2606, 2610, 2613, 2616, 2620, 2622, 2624, 2631, 2633, 2635, 2664, 2666, 2668, 2673, 2675, 2677
23 A20 2700, 2701, 2712, 2713, 2715, 2717, 2721, 2723, 2725, 2727, 2729, 2731
24 A22 5000, 5003, 5010, 5020, 5023, 5028, 5040, 5043, 5049, 5060, 5063, 5067
25 A23 5200, 5203, 5207, 5208, 5220, 5223, 5227, 5228, 5260, 5263, 5265, 5267
26 A27 4001
27 A29 139
28 A30 2100, 2122, 2125, 2126, 2137, 2138, 2143, 2147, 2179, 2195, 2199, 2220, 2461, 2463, 2464, 2465, 2471, 2472, 2475, 2478, 2480, 2481, 2482, 2483
28A A35 90020, 90035, 90043, 90051, 90092, 90093, 90095, 90096, 90183, 90188, 90202, 90212
28B A36 90250, 90251, 90252, 90253, 90254, 90255, 90256, 90257, 90264, 90265, 90271, 90272, 90273, 90274, 90275, 90276, 90277, 90278, 90279, 90280, 90281, 90282
28C A38 90350, 90355, 90360, 90361, 90362, 90365
29 M12 10983, 10984, 10987, 10988, 10989, 10997
30 T1 13105

Services specified in the diagnostic imaging services table

(2) For the purposes of paragraph 10(2)(aa) of the Act, a service specified in an item of the diagnostic imaging services table to which clause 1.2.18 or 1.2.19 of that table applies is prescribed.

Division 2—Medicare benefits in relation to pathology services

Subdivision A—Simplified outline of this Division

29  Simplified outline of this Division

Section 16A of the Act sets out conditions on medicare benefit being payable in relation to a pathology service.

Some of these conditions include a requirement for the service to be specified in the regulations. Subdivision B specifies services for these purposes.

Section 16A of the Act also enables the regulations to prescribe requirements for a request for a pathology service. Subdivision C prescribes requirements for these purposes.

Subdivision B—Specifying services

30  Pathology service determined to be necessary by participating midwife

For the purposes of subparagraph 16A(1)(aa)(ii) of the Act, a service specified in an item of the pathology services table that is listed in the following table is specified.

Pathology services—participating midwives
Item

Column 1

Group

Column 2

Items of the pathology services table

1 P1 65060, 65070, 65090 to 65099, 65114
2 P2 66500 to 66512, 66545, 66548, 66566, 66743, 66750, 66751
3 P3 69303 to 69317, 69324, 69384 to 69415
4 P6 73070, 73071, 73075, 73076
5 P8 73529

31  Pathology service determined to be necessary by participating nurse practitioner

For the purposes of subparagraph 16A(1)(ab)(ii) of the Act, a service specified in an item in any of Groups P1 to P8 or in any of items 73828 to 73837 of the pathology services table is specified.

Note: Items 73828 to 73837 are specified in a determination made under subsection 3C(1) of the Act.

Subdivision C—Requirements for requests for pathology services

32  Purpose of Subdivision

This Subdivision is made for the purposes of paragraph 16A(4)(b) of the Act.

33  Information about requesting practitioner

A request for a pathology service must include the following information in relation to the treating practitioner or approved pathology practitioner who makes the request (the requesting practitioner):

(a)  the name of the requesting practitioner;

(b)  if the request was made at a place of practice of the requesting practitioner:

(i)  the address of the place of practice; or

(ii)  if the requesting practitioner has been allocated a provider number in respect of the place of practice—the provider number;

(c)  if the request was not made at such a place of practice:

(i)  the address of any place of practice of the requesting practitioner; or

(ii)  the provider number of the requesting practitioner in respect of any place of practice.

34  Information about patient

(1)  A request for a pathology service must, subject to subsection 37(3), include the following information in respect of the person in relation to whom the service is requested:

(a)  the name of the person;

(b)  the address of the person;

(c)  whether the person is a public patient in a hospital;

(d)  whether the person is a private patient in a hospital;

(e)  whether the request is made in the course of the provision to the person of an out‑patient service at a recognised hospital.

(2)  If the person is a private patient in relation to a hospital, the request may, with the consent of the person, include the following information:

(a)  the name of the person’s private health insurer (if any);

(b)  the membership number or other unique identifier allocated to the person by the insurer.

(3)  If the person does not consent to the inclusion of the information mentioned in subsection (2):

(a)  the request must not include the information; and

(b)  the person’s failure to consent does not affect any entitlement the person may have to a medicare benefit, or a benefit payable by a private health insurer, in respect of the service.

