Health Legislation Amendment Act 1982 (Cth)
PART 1—PRELIMINARY
Section
1. Short title
2. Commencement
PART II—AMENDMENTS OF THE HEALTH INSURANCE ACT 1973
3. Principal Act
4. Disadvantaged persons, being persons on low incomes
5. Pathology services
6. Undertaking by eligible applicant
7. Commonwealth medical benefit not payable in respect of certain professional services
8. Insertion of new sections—
19b. Commonwealth medical benefit not payable in respect of professional services rendered by or on behalf of disqualified practitioners
19c. Particulars of disqualifications under section 19b to be published, & c.
19d. Offences in relation to disqualifications under section 19b
19e. Review of decisions relating to disqualification
9. Claims for Commonwealth medical benefit
10. Claims for reimbursement on account of payments of Commonwealth medical benefits
11. Advances
12. Undertaking by optometrist
13. Repeal of section 23c
14. Date of effect of acceptance or refusal of undertaking by Minister
15. Interpretation
16. Repeal of section 94 and substitution of new section—
94. Hearing by Committee
17. Notice to practitioner or other person of hearing
TABLE OF PROVISIONS-continued
Section
18. Summons to relevant person to attend hearings, & c.
19. Attendance of persons at hearing
20. Rights of relevant persons at hearing
21. Failure to attend
22. Refusal to be sworn or to answer questions
23. Repeal of section 104 and substitution of new section—
104. Report by Committee
24. Recommendation by Committee
25. Determination by Minister
26. Publication and tabling of particulars of determinations of the Minister
27. Interpretation
28. Repeal of section 106d and substitution of new section—
106d. Application of certain sections in relation to Committees
29. Committee may inform itself in any matter
30. Repeal of section 106f and substitution of new sections—
106f. Hearing by Committee
106fa. Notice to participating optometrist or other person of hearing
106fb. Summons to relevant persons to attend hearings, &c.
106fc. Attendance of persons at hearing
106fd. Rights of relevant persons at hearing
106fe. Allowances for witnesses at hearing
106ff. Failure to attend
106fg. Refusal to be sworn or to answer questions
106fh. Report by Committee
106fj. Recommendation by Committee
106fk. Determination by Minister
31. Publication and tabling of particulars of determinations of the Minister
32. Interpretation
33. References and applications to Tribunal or Court
34. Proceedings on review
35. False statements, &c.
36. Recovery of amounts
37. Officers to observe secrecy
38. Receipt of income, &c.
39. Matters referred to Committee of Inquiry before amendments of Parts V and VA
PART III—AMENDMENTS OF THE NATIONAL HEALTH ACT 1953
40. Principal Act
41. Interpretation
42. Provision of vaccines
43. Insertion of new section—
73bea. Minister may give directions to registered organizations concerning management practices
44. Changes of rules, &c., by registered organizations
45. Schedule
[
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
(a) by omitting from sub-section (2) all the words after “6 months that” (first occurring) and substituting:
“commenced—
(a) unless paragraph (b) applies—on the last day of the prescribed period; or
(b) if the application is an application that is deemed to have been made by virtue of sub-section (10)—immediately after the day on which the period of 4 weeks after the last day of the prescribed period in relation to his application expires.”; and
(b) by omitting sub-section (10) and substituting the following sub-section:
“(10) Where a declaration is in force under this section with respect to a person, the person shall be deemed, on the day immediately preceding the first day of the period of 4 weeks ending on the last day of the period specified in the declaration, to have made, for the purposes of this section, an application under sub-section (1) for a further declaration under this section with respect to the person.”.
(a) by omitting from sub-section (1) “, the provisions of sub-section (2) were complied with in respect of the service,”; and
(b) by omitting sub-section (2).
(a) by inserting in paragraph (2) (a) “, not being an applicant in relation to whose undertaking the Minister is satisfied of the matters referred to in sub-paragraphs (aa) (i) and (ii)”, after “eligible applicant”;
(b) by omitting from paragraph (2) (a) “or” (last occurring);
(c) by inserting after paragraph (2) (a) the following paragraph:
“(aa) where the Minister is satisfied that—
(i) if the undertaking of the eligible applicant were accepted, the applicant would be likely to carry on the whole or any part of the practice or business of a relevant pathology practitioner; and
(ii) the acceptance of the undertaking would be likely to have the effect of allowing a person to avoid, in whole or in part, the financial consequences of the disqualification, or the likely disqualification, of that relevant pathology practitioner,
refuse to accept the undertaking unless he is satisfied that it is not in the public interest to do so; or”; and
(d) by adding at the end thereof the following sub-section:
“(10) In paragraph (2) (aa)—
‘disqualification’ has the same meaning as in section 19b;
‘relevant pathology practitioner’ means an approved pathology practitioner within the meaning of paragraph (e) of the definition of ‘practitioner’ in section 19b—
(a) who or which is a convicted practitioner within the meaning of that section; or
(b) who or which the Minister has reasonable grounds to believe may have committed a relevant offence, or relevant offences, within the meaning of that section.”.
“(6) A Commonwealth medical benefit is not payable in respect of a professional service unless there is recorded on the account, or on the receipt, for fees in respect of the service or, if an assignment has been made, or an agreement has been entered into, in accordance with section 20a, in relation to the Commonwealth medical benefit in respect of the service, on the form of the assignment or agreement, as the case may be, such particulars as are prescribed in relation to professional services generally or in relation to a class of professional services in which that professional service is included.”.
“19b. (1) In this section, unless the contrary intention appears—
‘determination’ means a determination under sub-section (8) or (9);
‘disqualification’ means disqualification for the purposes of this section;
‘disqualified practitioner’ means a fully disqualified practitioner or a partly disqualified practitioner;
‘fully disqualified practitioner’ means a practitioner who is disqualified for the purposes of this section other than a partly disqualified practitioner;
‘partly disqualified practitioner’ means a practitioner who is disqualified for the purposes of this section only in relation to particular professional services or professional services included in a particular class of professional services;
‘patients’, in relation to a practitioner, means the persons to whom the practitioner or a person acting on behalf of the practitioner has rendered, or, in the opinion of the Minister, may render, professional services;
‘practitioner’ means—
(a) a medical practitioner;
(b) a dental practitioner;
(c) a participating optometrist other than the Commonwealth, a State, the Northern Territory or an authority (being a corporation) established by a law of the Commonwealth, a State or an internal Territory;
(d) an optometrist other than a participating optometrist; or
(e) an approved pathology practitioner (other than a State or an authority, being a corporation, established by a law of a State or an internal Territory) in respect of whom there is in force an undertaking given by the approved pathology practitioner and accepted by the Minister under section 16c;
‘relevant conviction day’, in relation to a convicted practitioner, means the day on which the practitioner became a convicted practitioner;
‘relevant offence’ means—
(a) an offence against section 129, 129aa or 129aaa of this Act; or
(b) an offence against—
(i) section 6, 7 or 7a of the Crimes Act 1914; or
(ii) sub-section 86 (1) of that Act by virtue of paragraph (a) of that sub-section,
being an offence that relates to an offence referred to in paragraph (a),
that is committed after the commencement of this section.
“(2) A practitioner becomes a convicted practitioner for the purposes of this section if—
(a) in the case of a practitioner who has not previously been convicted of a relevant offence—he is simultaneously convicted of 2 or more relevant offences; or
(b) in the case of a practitioner who has previously been convicted of one relevant offence only—he is convicted of another relevant offence or of 2 or more other relevant offences.