35  Information about pathology service

A request for a pathology service must, subject to subsection 37(3), include the following information in respect of the service:

(a)  a description of the service in terms or symbols that:

(i)  would be generally understood by medical practitioners; and

(ii)  are sufficient to identify the service for the purpose of ascertaining the item (if any) in which the service is specified;

(b)  the date on which the service was determined to be necessary;

(c)  whether the service is a pathology service that:

(i)  relates to a bodily specimen obtained from a person while the person was an in‑patient of a hospital; and

(ii)  is to be performed after the person has ceased to be such a patient.

36  Requests that specify an approved pathology practitioner

If a treating practitioner specifies an approved pathology practitioner on a request for a pathology service, the request must include:

(a)  the clinical grounds for specifying an approved pathology practitioner; or

(b)  a statement that the specification is on clinical grounds.

37  Further requests

(1)  This section applies if:

(a)  a treating practitioner makes a request (the first request) for a pathology service; and

(b)  the first request is received by an approved pathology practitioner (the referring pathologist); and

(c)  the referring pathologist makes a request (the further request) for the service.

(2)  The further request must, subject to subsection (3), include the information relating to the treating practitioner that was included in the first request under section 33.

(3)  The further request is not required to comply with sections 34 and 35 and subsection (2) of this section if:

(a)  the further request relates only to the pathology service to which the first request relates; and

(b)  the first request is attached to the further request.

Division 3—Medicare benefits in relation to R‑type diagnostic imaging services

Subdivision A—Simplified outline of this Division

38  Simplified outline of this Division

Section 16B of the Act sets out conditions on medicare benefit being payable in relation to an R‑type diagnostic imaging service.

Some of these conditions include a requirement for the service to be specified in the regulations. Subdivision B specifies services for these purposes.

Section 16B of the Act also contains an exemption which includes a requirement for a service to be specified in the regulations. Subdivision C specifies services for these purposes.

Subdivision B—Specifying services for effective requests

39  Requests by dental practitioners

(1) For the purposes of subsection 16B(2) of the Act, this section specifies R‑type diagnostic imaging services.

All dental practitioners

(2)  A service specified in an item of the diagnostic imaging services table that is listed in the following table is specified in relation to all dental practitioners.

R‑type diagnostic imaging service—request by any dental practitioner
Item

Column 1

Group

Column 2

Items of the diagnostic imaging services table

1 I3 57509, 57515, 57521, 57523, 57527, 57901 to 57969, 58100, 58300, 58503, 58903, 59733, 59739, 59751, 60500, 60503

Dental practitioners approved for professional services

(3)  A service specified in an item of the diagnostic imaging services table that is listed in the following table is specified in relation to a dental practitioner who is approved by the Minister under paragraph (b) of the definition of professional service in subsection 3(1) of the Act.

R‑type diagnostic imaging service—request by approved dental practitioner
Item

Column 1

Group

Column 2

Items of the diagnostic imaging services table

1 I1 55028, 55030, 55032
2 I2 56001 to 56220, 56224, 56301 to 56507, 56801 to 57007, 57341, 57362
3 I3 57703, 57709, 57712, 57715, 58103 to 58115, 58306, 58506, 58521 to 58527, 58909, 59103, 59703, 60000 to 60009, 60506, 60509, 61109
4 I4 61372, 61421, 61425, 61429, 61430, 61433, 61434, 61446, 61449, 61450, 61453, 61454, 61457, 61462
5 I5 63007, 63334

Prosthodontists

(4)  A service specified in an item of the diagnostic imaging services table that is listed in the following table is specified in relation to a dental practitioner who is:

(a)  registered or licensed as a prosthodontist under a law of a State or Territory; or

(b)  registered or licensed as a dentist or dental practitioner under a law of State or Territory and recognised by the registering or licensing authority as a person who practises in the specialty of prosthodontics.

R‑type diagnostic imaging service—request by prosthodontist
Item

Column 1

Group

Column 2

Items of the diagnostic imaging services table

1 I1 55028
2 I2 56013, 56016, 56022, 56028, 57362
3 I3 58306
4 I4 61421, 61425, 61429, 61430, 61433, 61434, 61446, 61449, 61450, 61453, 61454, 61457, 61462
5 I5 63334

Periodontists, endodontists, pedeodontists and orthodontists

(5)  A service specified in an item of the diagnostic imaging services table that is listed in the following table is specified in relation to a dental practitioner who is:

(a)  registered or licensed as a periodontist, endodontist, pedeodontist or orthodontist under a law of a State or Territory; or

(b)  registered or licensed as a dental specialist under a law of a State or Territory and recognised by the registering or licensing authority as a person who practises in the specialty of periodontics, endodontics, pedeodontics, or orthodontics.

R‑type diagnostic imaging service—request by periodontist, endodontist, pedeodontist or orthodontist
Item

Column 1

Group

Column 2

Items of the diagnostic imaging services table

1 I2 56022, 57362
2 I3 58306
3 I4 61421, 61454, 61457
4 I5 63334

Oral medicine and oral pathology specialists

(6)  A service specified in an item of the diagnostic imaging services table that is listed in the following table is specified in relation to a dental practitioner who is:

(a)  registered or licensed as an oral medicine specialist or oral pathology specialist under a law of a State or Territory; or

(b)  registered or licensed as a dental specialist under a law of a State or Territory and recognised by the registering or licensing authority as a person who practises in the specialty of oral medicine or oral pathology.

R‑type diagnostic imaging service—request by oral medicine or oral pathology specialist
Item

Column 1

Group

Column 2

Items of the diagnostic imaging services table

1 I1 55028, 55030, 55032
2 I2 56001, 56007, 56010, 56013, 56016, 56022, 56028, 56101, 56107, 56301, 56307, 56401, 56407, 57341, 57362
3 I3 58306, 58506, 58909, 59103, 59703, 60000 to 60009, 60506, 60509, 61109
4 I4 61372, 61421, 61425, 61429, 61430, 61433, 61434, 61446, 61449, 61450, 61453, 61454, 61457, 61462
5 I5 63007, 63334

40  Requests by chiropractors

For the purposes of subsection 16B(3) of the Act, a service specified in an item of the diagnostic imaging services table that is listed in the following table is specified.

R‑type diagnostic imaging service—request by chiropractor
Item

Column 1

Group

Column 2

Items of the diagnostic imaging services table

1 I3 57712, 57715, 58100 to 58106, 58109, 58112

41  Requests by physiotherapists or osteopaths

For the purposes of subsections 16B(3A) and (3C) of the Act, a service specified in an item of the diagnostic imaging services table that is listed in the following table is specified.

R‑type diagnostic imaging service—request by physiotherapist or osteopath
Item

Column 1

Group

Column 2

Items of the diagnostic imaging services table

1 I3 57712, 57715, 58100 to 58106, 58109, 58112, 58120, 58121

42  Requests by podiatrists

For the purposes of subsection 16B(3B) of the Act, a service specified in an item of the diagnostic imaging services table that is listed in the following table is specified.

R‑type diagnostic imaging service—request by podiatrist
Item

Column 1

Group

Column 2

Items of the diagnostic imaging services table

1 I1 55844, 55888, 55889, 55890, 55891, 55892, 55893, 55894, 55895
2 I3 57521, 57523, 57527

43  Requests by participating midwives

For the purposes of subsection 16B(3D) of the Act, a service specified in an item of the diagnostic imaging services table that is listed in the following table is specified.

R‑type diagnostic imaging service—request by participating midwife
Item

Column 1

Group

Column 2

Items of the diagnostic imaging services table

1 I1 55700, 55704, 55706, 55707, 55718

44  Requests by participating nurse practitioners

For the purposes of subsection 16B(3E) of the Act, a service specified in an item of the diagnostic imaging services table that is listed in the following table is specified.

R‑type diagnostic imaging service—request by participating nurse practitioner
Item

Column 1

Group

Column 2

Items of the diagnostic imaging services table

1 I1 55036, 55066, 55070, 55071, 55076, 55600, 55768, 55812, 55844, 55848, 55850, 55852, 55856, 55857, 55858, 55859, 55860, 55861, 55862, 55863, 55864, 55865, 55866, 55867, 55868, 55869, 55870, 55871, 55872, 55873, 55874, 55875, 55876, 55877, 55878, 55879, 55880, 55881, 55882, 55883, 55884, 55885, 55886, 55887, 55888, 55889, 55890, 55891, 55892, 55893, 55894, 55895
2 I3 57509, 57515, 57521, 57523, 57527, 57703, 57709, 57712, 57715, 57721, 58503 to 58527

Subdivision C—Specifying services for pre‑existing diagnostic imaging practices

  1. Exemption from subsection 16B(1) of the Act—pre‑existing diagnostic imaging practices

For the purposes of subsection 16B(11) of the Act, a service specified in an item of the diagnostic imaging services table that is listed in the following table is specified.

Exemption—pre‑existing diagnostic imaging practices
Item

Column 1

Group

Column 2

Items of the diagnostic imaging services table

1 I3 57712, 57715, 57901, 57902, 57907, 57915, 57921, 58100 to 58115, 58521, 58524, 58527, 58700, 59103

Division 4—Medicare benefits in relation to radiation oncology services

46  Meaning of radiation oncology service

For the purposes of subsection 16F(2) of the Act, a radiation oncology service is a service specified in an item in Subgroup 3, 4 or 5 of Group T2 in the general medical services table.

Division 5—Particulars of professional services

47  Simplified outline of this Division

Under subsection 19(6) of the Act, a medicare benefit is not payable in respect of a professional service unless prescribed particulars are recorded on:

(a)     an account for the professional service; or

(b)     a receipt for the professional service; or

(c) the form of an assignment or agreement under section 20A of the Act in relation to the professional service.

This Division prescribes particulars for the purposes of subsection 19(6) of the Act. The particulars are divided into different kinds, including kinds of particulars that are only required for a certain class of professional service.