“(3) A convicted practitioner ceases to be a convicted practitioner for the purposes of this section at the end of the period of his disqualification that resulted from his becoming a convicted practitioner subject to any subsequent application of sub-section (2) in relation to him if he is convicted of a relevant offence or relevant offences after the end of that period but, for the purposes of that sub-section as so applying, he shall be deemed not to have been convicted of any relevant offence before the end of that period.
“(4) A conviction of a practitioner of a relevant offence while the practitioner is a convicted practitioner shall be disregarded for the purposes of this section other than sub-sections (8), (9) and (19).
“(5) A reference in this section to
a conviction of an offence includes a reference to the making of an order under
section 19b of the
“(6) A Commonwealth medical benefit is not payable in respect of a professional service if—
(a) at the time when the service was rendered the person who rendered the service, or the practitioner on whose behalf the service was rendered, was a fully disqualified practitioner; or
(b) at the time when the service was rendered the person who rendered the service, or the practitioner on whose behalf the service was rendered, was a partly disqualified practitioner and the service was a professional service, or was included in a class of professional services, in relation to which the disqualification of the practitioner applied.
“(7) Subject to sub-section (21), a convicted practitioner is disqualified for the purposes of this section during the period commencing—
(a) unless paragraph (b) applies—on the day next following the expiration of a period of 28 days, or such longer period as is prescribed for the purposes of this paragraph, after—
(i) the day on which the practitioner ceases to be entitled to make application under sub-section (8) to the Minister in respect of his disqualification; or
(ii) the day on which the practitioner would have so ceased to be entitled if he were not, by reason of the operation of sub-section (16), ineligible to make such an application; or
(b) if the practitioner makes application to the Minister in pursuance of sub-section (8)—
(i) except in a case to which sub-paragraph (ii) applies—on the day next following the expiration of a period of 56 days, or such longer period as is prescribed for the purposes of this sub-paragraph, after a statement of the decision of the Minister on the application is served on the practitioner under sub-section (13); or
(ii) if the practitioner makes an application to the Administrative Appeals Tribunal for review of the decision of the Minister (including a decision of the Minister upon a reconsideration of the kind referred to in sub-sub-paragraph (b) in respect of the application—
(a) unless sub-sub-paragraph (b) applies—on the day next following the expiration of a period of 56 days, or such longer period as is prescribed for the purposes of this sub-sub-paragraph, after a copy of the decision of the Tribunal on the application is served on the practitioner; or
(b) if the Tribunal sets aside the decision to which the application relates and remits the matter for reconsideration in pursuance of paragraph 43 (1) (c) of the Administrative Appeals Tribunal Act 1975—on the day next following the expiration of 56 days, or such longer period as is prescribed for the purposes of this sub-sub-paragraph, after a statement of the decision of the Minister upon the reconsideration is served on the practitioner under sub-section (13),
and ending, subject to any determination of the kind referred to in paragraph (8) (a) or (9) (a) that is in force in respect of the practitioner, 3 years after the day first referred to in paragraph (a), the day referred to in sub-paragraph (b) (i) or the day referred to in sub-sub-paragraph (b) (ii) (a) or (b), as the case requires.
“(8) Subject to sub-section (20), upon application made to the Minister by a convicted practitioner within the period of 28 days, or within such longer
period as is prescribed for the purposes of this sub-section, after the relevant conviction day, the Minister may, in his discretion, make either or both of the following determinations:
(a) a determination that there shall be substituted for the period of 3 years referred to in sub-section (7) such shorter period as is specified in the notice;
(b) a determination that the disqualification of the practitioner for the purposes of this section shall apply only in relation to specified professional services or professional services included in a specified class of professional services,
and a determination so made shall be subject to such conditions (if any) as are specified by the Minister in that determination.
“(9) Upon application made to the Minister by a disqualified practitioner, the Minister may, in his discretion, within the period of 28 days after receiving the application, make either or both of the following determinations:
(a) a determination that, with effect from and including—
(i) unless sub-paragraph (ii) applies—the day on which a statement of the decision of the Minister is served upon the practitioner under sub-section (13); or
(ii) if the period specified in the determination is a period longer than 56 days, or such longer period as is prescribed for the purposes of this paragraph—such day as the Minister specifies in the determination, being a day later than 56 days, or such longer period as is prescribed for the purposes of this paragraph, after a statement of the decision of the Minister is served upon the practitioner under sub-section (13),
there shall be substituted for the period of disqualification of the practitioner remaining on the day on which the determination is made such shorter period as is specified in the determination;
(b) a determination that, from and including such day as the Minister specifies in the determination, being a day later than 56 days, or such longer period as is prescribed for the purposes of this paragraph, after a statement of the decision of the Minister is served upon the practitioner under sub-section (13), the disqualification of the practitioner for the purposes of this section shall apply only in relation to specified professional services or professional services included in a specified class of professional services,
and a determination so made shall be subject to such conditions (if any) as are specified by the Minister in that determination.
“(10) Without limiting the generality of the professional services or the classes of professional services that may be specified in a determination under paragraph (8) (b) or (9) (b), a professional service or a class of professional services in such a determination may be described, in whole or in part by reference to any one or more of the following:
(a) by reference to the persons, being specified persons or persons included in a specified class of persons, to whom professional services are rendered;
(b) by reference to the places, being specified places, or places included in a specified class of places, in which professional services are rendered;
(c) by reference to any other specified circumstance, or to a circumstance included in a specified class of circumstances, relating to the rendering of the professional services.
“(11) In the exercise of his powers to specify conditions to which a determination under paragraph (8) (b) or (9) (b) is subject, the Minister shall not be taken to be precluded from specifying conditions relating to particular matters by reason only that professional services or classes of professional services which may be specified in such a determination may be described, in whole or in part, by reference to those matters.
“(12) Where an application is made under sub-section (9) by a practitioner in respect of whom a determination is in force under paragraph (8) (b), the Minister shall not make a determination under paragraph (9) (b) unless he is of the opinion that the making of the determination will not be likely to have the effect of reducing the level of income of the practitioner in respect of professional services rendered by or on behalf of the practitioner to a level below the level that would be the level of income of the practitioner if that determination were not made.
“(13) Where the Minister makes a decision in relation to a practitioner under sub-section (8) or (9), he shall forthwith upon the making of that decision, cause to be served upon the practitioner, either personally or by post, a statement in writing setting out the terms of the decision.
“(14) Where, in pursuance of sub-section (13), the Minister causes to be served upon a practitioner a statement in writing setting out the terms of his decision in relation to that practitioner under sub-section (8) or (9), he shall ensure that there is included with that statement a further statement in writing setting out the findings on material questions of fact, referring to the evidence or other material on which those findings were based and giving the reasons for his decision.
“(15) Where a determination is made under sub-section (9) in relation to a practitioner in respect of whom a determination is in force under sub-section (8), the last-mentioned determination continues in force except to the extent (if any) to which it is inconsistent with the first-mentioned determination.
“(16) A convicted practitioner is not eligible to make an application under sub-section (8) if he has at any time been a disqualified practitioner.
“(17) A disqualified practitioner is not eligible to make an application under sub-section (9) if—
(a) he had at any time before the commencement of his disqualification been a disqualified practitioner;
(b) he had previously made such an application; or
(c) a determination was made in relation to him under sub-section (8) and that determination has been revoked under sub-section (19).
“(18) The Minister shall not exercise his powers under sub-section (8) or (9) to make a determination in relation to a practitioner unless, having regard to all matters that he considers to be relevant, including in particular, but without limiting the generality of the foregoing, the likely effect of not making a determination, or of not making a determination of a particular kind, on the patients of the practitioner, he is satisfied that there are special circumstances that warrant his so exercising his powers.