48  Purpose of Division

For the purposes of subsection 19(6) of the Act, this Division prescribes particulars in relation to professional services.

49  All services—particulars of patient, date of service and fees

The following particulars are prescribed in relation to a professional service:

(a)  the name of the patient to whom the service was rendered;

(b)  the date on which the service was rendered;

(c)  the amount charged in respect of the service;

(d)  the total amount paid in respect of the service;

(e)  any amount outstanding in respect of the service.

50  All services—particulars of professional service rendered

General

(1)  Subject to this section, a prescribed particular in relation to a professional service is a description of the service sufficient to identify the item that specifies the service.

Hospital treatment

(2)  If the professional service is rendered as part of an episode of hospital treatment, then:

(a)  the description mentioned in subsection (1) must indicate that the service was rendered as part of an episode of hospital treatment; or

(b)  a briefer description of the service may be used together with the number of the item that specifies the service, followed by an asterisk or the letter “H”.

Hospital‑substitute treatment

(3)  If the professional service is rendered as part of an episode of hospital‑substitute treatment, and the person who receives the treatment chooses to receive a benefit from a private health insurer in respect of the professional service, then:

(a)  the description mentioned in subsection (1) must be preceded by the words “hospital‑substitute treatment”; or

(b)  a briefer description of the service may be used together with the number of the item that specifies the service, followed by the words “hospital‑substitute treatment”.

51  Most general medical services and Group P9 pathology services—particulars of person rendering service

(1)  This section applies to a professional service that is specified:

(a)  in an item in the general medical services table, except items 12500 to 12533, 15000 to 15600 and 16003 to 16015; or

(b)  in an item in Group P9 of the pathology services table.

(2)  Subject to subsection (3), prescribed particulars are:

(a)  the name of the person who rendered the service and the address of the place of practice where the service was rendered; or

(b)  if the service was rendered at a place of practice for which the person rendering the service has been allocated a provider number—the provider number; or

(c)  if the service was not rendered at such a place of practice—the provider number allocated to the person for any place where the person practises;

and a statement that the professional service was provided by that person.

(3)  If the service is rendered by a medical practitioner who is an overseas trained doctor or a foreign graduate of an accredited medical school (within the meaning of section 19AB of the Act), then:

(a)  the particulars mentioned in paragraph (2)(a) are prescribed; and

(b)  the particulars mentioned in paragraph (2)(b) or paragraph (2)(c), as the case requires, are also prescribed; and

(c)  a statement that the professional service was provided by the medical practitioner is a prescribed particular.

52  Certain radiation or nuclear services—particulars of person rendering service and person claiming or receiving fees

(1)  This section applies to a professional service that is specified in any of items 12500 to 12533, 15000 to 15600 and 16003 to 16015 in the general medical services table.

(2)  Prescribed particulars are:

(a)  the name of the medical practitioner who rendered the service and the address of the place of practice where the service was rendered; or

(b)  if the service was rendered at a place of practice for which the medical practitioner has been allocated a provider number—the provider number.

(3)  If a medical practitioner (the billing practitioner) other than the medical practitioner who rendered the service is:

(a)  claiming or receiving payment of fees in relation to the service; or

(b) the assignee under an assignment or agreement, made or entered into in accordance with section 20A of the Act, in relation to the medicare benefit in respect of the service;

then additional prescribed particulars are either the name of the billing practitioner and the address of a place of practice of the billing practitioner, or the provider number in respect of a place of practice of the billing practitioner.

53  Certain radiation oncology services—use of equipment

(1)  This section applies to a professional service that is a radiation oncology service rendered using:

(a)  radiation oncology equipment that is ordinarily located at registered radiation oncology premises; or

(b)  radiation oncology equipment that, when not in use, is ordinarily located at a registered base for mobile radiation oncology equipment.

(2)  A prescribed particular is the location specific practice number for the premises or base.

54  Pathology services (other than Group P9)—particulars of person rendering service

(1)  This section applies to a professional service that is specified in an item in the pathology services table, other than an item in Group P9.

(2)  Prescribed particulars are either the name of one of the following persons and the address of the person’s place of practice, or the provider number of one of the following persons in respect of the person’s place of practice:

(a)  the approved pathology practitioner by whom, or on whose behalf, the service was rendered;

(b)  if the service was rendered completely in a single accredited pathology laboratory—any approved pathology practitioner rendering professional services in the accredited pathology laboratory;

(c)  if the service was rendered in more than one accredited pathology laboratory owned and controlled by an approved pathology authority—any approved pathology practitioner rendering professional services in one of the laboratories where the service was partly rendered.

55  Pathology services—other particulars

(1)  This section applies to a professional service that is a pathology service.