“(19) Where—
(a) a determination has been made under sub-section (8) or (9) in relation to a convicted practitioner and the practitioner contravenes or fails to comply with a condition to which the determination is subject; or
(b) a determination has been made under sub-section (8) or (9) in relation to a convicted practitioner and the practitioner is, after the making of that determination, convicted of a relevant offence committed after he became a convicted practitioner or an offence against sub-section 19d (2) or (7),
the Minister may, in his discretion, by notice in writing served on the practitioner, either personally or by post, revoke the determination, and in that event, the practitioner shall be taken for all purposes of this section to be a fully disqualified practitioner for the period commencing on such day as the Minister specifies in the notice, being a day not earlier than 56 days or such longer period as is prescribed for the purposes of this sub-section, after the service on him of the notice of revocation and expiring 3 years after whichever of the following days is applicable to the practitioner, that is to say the day first referred to in paragraph (7) (a) or the day referred to in sub-paragraph (7) (b) (i) or sub-sub-paragraph (7) (b) (ii) (a) or (b).
“(20) Upon application made by a convicted practitioner, a court before which proceedings by way of appeal from, or review of, a relevant conviction are instituted may, by order in writing served on the Minister, either personally or by post, upon such conditions (if any) as it thinks fit, determine that there be substituted—
(a) for the period of 28 days referred to in sub-section (8); or
(b) if a longer period is prescribed for the purposes of that sub-section—for that longer period,
such longer period as is specified in, or ascertained in accordance with, the order.
“(21) Where an application is made by a practitioner to a court in respect of a decision of the Minister under sub-section (8) or a decision of the Administrative Appeals Tribunal upon review of that first-mentioned decision, the court may, by order in writing served on the Minister, either personally or
by post, upon such conditions (if any) as it thinks fit, determine that there be substituted—
(a) for a period of 56 days referred to in sub-paragraph (7) (b) (i) or sub-sub-paragraph (7) (b) (ii) (a) or (b);
(b) if a longer period than 56 days is prescribed for the purposes of that sub-paragraph or that sub-sub-paragraph, as the case may be—for that longer period,
such longer period as is specified in, or ascertained in accordance with, the order.
“(22) Where a court makes an order under sub-section (21) in relation to a practitioner, the court may, by order in writing served on the Minister, either personally or by post, upon such conditions (if any) as it thinks fit, determine that there be substituted for the day that is the prescribed day in relation to the practitioner for the purposes of section 19c, such other day as is specified in, or ascertained in accordance with, the order.
“(23) Without prejudice to the
meaning of the expressions ‘dental practitioner’, ‘medical practitioner’ and ‘optometrist’
in any provision of this Act or the
“19c. (1) In this section—
‘convicted practitioner’, ‘determination’, ‘disqualified practitioner’, ‘patients’ and ‘practitioner’ have the same respective meanings as those expressions have in section 19b;
‘prescribed day’ means—
(a) in relation to a convicted practitioner to whom paragraph 19b (7) (a) applies—the day referred to in sub-paragraph 19b (7) (a) (i) or (ii), whichever is applicable;
(b) in relation to a convicted practitioner to whom sub-paragraph 19b (7) (b) (i) applies—the twenty-ninth day after the day on which the statement referred to in that sub-paragraph is served on the practitioner;
(c) in the case of a convicted practitioner to whom sub-sub-paragraph 19b (7) (b) (ii) (a) applies—the twenty- ninth day after the day on which a copy of the decision of the Administrative Appeals Tribunal referred to in that sub-sub-paragraph is served on the practitioner; and
(d) in the case of a convicted practitioner to whom sub-sub-paragraph 19b (7) (b) (ii) (b) applies—the twenty-ninth day after the day on which the statement referred to in that sub-sub-paragraph is served on the practitioner,
or, if another day is substituted by a court for the day applicable under paragraph (b), (c) or (d), the day so substituted.
“(2) As soon as practicable after the day that is the prescribed day in relation to a convicted practitioner, the Minister shall cause to be prepared a statement setting out particulars of the disqualification resulting from the practitioner becoming a convicted practitioner including the reasons for the disqualification and explaining the effects of that disqualification.
“(3) Where the Minister makes a determination under sub-section 19b (9) in relation to a practitioner, he shall, as soon as practicable, cause to be prepared a statement setting out particulars of the determination including the reasons for the determination and explaining the effects of that determination.
“(4) Where the Minister revokes a determination, in relation to a practitioner under sub-section 19b (19), the Minister shall, as soon as practicable after the commencement of the period of 28 days, or such longer period as is prescribed for the purposes of this sub-section, ending on the day on which the practitioner becomes a fully disqualified practitioner by virtue of the operation of that sub-section, cause to be prepared a statement setting out particulars of the revocation of the determination including the reasons for the revocation of the determination and explaining the effects of that revocation.
“(5) Where a statement is prepared under sub-section (2), (3) or (4), the Minister—
(a) shall, as soon as practicable after the preparation of the statement, and from time to time thereafter, may, cause the statement, or an abstract of the statement, to be published in the prescribed manner; and
(b) shall, within 15 sitting days of each House of the Parliament after the preparation of the statement, cause a copy of the statement to be laid before that House.
“(6) An action or proceeding, civil or criminal, does not lie against a person for publishing in good faith a copy of, a fair extract from, or a fair abstract of, a statement published in accordance with this section.
“(7) For the purposes of sub-section (6), a publication shall be deemed to be made in good faith if the person by whom it is made is not activated by ill will to the person affected by the publication or by any other improper motive.
“(8) Nothing in sub-section (6) or (7) limits or prevents the operation of any rule of absolute privilege relating to the publication by either House of the Parliament of any document laid before it.
“(9) Nothing in this section authorizes the publication of the name of a patient or particulars that would enable a patient to be identified.
“(10) A reference in this section to the effects of the disqualification of a practitioner, of a determination made under sub-section 19b (9) in relation to a practitioner or of the revocation of a determination made under sub-section 19b (8) or (9) in relation to a practitioner shall be read as a reference to the effects of the disqualification, determination or revocation on the financial relationships (if any) between all or any of the following, namely, the
practitioner, any other practitioner, the Commonwealth, any registered organization and the patients of the practitioner.
“19d. (1) Subject to this section, the Minister may, by instrument in writing served, either personally or by post, on a convicted practitioner after the day that is the prescribed day in relation to the practitioner, direct that, with effect from and including such day as the Minister specifies in the direction, being a day not earlier than the day on which the practitioner becomes a disqualified practitioner, the practitioner, or a person acting on behalf of the practitioner, shall not render a specified professional service or a professional service included in a specified class of specified services, being a professional service or professional services for which, under section 19b, a Commonwealth medical benefit is not payable, unless, before commencing to render that professional service—
(a) in a case to which paragraph (b) does not apply—the practitioner or the person acting on his behalf causes to be given to the person to whom the professional service is to be rendered a copy of such notice as is furnished to the practitioner with the instrument, being a notice setting out particulars of the disqualification of the practitioner and explaining such of the effects of that disqualification as the Minister considers appropriate; or
(b) in a case where the practitioner or the person acting on his behalf has reasonable grounds for believing that the person to whom the service is to be rendered is, or may be, unable to read and understand the notice referred to in paragraph (a)—the practitioner or the person acting on his behalf causes to be taken such steps as are reasonable in all the circumstances to inform the person, or, if that person is in the care of another person, to inform that other person, of the particulars of the disqualification set out in that notice, and to explain to the person or to that other person, as the case requires, such of the effects of the disqualification as are set out in that notice.
“(2) A practitioner who, without reasonable excuse—
(a) refuses or fails to comply with a direction contained in an instrument served on him under sub-section (1); or
(b) causes or permits a person acting on his behalf to refuse or fail to comply with such a direction,
is guilty of an offence punishable upon conviction by a fine not exceeding $100.
“(3) Subject to this section, the Minister may, by instrument in writing served, either personally or by post, on a convicted practitioner after the day that is the prescribed day in relation to the practitioner, direct the practitioner to display in such place as is, or such places as are, and in such manner and during such period as is, specified in the instrument, such notice as is, or such notices as are, furnished to the practitioner with that instrument for the purpose of being displayed by him.
“(4) The Minister shall not exercise his powers under sub-section (3) except for the purpose of publishing to the patients of a convicted practitioner a statement setting out particulars of the disqualification of the practitioner and explaining the effects of that disqualification.
“(5) Where a direction under sub-section (3) is in force, the Minister shall not give a further direction under that sub-section that specifies a period that includes the whole or any part of the period specified in that first-mentioned direction unless he revokes the first-mentioned direction with effect from the expiration of the day immediately preceding the first-mentioned period.
“(6) Unless sooner revoked, a direction given under sub-section (1) or (3) that is in force in relation to a convicted practitioner continues in force in relation to that practitioner—
(a) unless paragraph (b) or (c) applies—until the practitioner ceases to be a convicted practitioner;
(b) if a determination is made under sub-section 19b (9) in relation to the practitioner—until the expiration of the day immediately preceding the day on which the determination comes into effect; or
(c) if, by a notice of revocation given under sub-section 19b (19), a determination made under sub-section 19b (8) or (9) in relation to the practitioner is revoked—until the expiration of the day immediately preceding the day specified in the notice of revocation,
but nothing in this sub-section precludes the giving of a further direction, in a case to which paragraph (b) or (c) applies, at any time after the first-mentioned direction ceases, by virtue of that paragraph, to be in force.
“(7) A practitioner who, without reasonable excuse, refuses or fails to comply with a direction contained in an instrument served on him under sub-section (3) is, in respect of each day during which he so refuses or fails to comply with the direction (including the day of a conviction under this sub-section or any subsequent day), guilty of an offence punishable on conviction by a fine not exceeding $100.
“(8) Where, under sub-section (3), an act or thing is required to be done within a particular period or before a particular time, the obligation to do that act or thing continues, notwithstanding that that period has expired or that time has passed, until that act or thing is done.
“(9) Charges against the same person for any number of offences against sub-section (7) may be joined in the same information or complaint if those offences relate to a failure to do the same act or thing.
“(10) If a person is convicted of 2 or more offences referred to in sub-section (9), being offences related to a refusal or failure to do the same act or thing, the court may impose one penalty in respect of both or all of those offences, but that penalty shall not exceed the sum of the maximum penalties that could be imposed if a penalty were imposed in respect of each offence separately.
“(11) In this section—
‘convicted practitioner’, ‘disqualified practitioner’, ‘patients’ and ‘practitioner’ have the same respective meanings as in section 19b;
‘prescribed day’ has the same meaning as in section 19c.
“(12) In this section, a reference to the effects of the disqualification of a practitioner shall be construed in the same manner as such a reference is required to be construed for the purposes of section 19c.
“19e. (1) Subject to sub-section (2), applications may be made to the Administrative Appeals Tribunal for review of decisions of the Minister under sub-section 19b (8), (9) or (19).
“(2) A person in relation to whom paragraph 19b (19) (b) applies is not entitled to make an application to the Administrative Appeals Tribunal for review of a decision of the Minister under sub-section 19b (19).
“(3) Notwithstanding paragraph 29
(1) (d) and sub-section 29 (2) of the
“(4) Sub-section 29 (7) of the
“(5) The Administrative Appeals Tribunal may, upon application being made to it by the Minister, if the Tribunal is of the opinion that an application for a review of a decision under section 19b (8), (9) or (19) is not being pursued with due expedition, dismiss that application without proceeding to review the decision, or, if the Tribunal has commenced to review the decision, without completing the review, and, where the Tribunal so dismisses an application, the applicant is not entitled to make a further application to the Tribunal for review of that decision.
“(6) In this section, ‘decision’
has the same meaning as in the
(a) by omitting sub-section (1) and substituting the following sub-section:
“(1) Subject to this section, a claim for a Commonwealth medical benefit—
(a) in respect of a professional service other than a professional service referred to in paragraph (b)—shall be lodged with the relevant medical benefits organization; or
(b) in respect of a professional service rendered before 1 September 1981 or such later date as is prescribed—shall be lodged with the relevant medical benefits organization within the period of 2 years, or such further period as is allowed in accordance with sub-section (3a), after the rendering of the service.”;
(b) by adding at the end of paragraph (2) (b) “within the period of 6 months, or such longer period as is allowed in accordance with sub-section (3a), after the rendering of the professional service to which the benefit relates”; and
(c) by inserting after sub-section (3) the following sub-sections:
“(3a) Upon application made by a claimant to the Minister in accordance with the approved form, the Minister may, in his discretion, by notice in writing served on the claimant, allow a longer period for lodging the claim than the period of 2 years referred to in paragraph (1) (b) or the period of 6 months referred to in paragraph (2) (b), as the case may be.
“(3b) In exercising his power under sub-section (3a) to allow a longer period for lodging a claim, the Minister shall have regard to all matters that he considers relevant, including, but without limiting the generality of the foregoing, any hardship that might be caused to the claimant if a longer period is not allowed.”.
(2) The amendments made by sub-section (1) do not apply to claims for Commonwealth medical benefit lodged within 3 months after the commencement of this section.
“(3) Regulations in force for the purposes of paragraph (2) (c) may require information to be supplied in a specified form on a specified kind of disc, tape, film or other medium.
“(4) The Minister may, by notice in
writing served upon the person who is, for the purposes of the
(a) by omitting from paragraph (8) (b) “and”;
(b) by inserting after paragraph (8) (b) the following paragraph:
“(ba) where the advance is the first advance—shall be accompanied by such further information relating to the claim as is prescribed; and”; and
(c) by adding at the end thereof the following sub-sections:
“(10) Regulations in force for the purposes of paragraph (8) (ba) or (8) (c) may require information to be supplied in a specified form on a specified kind of disc, tape, film or other medium.
“(11) The Minister may, by notice in writing served upon the person who is, for the purposes of the
National Health Act 1953, the public officer of a registered medical benefits organization, direct that information accompanying claims for advances under sub-section (1) that are lodged by that organization during a specified period shall be treated, for the purposes of this section, as if they had complied with the requirements of the regulations in force for the purposes of paragraphs (8) (ba) or (8) (c) notwithstanding that in a specified respect or in specified respects those notices did not so comply.”.
(a) by omitting from sub-section (1) “either”;
(b) by omitting paragraphs (1) (a) and (b) and substituting the following paragraphs:
“(a) unless paragraph (b) applies, either—
(i) on behalf of the Commonwealth accept the undertaking; or
(ii) refer to an Optometrical Services Committee of Inquiry for inquiry and report the question whether he would be justified in refusing to accept the undertaking; or
“(b) where the Minister is satisfied that—
(i) if the undertaking of the optometrist were accepted, the optometrist would be likely to carry on the whole or a part of the practice or business of a relevant optometrist; and
(ii) the acceptance of the undertaking would be likely to have the effect of allowing a person to avoid, in whole or in part, the financial consequences of the disqualification, or the likely disqualification, of that relevant optometrist,
refuse to accept the undertaking unless he is satisfied that it is not in the public interest to do so.”; and
(c) by adding at the end thereof the following sub-section:
“(8) In paragraph (1) (b)—
‘disqualification’ has the same meaning as in section 19b;
‘relevant optometrist’ means a participating optometrist or any optometrist other than a participating optometrist—
(a) who or which is a convicted practitioner within the meaning of section 19b; or
(b) who or which the Minister has reasonable grounds to believe may have committed a relevant offence, or relevant offences, within the meaning of section 19b.”.