Requested pathology services

(2)  If the service is rendered in accordance with subsections 16A(2) and (3) of the Act, the following particulars are prescribed:

(a)  the name of the treating practitioner who requested the service;

(b)  if the request was made at a place of practice of the treating practitioner:

(i)  the address of the place of practice; or

(ii)  if the treating practitioner has been allocated a provider number in respect of the place of practice—the provider number;

(c)  if the request was not made at such a place of practice:

(i)  the address of any place of practice of the treating practitioner; or

(ii)  the provider number of the treating practitioner in respect of any place of practice;

(d)  the date on which the treating practitioner determined that the service was necessary.

Pathologist‑determinable services

(3)  If the service is a pathologist‑determinable service that was determined to be necessary by the approved pathology practitioner by whom, or on whose behalf, the service was performed, a prescribed particular is an indication that the service was determined to be necessary by that approved pathology practitioner.

Services rendered by a member of a group of medical practitioners

(4) If the service is rendered in the circumstances described in paragraph 16A(7)(b) of the Act, the following particulars are prescribed:

(a)  the name of the treating practitioner who requested the service;

(b)  the date on which the treating practitioner made the request.

Initiation of a patient episode by collection of a specimen

(5)  If the service is initiation of a patient episode by collection of a specimen, a prescribed particular is an identification of the collection point as follows:

(a)  for a collection made at an approved collection centre—the identification number of the centre;

(b)  for a collection made at a recognised hospital—the recognised hospital collection point identification number assigned by the Chief Executive Medicare;

(c)  for any other collection—“A01”.

56  Diagnostic imaging services—particulars of person rendering service and person claiming or receiving fees

(1)  This section applies to a professional service that is a diagnostic imaging service.

(2)  Prescribed particulars in relation to the medical practitioner who is:

(a)  claiming or receiving payment of fees in relation to the service; or

(b) the assignee under an assignment or agreement, made or entered into in accordance with section 20A of the Act, in relation to the medicare benefit in respect of the service;

are either the name of the medical practitioner and the address of a place of practice of the medical practitioner, or the provider number in respect of a place of practice of the medical practitioner.

(3)  If the medical practitioner mentioned in subsection (2) (the billing practitioner) is not the medical practitioner that rendered the service (the service practitioner), then, subject to subsection (4), additional prescribed particulars are:

(a)  the name of the service practitioner and the address of the place of practice where the service was rendered; or

(b)  if the service was rendered at a place of practice for which the service practitioner has been allocated a provider number—the provider number.

(4)  Subsection (3) does not apply if the particulars mentioned in paragraph (3)(a) or (b), and the date on which the service was requested, are recorded at the billing practitioner’s place of practice.

57  Diagnostic imaging services—other particulars

(1)  This section applies to a professional service that is a diagnostic imaging service.

R‑type diagnostic imaging services

(2)  For an R‑type diagnostic imaging service, the following particulars are prescribed:

(a)  the name of the person who requested the service;

(b)  the address of the place of practice, or the provider number in respect of the place of practice, or the requester number, of the person who requested the service;

(c)  the date on which the service was requested.

Use of equipment

(3)  If the service is rendered using a diagnostic imaging procedure that is carried out using:

(a)  diagnostic imaging equipment that is ordinarily located at registered diagnostic imaging premises; or

(b)  diagnostic imaging equipment that, when not in use, is ordinarily located at a registered base for mobile diagnostic imaging equipment;

a prescribed particular is the location specific practice number for the premises or base.

Recording application of exemptions

(4)  If the service is rendered in the circumstances mentioned in:

99  Requirements for contents of referral

General

(1)  A referral must explain the reasons for referring the patient, including any information about the patient’s condition that the referring practitioner considers necessary to give to the specialist or consultant physician.

Additional content if referring practitioner is a specialist or consulting physician

(2)  If the referring practitioner is a specialist or consulting physician, a written referral must:

(a)  includethe name of a general practitioner, participating midwife or participating nurse practitioner nominated by the patient; or

(b)  if the patient is unwilling or unable to nominate a general practitioner, participating midwife or participating nurse practitioner for the purposes of paragraph (a)—include a statement to that effect.

100  Requirement to record certain referrals in hospital records

If a referral is for a patient in a hospital who is not a public patient, approval of the referral by the referring practitioner must be included in the hospital records. The approval must be signed by the referring practitioner.

101  Receipt of referral by specialist or consultant physician

(1)  Subject to this section, a referral for the rendering of a service to a patient must be received by the specialist or consultant physician before the service is rendered to the patient.

Lost, stolen or destroyed referral

(2)  Subsection (1) does not apply if the patient tells the specialist or consultant physician:

(a)  that a written referral referring the patient to the specialist or consultant physician has been completed by a referring practitioner; and

(b)  the name of the referring practitioner; and

(c)  that the referral has been lost, stolen or destroyed.

Emergencies

(3)  Subsection (1) and a requirement for a referral in an item do not apply if:

(a)  a specialist or consultant physician decides that it is necessary in the patient’s interests to render the professional service specified in the item as soon as practicable; and

(b)  subsection 98(3) applies to the patient; and

(c)  the specialist or consultant physician begins rendering the service to the patient within 30 minutes of presentation.