“(1) In this section, ‘determination’ means a refusal by the Minister, under sub-section 23b (2), to accept an undertaking given by a person who wishes to become a participating optometrist.”.
(a) by inserting after the definition of “member” in sub-section (1) the following definition:
“‘officer’, in relation to a body corporate, means—
(a) a director, secretary or employee of the body corporate;
(b) a receiver and manager of any part of the undertaking of the body corporate appointed under a power contained in any instrument; or
(c) a liquidator of the body corporate appointed in a voluntary winding up;”;
(b) by adding after the definition of “reference” in sub-section (1) the following definition:
“‘relevant person’, in relation to a hearing, means—
(a) where notice of that hearing is given under sub-section 95 (1) to a person other than a body corporate—that person;
(b) where notice of that hearing is given under sub-section 95 (1) to a body corporate—each officer of that body corporate;”;
(c) by omitting from sub-section (1a) “96, 104, 105 or 106” and substituting “104 or 105”;
(d) by omitting from paragraph (1b) (a) “, that are not reasonably necessary for the adequate medical” and substituting “and which were not reasonably necessary for the adequate medical or dental”; and
(e) by adding at the end thereof the following sub-sections:
“(3) In this Division, a reference to a practitioner who is employed by a person includes a reference to a practitioner who provides professional services for or on behalf of that person by reason of a contract, agreement or other arrangement for the provision of his services between—
(a) that person; and
(b) the practitioner or another person.
“(4) Where a practitioner provides a professional service or initiates a pathology service in the course of his employment by another person, then, for the purposes of this Division, that service shall be taken to have been rendered or that pathology service to have been initiated, as the case may be, by that practitioner and not by that other person.
“(5) Any conduct, not being conduct referred to in sub-section (4), engaged in on behalf of a body corporate by an officer of the body corporate or engaged in by an agent of the body corporate at the direction or with the consent or agreement (whether express or implied) of an officer of the body corporate shall be deemed, for the purposes of this Division, to have been engaged in also by the body corporate.”.
“94. Where, after consideration of a matter referred to a Committee by the Minister and of any documents that accompany the reference supplied by the Minister, it appears to the Committee that—
(a) in the case of a question referred to the Committee under section 16c—the Minister may be justified in refusing to accept the undertaking concerned;
(b) a person may have failed to comply with an undertaking given by the person and accepted by the Minister under section 16c;
(c) a practitioner may have rendered excessive services;
(d) a person may have caused or permitted a practitioner employed by the person to render excessive services;
(e) a person, being an officer of a body corporate, may have caused or permitted a practitioner employed by the body corporate to render excessive services;
(f) a practitioner may have initiated excessive pathology services;
(g) a person may have caused or permitted a practitioner employed by the person to initiate excessive pathology services; or
(h) a person, being an officer of a body corporate, may have caused or permitted a practitioner employed by the body corporate to initiate excessive pathology services,
the Committee shall—
(j) unless paragraph (k) applies—conduct a single hearing into the matter; or
(k) if it is satisfied that it is appropriate to do so—conduct 2 or more hearings into the matter, each hearing being a hearing into the matter in so far as the matter relates to one or more of the circumstances referred to in paragraphs (a) to (h) (inclusive).”.
“(1) A Committee shall—
(a) if it proposes to hold a hearing into a matter in so far as the matter relates to a circumstance referred to in paragraph 94 (a) or (b)—cause to be given to the practitioner concerned; or
(b) if it proposes to hold a hearing into a matter in so far as the matter relates to a circumstance referred to in paragraph 94 (c), (d), (e), (f), (g) or (h)—cause to be given to the person first referred to in that paragraph,
notice in writing of the time and place of the proposed hearing at least 10 days before the date of the proposed hearing.”.
(a) by omitting sub-sections (1) and (2) and substituting the following sub-section:
“(1) For the purposes of a hearing, a member may, by writing under his hand, summon a person who is, in relation to that hearing, a relevant person, to attend the hearing and to produce such documents (if any) as are referred to in the summons and to appear at the hearing to give evidence for the purpose only of identifying any such documents.”;
(b) by omitting from sub-section (3) “the practitioner” and substituting “the relevant person concerned”.
(a) by omitting from sub-section (1) “practitioner” and substituting “relevant person”; and
(b) by omitting sub-section (2) and substituting the following sub-sections:
“(2) Where notice of a hearing has been served under section 95 on a person other than a body corporate, and the person has not been summoned under section 96 to attend the hearing, he may attend in person, or may be represented by another person, at the hearing.
“(3) Where notice of a hearing has been served under section 95 on a body corporate, one of the officers of the body corporate, whether or not he is also required to attend the hearing in pursuance of a summons under section 96, may attend or may also attend, as the case requires, in person to represent the body corporate, or the body corporate may be represented by another person, at the hearing.”.
(a) by omitting “practitioner” (wherever occurring) and substituting “relevant person”;
(b) by omitting “or (2)” and substituting “, (2) or (3)”; and
(c) by adding at the end thereof the following sub-section:
“(2) Where a relevant person attends or appears at a hearing to represent a body corporate of which he is an officer, or the body corporate is represented by another person, that relevant person or that other person, as the case requires, shall be given the opportunity to give evidence, and to call witnesses, on behalf of the body corporate, to examine other witnesses appearing at the hearing and to address the Committee.”.
(a) by omitting from paragraph (1) (a) “attend” and substituting “appear”; and
(b) by omitting from sub-section (2) “practitioner” and substituting “relevant person”.
(a) by omitting from sub-section (1a) “practitioner” and substituting “relevant person”; and
(b) by omitting from sub-section (2a) “practitioner is not admissible in evidence against him” and substituting “relevant person is not admissible in evidence against him or against a body corporate of which he is an officer”.
“104. After completion by a Committee of a hearing in relation to a matter, the Committee shall report to the Minister its opinion on the matter and, in a case where the Committee, in the report, expresses the opinion—
(a) that a practitioner specified in the report has rendered excessive services;
(b) that a person specified in the report has caused or permitted a practitioner—
(i) who is employed by the person so specified; or
(ii) who is employed by a body corporate of which the person so specified is an officer,
to render excessive services;
(c) that a practitioner specified in the report has initiated excessive pathology services;
(d) that a person specified in the report has caused or permitted a practitioner—
(i) who is employed by the person so specified; or
(ii) who is employed by a body corporate of which the person so specified is an officer,
to initiate excessive pathology services,
the report shall identify the excessive services.”.
(a) by omitting from paragraph (2) (b) “whether to the practitioner or to another person,”;
(b) by inserting in paragraph (2) (c) “, being a practitioner other than a body corporate,” after “practitioner”;
(c) by inserting in paragraph (2) (ca) “, being a practitioner other than a body corporate,” after “practitioner”;
(d) by inserting in paragraph (2) (f) “, (including another practitioner or another person by whom the first-mentioned practitioner is employed)” after “another person”;
(e) by inserting after sub-section (2) the following sub-section:
“(2a) Where—
(a) a Committee has, in a report under section 104—
(i) expressed the opinion that a person has caused or permitted a practitioner—
(a) who is employed by the first-mentioned person; or
(b) who is employed by a body corporate of which the first-mentioned person is an officer,
to render excessive services or to initiate excessive pathology services; and
(ii) identified those services; and
(b) a medical benefit is payable, or has been paid, in respect of any of those services,
the Committee may in the report make one or more of the following recommendations:
(c) that the first-mentioned person, being a person other than a body corporate, be reprimanded;
(d) that the first-mentioned person, being a person other than a body corporate, be counselled;
(e) where the first-mentioned person, being an approved pathology practitioner, has caused or permitted a practitioner employed by the first-mentioned person to render excessive pathology services—that the Minister revoke his acceptance of the undertaking given under section 16c by the approved pathology practitioner;
(f) where the medical benefit is payable, but has not been paid, to the first-mentioned person—that the medical benefit or a specified part of the medical benefit cease to be payable;
(g) where the medical benefit has been paid to the first-mentioned person or has been paid or is payable to a person other than that first-mentioned person—that the amount of the medical benefit or a specified part of that amount be payable by the first-mentioned person—
(i) in the case of a benefit paid or payable by the Commonwealth—to the Commonwealth; or
(ii) in the case of a benefit paid or payable by a registered organization—to that organization.”; and
(f) by inserting in sub-section (4) “, (2a)” after “sub-section (2)”.
(a) by inserting in sub-section (1) “, (2a)” after “sub-section 105 (2)”; and
(b) by omitting from sub-section (2) “, he shall serve on the practitioner” and substituting “in relation to a person he shall serve on the person to whom the determination relates”.
(a) by omitting sub-section (1) and substituting the following sub-sections:
“(1) As soon as practicable after a determination of the Minister under section 106 takes effect or takes effect as varied, the Minister shall cause to be prepared a statement setting out particulars of that determination, including a statement of the reasons for making the determination, which may take the form of, or include, a reference to,
or an abstract from, the report to the Minister on which the determination is based, together with a statement setting out any comment which the Minister wishes to make, or any material which he wishes to present, in relation to the determination.
“(1a) Where a statement is prepared under sub-section (1), the Minister—
(a) may, if he thinks fit, cause the statement to be published in the
Gazette; and(b) shall cause a copy of the statement to be laid before each House of the Parliament within 15 sitting days of that House after the preparation of the statement.”; and
(b) by inserting after sub-section (3) the following sub-section:
“(3a) Nothing in sub-section (2) or (3) limits or prevents the operation of any rule of absolute privilege relating to the publication by either House of the Parliament of any document laid before it.”.
(a) by inserting after the definition of “Committee” the following definitions:
“‘document’ has the same meaning as it has in Division 3;
‘hearing’ means a hearing conducted under section 106f;”;
(b) by adding after the definition of “member” the following definitions:
“‘officer’ has the meaning as it has under Division 3; ‘relevant person’, in relation to a hearing, means—
(a) where notice of that hearing is given under sub-section 106fa (1) to a person other than a body corporate— that person; or
(b) where notice of that hearing is given under sub-section 106fa (1) to a body corporate—each officer of that body corporate.”; and
(c) by adding at the end thereof the following sub-sections:
“(2) In this Division—
(a) a reference to excessive services is a reference to optometrical services in respect of which medical benefit has become or may become payable and which were not reasonably necessary for the adequate optometrical care of the patient concerned;
(b) a reference to an optometrist includes a reference to a person who has been an optometrist;
(c) a reference to a participating optometrist includes a reference to a person who has been a participating optometrist;
(d) a reference to an optometrical service is a reference to a professional service covered by an item that is expressed to relate to a professional attendance by a participating optometrist;
(e) a reference to a registered organization is a reference to a registered medical benefits organization within the meaning of the
National Health Act 1953; and(f) a reference to a medical benefit in relation to a professional service is as a reference to—
(i) the Commonwealth medical benefit paid or payable in respect of that professional service; and
(ii) the fund medical benefit (if any) paid or payable in respect of that professional service.
“(3) In this Division, a reference to an optometrist who is employed by a participating optometrist includes a reference to an optometrist who provides professional services for or on behalf of that participating optometrist by reason of a contract, agreement or other arrangement for the provision of his services entered between—
(a) that participating optometrist; and
(b) the first-mentioned optometrist or another person.
“(4) Where an optometrist provides a professional service in the course of his employment by a participating optometrist, then, for the purposes of this Division, that professional service shall be taken to have been rendered by that first-mentioned optometrist and not by that participating optometrist.
“(5) Any conduct, not being conduct referred to in sub-section (4), engaged in on behalf of a body corporate by an officer of the body corporate or engaged in by an agent of the body corporate at the direction or with the consent or agreement (whether express or implied) of an officer of the body corporate shall be deemed, for the purposes of this Division, to have been engaged in also by the body corporate.”.
“106d. Sections 83 to 87 inclusive, 89, 90, 91, 93, 97, 98, 99 and 103 apply in relation to an Optometrical Services Committee of Inquiry as if a reference in those sections to a Medical Services Committee of Inquiry were a reference to an Optometrical Services Committee of Inquiry.”.
(a) by omitting “The” and substituting “Subject to section 106f, the”; and
(b) by omitting “, including conducting a hearing”.
“106f. Where, after consideration of a matter referred to a Committee by the Minister and of any documents that accompany the reference supplied by the Minister, it appears to the Committee that—
(a) in the case of a question referred to the Committee under section 23b—the Minister may be justified in refusing to accept the undertaking concerned;
(b) a participating optometrist may have failed to comply with an undertaking given by the participating optometrist and accepted by the Minister under section 23b;
(c) an optometrist (whether or not a participating optometrist) may have rendered excessive services;
(d) a participating optometrist may have caused or permitted an optometrist employed by the participating optometrist to render excessive services;
(e) a person, being an officer of a participating optometrist that is a body corporate, may have caused or permitted an optometrist employed by the participating optometrist to render excessive services,
the Committee shall—
(f) unless paragraph (g) applies—conduct a single hearing into the matter; or
(g) if it is satisfied that it is appropriate to do so—conduct 2 or more separate hearings into the matter, each hearing being a hearing into the matter in so far as the matter relates to one or more of the circumstances referred to in paragraphs (a) to (e) inclusive.
“106fa. (1) A Committee shall—
(a) if it proposes to hold a hearing into a matter in so far as the matter relates to a circumstance referred to in paragraph 106f (a) or (b)—give or cause to be given to the participating optometrist concerned; or
(b) if it proposes to hold a hearing into a matter in so far as the matter relates to a circumstance referred to in paragraph 106f (c), (d) or (e)—give or cause to be given to the person first referred to in that paragraph,
notice in writing of the time and place of the proposed hearing at least 10 days before the date of the proposed hearing.
“(2) A notice under sub-section (1) shall give particulars of the matter to which the hearing relates.
“(3) A notice under sub-section (1) may be served on a person either personally or by post.
“106fb. (1) For the purposes of a hearing, a member may, by writing under his hand, summon a person who is, in relation to that hearing, a relevant person to produce such documents (if any) as are referred to in the summons and to appear at the hearing to give evidence for the purpose only of identifying any such documents.
“(2) A summons under this section may be served upon the relevant person concerned personally or by post.
“106fc.
“(2) Where notice of a hearing has been served under section 106fa on a person other than a body corporate and the person has not been summoned under section 106fb to attend the hearing he may attend in person, or may be represented by another person at the hearing.