102  Period of validity for referrals

(1)  Subject to this section:

(a)  a referral that states it is valid for a fixed period is valid until the end of that period after the first service rendered in accordance with the referral; and

(b)  a referral that states it is valid indefinitely is valid for an indefinite period; and

(c)  a referral that does not state a time for which it remains valid is valid until 12 months after the first service rendered in accordance with the referral.

Referrals given by particular persons

(2)  A referral given by a specialist or consultant physician is valid:

(a)  for a maximum of 3 months after the first service given in accordance with the referral; or

(b)  if the referred person is a patient in a hospital at the time of referral and continues to be so for more than 3 months—until the person ceases to be a patient in a hospital.

(3)  A referral given by a participating midwife is valid for a maximum of 12 months after the first service is given in accordance with the referral, and for one pregnancy only.

(4)  A referral given by a participating nurse practitioner is valid for a maximum of 12 months after the first service is given in accordance with the referral.

Special cases

(5)  A referral for a professional service to a patient in a hospital who is not a public patient is valid until the patient ceases to be a patient in the hospital who is not a public patient.

(6)  A referral that does not comply with subsection 98(1), and is given in the circumstances described in subsection 98(2) (emergencies), is valid for only one attendance on the patient.

(7)  A written referral that is lost, stolen or destroyed is valid for only one attendance on the patient.

Part 12—Application, saving and transitional provisions

Division 1—Transitional matters relating to the repeal of the Health Insurance Regulations 1975

103  Things done under the Health Insurance Regulations 1975

(1)  If:

(a)  a thing was done for a particular purpose under the Health Insurance Regulations 1975 as in force immediately before that instrument was repealed; and

(b)  the thing could be done for that purpose under this instrument;

the thing has effect for the purposes of this instrument as if it had been done for that purpose under this instrument.

(2)  Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to a notice, application or other instrument being given or made.

Division 2—Application provision relating to the Health Insurance Amendment (General Practitioners) Regulations 2020

  1. Application of section 21A

Section 21A applies to the removal of names of medical practitioners from the Vocational Register of General Practitioners on and after the commencement of that section, whether their names were entered in the Vocational Register at any time before that commencement, or on or after that commencement.

Schedule 1—Specialists

Note:       See sections 10 and 13.

1  Organisations, specialties and qualifications

(1) The following table lists organisations, the specialty or specialties in relation to which the organisation is a relevant organisation for the purposes of subsection 3D(5) of the Act, and relevant qualifications in relation to each relevant organisation.

(2) In addition, a medical practitioner who is enrolled in and undertaking a training program with an organisation listed in the following table is a specialist trainee for the purposes of subsection 3(20) of the Act.

Relevant organisations, specialties and relevant qualifications
Item

Column 1

Organisation

Column 2

Specialties

Column 3

Qualifications

1 Australasian College for Emergency Medicine Emergency Medicine Fellowship of the Australasian College for Emergency Medicine (FACEM)
2 Australasian College of Sport and Exercise Physicians Sport and Exercise Medicine

Fellowship of the Australasian College of Sport and Exercise Physicians (FACSEP)

Fellowship of the Australasian College of Sports Physicians (FACSP)

3 Australian and New Zealand College of Anaesthetists Anaesthesia Fellowship of the Australian and New Zealand College of Anaesthetists (FANZCA)
4 Australian and New Zealand College of Anaesthetists Pain Medicine Fellowship of the Faculty of Pain Medicine, Australian and New Zealand College of Anaesthetists (FFPMANZCA)
5 College of Intensive Care Medicine of Australia and New Zealand Intensive Care Medicine

Fellowship of the College of Intensive Care Medicine of Australia and New Zealand (FCICM)

Fellowship of the Faculty of Intensive Care, Australian and New Zealand College of Anaesthetists (FFICANZCA)

Fellowship of the Royal Australian College of Physicians (FRACP)

6 Royal Australasian College of Dental Surgeons Oral and Maxillofacial Surgery Fellowship of the Royal Australasian College of Dental Surgeons (Oral and Maxillofacial Surgery) (FRACDS (OMS))
7 Royal Australasian College of Surgeons

Cardio‑thoracic Surgery

General Surgery

Neurosurgery

Orthopaedic Surgery

Otolaryngology—Head and Neck Surgery

Paediatric Surgery

Plastic Surgery

Urology

Vascular Surgery

Fellowship of the Royal Australasian College of Surgeons (FRACS)
8 The Australasian College of Dermatologists Dermatology Fellowship of the Australasian College of Dermatologists (FACD)
9 The Royal Australasian College of Physicians Addiction Medicine Fellowship of the Australasian Chapter of Addiction Medicine (FAChAM)
10 The Royal Australasian College of Physicians Palliative Medicine Fellowship of the Australasian Chapter of Palliative Medicine (FAChPM)
11 The Royal Australasian College of Physicians Sexual Health Medicine Fellowship of the Australasian Chapter of Sexual Health Medicine (FAChSHM)
12 The Royal Australasian College of Physicians Occupational and Environmental Medicine