“(3) Where notice of a hearing has been served under section 106fa on a body corporate, one of the officers of the body corporate, whether or not he is also required to attend the hearing in pursuance of a summons under section 106fb, may attend, or may also attend, as the case requires, in person to represent the body corporate, or the body corporate may be represented by another person, at the hearing.”.
“106fd. (1) Where a relevant person attends, appears or is represented at a hearing in accordance with sub-section 106fc (1), (2) or (3), he or his representative, as the case requires, shall be given the opportunity to give evidence, and to call witnesses, on behalf of the relevant person, to examine other witnesses appearing at the hearing and to address the Committee.
“(2) Where a relevant person attends or appears at a hearing to represent a body corporate of which he is an officer, or the body corporate is represented by another person, that relevant person or that other person, as the case requires, shall be given the opportunity to give evidence, and to call witnesses, on behalf of the body corporate, to examine other witnesses appearing at the hearing and to address the Committee.
“106fe. A person summoned (otherwise than under section 106fb) to appear as a witness at a hearing before the Committee is entitled to be paid allowances, fixed by or in accordance with the regulations, for expenses in respect of his attendance.
“106ff. (1) A person served with a summons to appear at a hearing shall not, without reasonable excuse—
(a) fail to appear as required by the summons; or
(b) fail to appear and report himself from day to day unless excused, or released from further attendance, by a member.
“(2) A relevant person served with a summons to attend a hearing shall not, without reasonable excuse—
(a) fail to attend as required by the summons; or
(b) fail to attend and report himself from day to day unless excused, or released from further attendance, by a member.
Penalty: $1,000.
“106fg. (1) A person appearing as a witness at a hearing (whether summoned to appear or not) shall not, without reasonable excuse—
(a) refuse or fail to be sworn or to make an affirmation;
(b) refuse or fail to answer a question that he is required to answer; or
(c) refuse or fail to produce a document that he is required under this Act to produce.
Penalty: $1,000.
“(2) A relevant person attending before the Committee shall not, without reasonable excuse, refuse or fail to produce a document that he is required to produce by a summons under section 106fb.
Penalty: $1,000.
“(3) A statement or disclosure made by a witness at a hearing is not admissible in evidence against him in civil or criminal proceedings in a court except in a prosecution for giving false testimony at the hearing.
“(4) A document produced at a
hearing by a relevant person is not admissible in evidence against him or
against a body corporate of which he is an officer in criminal proceedings
except in a prosecution under or arising out of this Act or the regulations or
the
“(5) It is a defence in proceedings for an offence for refusing or failing, without reasonable excuse, to produce a document at a hearing if it is proved that the document was not relevant to the subject matter of the hearing.
“106fh. After completion by a Committee of a hearing in relation to a matter, the Committee shall report to the Minister its opinion on the matter, and, in a case where the Committee, in the report, expresses the opinion—
(a) that an optometrist (whether or not a participating optometrist) who is specified in the report has rendered excessive services; or
(b) that a person specified in the report has caused or permitted an optometrist—
(i) who is employed by the person so specified; or
(ii) who is employed by a body corporate of which the person so specified is an officer,
to render excessive services,
the report shall identify the excessive services.
“106fj. (1) Where a report by a Committee under section 106fh relates to a question referred to the Committee under section 23b, the Committee shall, in the report—
(a) recommend to the Minister that he accept the undertaking concerned; or
(b) recommend to the Minister that he refuse to accept the undertaking concerned.
“(2) Where—
(a) a Committee has, in a report under section 106fh, expressed the opinion that an optometrist (whether or not a participating optometrist) has rendered excessive services and has identified those services; and
(b) a medical benefit is payable, or has been paid, in respect of any of those services,
the Committee may, in the report, make one or more of the following recommendations:
(c) that the optometrist be reprimanded;
(d) that the optometrist be counselled;
(e) in the case of the rendering of excessive services by a participating optometrist—that the acceptance by the Minister of the undertaking by the participating optometrist under section 23b be revoked, either wholly or in so far as the undertaking covers particular premises;
(f) where a medical benefit is payable, but has not been paid, to the optometrist—that the medical benefit or a specified part of the medical benefit cease to be payable;
(g) where a medical benefit has been paid to the optometrist or has been paid, or is payable, to another person (including a participating optometrist by whom the first-mentioned optometrist is
employed)—that the amount of the medical benefit or a specified part of that amount be payable by the optometrist—
(i) in the case of a benefit paid or payable by the Commonwealth—to the Commonwealth; or
(ii) in the case of a benefit paid or payable by a registered organization—to that organization.
“(3) Where—
(a) a Committee has, in a report under section 106fh—
(i) expressed the opinion that a person has caused or permitted an optometrist—
(a) who is employed by the first-mentioned person; or
(b) who is employed by a body corporate of which the first-mentioned person is an officer,
to render excessive services; and
(ii) identified those services; and
(b) a medical benefit is payable, or has been paid, in respect of any of those services,
the Committee may in the report make one or more of the following recommendations:
(c) that the first-mentioned person, being a person other than a body corporate, be reprimanded;
(d) that the first-mentioned person, being a person other than a body corporate, be counselled;
(e) where the first-mentioned person, being a participating optometrist, has wilfully authorized or permitted an optometrist employed by the first-mentioned person to render excessive services—that the acceptance by the Minister of the undertaking by the participating optometrist under section 23b be revoked, either wholly or in so far as the undertaking covers particular premises;
(f) where the medical benefit is payable, but has not been paid, to the first-mentioned person—that the medical benefit or a specified part of the medical benefit cease to be payable;
(g) where the medical benefit has been paid to the first-mentioned person or has been paid or is payable to a person other than the first-mentioned person—that the amount of the medical benefit or a specified part of that amount be payable by the first-mentioned person—
(i) in the case of a benefit paid or payable by the Commonwealth —to the Commonwealth; or
(ii) in the case of a benefit paid or payable by a registered organization—to that organization.
“(4) Where a Committee has, in a report under section 106fh, expressed the opinion that a participating optometrist has failed to comply with an
undertaking given by the participating optometrist and accepted by the Minister under section 23b, the Committee may, in the report, make one or more of the following recommendations:
(a) that the participating optometrist, being a participating optometrist other than a body corporate, be reprimanded;
(b) that the participating optometrist, being a participating optometrist other than a body corporate, be counselled;
(c) that the acceptance by the Minister of the undertaking by the participating optometrist under section 23b be revoked, either wholly or in so far as the undertaking covers particular premises;
(d) that, where a medical benefit is payable, but has not been paid, to the participating optometrist in respect of a professional service and the Committee is of the opinion that the participating optometrist failed to comply with that undertaking in relation to that service, the medical benefit or a specified part of the medical benefit cease to be payable;
(e) that, where a medical benefit has been paid to the participating optometrist, or has been paid, or is payable, to another person, in respect of a professional service and the Committee is of the opinion that the participating optometrist failed to comply with that undertaking in relation to that service, the amount of the medical benefit or a specified part of that amount be payable by the participating optometrist—
(i) in the case of a benefit paid or payable by the Commonwealth—to the Commonwealth; or
(ii) in the case of a benefit paid or payable by a registered organization—to that organization.
“(5) Where, in its report, a Committee recommends under sub-section (1) the refusal of the acceptance of an undertaking, or makes a recommendation under sub-section (2), (3) or (4), it shall send to the Minister with the report a transcript of the proceedings at the hearing to which the report relates, and shall return any documents that accompanied the reference.
“106fk. (1) Where a Committee makes a recommendation referred to in sub-section 106fj (2), (3) or (4), the Minister may make a determination, in writing, in accordance with that recommendation.