Fellowship of the Australasian Faculty of Occupational and Environmental Medicine (FAFOEM)

Fellowship of the Australasian Faculty of Occupational Medicine (FAFOM)

13 The Royal Australasian College of Physicians Public Health Medicine Fellowship of the Australasian Faculty of Public Health Medicine (FAFPHM)
14 The Royal Australasian College of Physicians Rehabilitation Medicine

Fellowship of the Australasian Faculty of Rehabilitation Medicine (FAFRM)

Fellowship of the Australasian College of Rehabilitation Medicine (FACRM)

15 The Royal Australasian College of Physicians

Cardiology

Clinical Genetics

Clinical Pharmacology

Community Child Health

Endocrinology

Gastroenterology and Hepatology

General Medicine

General Paediatrics

Geriatric Medicine

Haematology

Immunology and Allergy

Infectious Diseases

Medical Oncology

Neonatal and Perinatal Medicine

Nephrology

Neurology

Nuclear Medicine

Paediatrics and child health

Paediatric Cardiology

Paediatric Clinical Pharmacology

Paediatric Emergency Medicine

Paediatric Endocrinology

Paediatric Gastroenterology and Hepatology

Paediatric Haematology

Paediatric Immunology and Allergy

Paediatric Infectious Diseases

Paediatric Intensive Care Medicine

Paediatric Medical Oncology

Paediatric Nephrology

Paediatric Neurology

Paediatric Nuclear Medicine

Paediatric Palliative Medicine

Paediatric Rehabilitation Medicine

Paediatric Respiratory and Sleep Medicine

Paediatric Rheumatology

Respiratory and Sleep Medicine

Rheumatology

Fellowship of the Royal Australasian College of Physicians (FRACP)
16 The Royal Australian and New Zealand College of Obstetricians and Gynaecologists

Obstetrics and Gynaecology

Gynaecological Oncology

Maternal‑fetal Medicine

Obstetrics and Gynaecological Ultrasound

Reproductive Endocrinology and Infertility

Urogynaecology

Fellowship of the Royal Australian and New Zealand College of Obstetricians and Gynaecologists (FRANZCOG)

Fellowship of the Royal Australian College of Obstetricians and Gynaecologists (FRACOG)

17 The Royal Australian and New Zealand College of Ophthalmologists Ophthalmology

Fellowship of the Royal Australian and New Zealand College of Ophthalmologists (FRANZCO)

Fellowship of the Royal Australian College of Ophthalmologists (FRACO)

18 The Royal Australian and New Zealand College of Psychiatrists Psychiatry Fellowship of the Royal Australian and New Zealand College of Psychiatrists (FRANZCP)
19 The Royal Australian and New Zealand College of Radiologists

Diagnostic Radiology

Diagnostic Ultrasound

Nuclear Medicine

Radiation Oncology

Fellowship of the Royal Australian and New Zealand College of Radiologists (FRANZCR)

Fellowship of the Royal Australasian College of Radiologists (FRACR)

20 The Royal College of Pathologists of Australasia

General Pathology

Anatomical Pathology (including Cytopathology)

Chemical Pathology

Forensic Pathology

Haematology

Immunology

Microbiology

Fellowship of the Royal College of Pathologists of Australasia (FRCPA)

Schedule 2—Forms

Note:       See sections 81 and 82.

Form 1—Application for approval as an organization under Part IV of the Act

HEALTH INSURANCE ACT 1973

APPLICATION FOR APPROVAL AS AN ORGANIZATION UNDER PART IV

To: the Minister for Health.

(Name of applicant organization)

of   ,

(Address of applicant organization)

applies under subsection 40(1) of the Health Insurance Act 1973 for approval as an organization under Part IV of that Act.

Dated this   day of   , 20        

(Signature of person authorised to

sign application)

(Position in organization)

Form 2—Application for approval of a health service

HEALTH INSURANCE ACT 1973

APPLICATION FOR APPROVAL OF A HEALTH SERVICE

To: the Minister for Health.

(Name of applicant organization)

of   ,

(Address of applicant organization)

being an approved organization within the meaning of Part IV of the Health Insurance Act 1973, applies under subsection 41(1) of that Act for approval of the health service described in the Schedule, being a health service provided, or to be provided, by the organization.

SCHEDULE

(Description of health service and address or addresses at which the service is, or is to be, provided.)

Dated this   day of    , 20

(Signature of person authorised to

sign application)

(Position in organization)

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

ad = added or inserted o = order(s)
am = amended Ord = Ordinance
amdt = amendment orig = original
c = clause(s) par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x     /sub‑subparagraph(s)
Ch = Chapter(s) pres = present
def = definition(s) prev = previous
Dict = Dictionary (prev…) = previously
disallowed = disallowed by Parliament Pt = Part(s)
Div = Division(s) r = regulation(s)/rule(s)
ed = editorial change reloc = relocated
exp = expires/expired or ceases/ceased to have renum = renumbered
    effect rep = repealed
F = Federal Register of Legislation rs = repealed and substituted
gaz = gazette s = section(s)/subsection(s)
LA = Legislation Act 2003 Sch = Schedule(s)
LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given SLI = Select Legislative Instrument
    effect SR = Statutory Rules
(md not incorp) = misdescribed amendment Sub‑Ch = Sub‑Chapter(s)
    cannot be given effect SubPt = Subpart(s)
mod = modified/modification underlining = whole or part not
No. = Number(s)     commenced or to be commenced

Endnote 3—Legislation history

Name Registration Commencement Application, saving and transitional provisions
Health Insurance Regulations 2018 27 Sept 2018 (F2018L01365) 1 Oct 2018 (s 2(1) item 1)
Health Insurance Legislation Amendment (2018 Measures No. 3) Regulations 2018 26 Oct 2018 (F2018L01481) Sch 1 (items 108–113): 1 Nov 2018 (s 2(1) item 1)
Health Insurance Legislation Amendment (2018 Measures No. 4) Regulations 2018 5 Nov 2018 (F2018L01534) Sch 1 (item 1): 1 Jan 2019 (s 2(1) item 1)
Health Insurance Legislation Amendment (Services for Patients in Residential Aged Care Facilities) Regulations 2019 22 Feb 2019 (F2019L00179) Sch 1 (items 10–14): 1 Mar 2019 (s 2(1) item 1)
Health Insurance Legislation Amendment (2019 Measures No. 1) Regulations 2019 24 Sept 2019 (F2019L01256) Sch 1 (items 77–81): 1 Nov 2019 (s 2(1) item 2)
Health Legislation Amendment (Permitted Information Disclosure) Regulations 2020 24 Mar 2020 (F2020L00294) Sch 1 (items 1–12): 25 Mar 2020 (s 2(1) item 1)
Health Insurance Amendment (2020 Measures No. 1) Regulations 2020 22 Apr 2020 (F2020L00458) Sch 1 (items 1–30): 1 May 2020 (s 2(1) item 2)
Sch 1 (item 31): 1 July 2020 (s 2(1) item 3)
Health Insurance Amendment (General Practitioners) Regulations 2020 26 June 2020 (F2020L00794) Sch 1 (items 1–4): 27 June 2020 (s 2(1) item 2)
Sch 1 (items 5–12): awaiting commencement (s 2(1) item 3)

Endnote 4—Amendment history

Provision affected How affected
Part 1
s 2............................................. rep LA s 48D
s 4............................................. am F2020L00294; F2020L00794 (Sch 1 item 5)
Part 2
Division 3
s 11........................................... am F2020L00458
Division 5
Division 5................................. rs F2020L00794
Subdivision A
Subdivision A........................... rep F2020L00794
s 16........................................... rs F2020L00794
s 17........................................... rep F2020L00794
s 18........................................... rep F2020L00794
Subdivision B
Subdivision B........................... rs F2020L00794
rep F2020L00794
s 19........................................... rs F2020L00794
rep F2020L00794
s 19A........................................ ad F2020L00794
rep F2020L00794
s 20........................................... rs F2020L00794
rep F2020L00794
s 21........................................... rs F2020L00794
rep F2020L00794
s 21A........................................ ad F2020L00794
rep F2020L00794
Subdivision C
Subdivision C........................... rep F2020L00794
s 22........................................... rep F2020L00794
s 23........................................... rep F2020L00794
s 24........................................... rep F2020L00794
Subdivision D
Subdivision D........................... rep F2020L00794
s 25........................................... rep F2020L00794
Division 6
s 26........................................... am F2018L01534
s 27........................................... am F2020L00794
Part 3
Division 1
s 28........................................... am F2018L01481; F2019L00179; F2019L01256; F2020L00458
Division 3
Subdivision B
s 39........................................... am F2018L01481; F2020L00458
s 40........................................... am F2020L00458
s 41........................................... am F2020L00458
s 42........................................... am F2018L01481; F2020L00458
s 43........................................... am F2020L00458
s 44........................................... am F2018L01481; F2020L00458
Subdivision C
s 45........................................... am F2020L00458
Division 5
s 60........................................... am F2020L00458
Division 7
s 63........................................... am F2020L00794
Part 5
s 74........................................... am F2020L00458
Part 11
Division 3
s 92........................................... am F2020L00294
s 93........................................... am F2020L00294
Part 12
Part 12 heading......................... rs F2020L00794
Division 2
Division 2................................. ad F2020L00794
rep F2020L00794
s 104......................................... ad F2020L00794
rep F2020L00794
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