“(2) Where the Minister makes a determination under sub-section (1) he shall serve, either personally or by post, on the person to whom the determination relates, a notification in writing setting out the determination.
“(3) Where the Minister makes a determination under sub-section (1), then—
(a) if no request for review of the determination under Division 3 of Part Va or application for judicial review of the determination under Division 4 of that Part is lodged within the period allowed for such a
request or application, the determination takes effect at the expiration of that period;
(b) if a request for review of the determination under Division 3 of Part Va or an application for judicial review of the determination under Division 4 of that Part is lodged within the period allowed for such a request or application, then—
(i) if the determination is set aside on the review—subject to paragraph (c), the determination does not take effect; or
(ii) if the determination is affirmed, or varied, on the review and no appeal against the decision on the review is brought by virtue of section 124a within the period allowed for such an appeal—the determination takes effect, or takes effect as so varied, at the expiration of that period; or
(c) if an appeal against the decision on a review under Division 3 of Part Va or a judicial review under Division 4 of that Part is brought by virtue of section 124a within the period allowed for such an appeal, the determination does not have effect until the appeal, and any further appeal or appeals, are determined and, upon the determination of the appeal and any such further appeal or appeals, the determination takes effect or takes effect as varied or does not take effect, in accordance with the judgment or order on the appeal or further appeal or appeals.
“(4) Where a determination under sub-section (1) provides for the payment of an amount to a registered organization, the Minister shall, as soon as practicable after the determination takes effect, forward to the organization a copy of the determination.”.
(a) by omitting sub-section (1) and substituting the following sub-sections:
“(1) As soon as practicable after a determination of the Minister under section 106fk takes effect or takes effect as varied, the Minister shall cause to be prepared a statement setting out particulars of that determination, including a statement of the reasons for making the determination, which may take the form of, or include, a reference to, or an abstract from, the report to the Minister on which the determination is based, together with a statement setting out any comment which the Minister wishes to make, or any material which he wishes to present, in relation to the determination.
“(1a) Where a statement is prepared under sub-section (1), the Minister—
(a) may, if he thinks fit, cause the statement to be published in the
Gazette; and(b) shall cause a copy of the statement to be laid before each House of the Parliament within 15 sitting days of that House after the preparation of the statement.”; and
(b) by inserting after sub-section (3) the following sub-section:
“(3a) Nothing in sub-section (2) or (3) limits or prevents the operation of any rule of absolute privilege relating to the publication by either House of the Parliament of any document laid before it.”.
(a) by omitting from paragraph (1) (b) “23c” and substituting “106fk”; and
(b) by omitting sub-paragraph (1) (c) (i) and substituting the following sub-paragraph:
“(i) a determination made under section 106fk in accordance with a recommendation referred to in sub-section 106fj (4); or”.
(a) by omitting sub-paragraph (1) (b) (ii) and substituting the following sub-paragraph:
“(ii) in the case of a determination made under section 106 in accordance with a recommendation referred to in paragraph 105, (2) (e) or (f), 105 (2a) (f) or (g) or 105 (3) (c) or (d) or a determination made under section 106fk in accordance with a recommendation referred to in paragraph 106fj (2) (f) or (g), 106fj (3) (f) or (g) or 106fj (4) (d) or (e)—affirm, set aside or vary the determination;”; and
(b) by omitting from sub-paragraph (1) (b) (iii) “23c or 106” and substituting “106 or 106fk”.
(a) by inserting after sub-section (1) the following sub-sections:
“(1a) Where—
(a) a person makes a statement, either orally or in writing, or issues or presents a document, that is false or misleading in a material particular;
(b) the statement or document is capable of being used in, in connection with, or in support of, an application for payment of an amount under this Act;
(c) the material particular in respect of which the statement or document is false or misleading is substantially based upon a statement made, either orally or in writing, or a document issued or presented, to the person or to an agent of the person by another person who is an employee or agent of the first-mentioned person;
(d) the last-mentioned statement or document is false or misleading in a material particular; and
(e) that other person knew, or had reasonable grounds to suspect, that the last-mentioned statement or document would be used in the preparation of a statement or document of the kind referred to in paragraph (b),
that other person is guilty of an offence punishable on conviction by a fine not exceeding $10,000 or imprisonment for a period not exceeding 5 years.
“(1b) In sub-section (1a), a reference to an employee of a person shall, in a case where that person is a corporation, be read as a reference to—
(a) a director, secretary or employee of the corporation;
(b) a receiver and manager of any part of the undertaking of the corporation appointed under a power contained in any instrument; or
(c) a liquidator of the corporation appointed in a voluntary winding up.”.
(b) by omitting from sub-section (3) “to which the prosecution relates” and substituting “, made, issued, presented or furnished by him”; and
(c) by adding at the end thereof the following sub-section:
“(4) Nothing in sub-section (1a) affects the application to any person of sub-section (1) or (2).”.
(a) by omitting from sub-section (3) “an officer” and substituting “the Permanent Head”;
(b) by omitting from paragraph (3) (a) “that it is necessary in the public interest that any information acquired by the officer” and substituting “, by instrument in writing, that it is necessary in the public interest that any information acquired by an officer”;
(c) by inserting in sub-section (5) “the preceding provisions of” after “Nothing in”; and
(d) by omitting sub-section (6) and substituting the following sub-sections:
“(6) Notwithstanding anything contained in sub-sections (1) and (2), where—
(a) a person has been convicted of—
(i) an offence against section 129, 129aa or 129aaa of this Act; or
(ii) an offence against—
(a) section 6, 7 or 7a of the
Crimes Act 1914; or(B) sub-section 86 (1) of that Act by virtue of paragraph (a) of that sub-section,
being an offence that relates to an offence referred to in sub-paragraph (i); or
(b) an order has been made in relation to a person under section 19b of the
Crimes Act 1914 in relation to an offence referred to in sub-paragraph (a) (i) or (ii),the Permanent Head may divulge any information acquired by an officer in the performance of his duties, or in the exercise of his powers or functions, under this Act that concerns a matter referred to in paragraph (a) or (b) to—
(c) the Director-General of Social Services;
(d) the Secretary to the Department of Veterans’ Affairs;
(e) a person or persons who, under a law of a State or Territory that provides for the registration or licensing of practitioners, optometrists or opticians, is, or are, empowered to take disciplinary action with respect to practitioners, optometrists or opticians or to investigate practitioners, optometrists or opticians in connection with the taking of such disciplinary action; or
(f) a director, secretary or employee of a registered organization who is authorized by the Permanent Head, by instrument in writing, for the purposes of this sub-section.
“(7) Notwithstanding anything contained in sub-section (1) or (2), where the Minister, by instrument in writing, certifies that it is
desirable for such of the following purposes as he specifies in the certificate, that is to say—
(a) the administration of an Act administered by the Minister for Social Security;
(b) the administration of an Act administered by the Minister for Veterans’ Affairs;
(c) the administration of a specified law of a State or Territory, being a law that provides for the registration or licensing of practitioners, optometrists or opticians; or
(d) the carrying on of the business of a specified registered organization or a registered organization included in a specified class of registered organizations,
that information of a kind referred to in the certificate, being information acquired by an officer in the performance of his duties, or in the exercise of his powers or functions, under this Act, should be divulged, the Permanent Head may divulge information of that kind—
(e) if the certificate specifies a purpose of the kind referred to in paragraph (a)—to the Director-General of Social Services;
(f) if the certificate specifies a purpose of the kind referred to in paragraph (b)—to the Secretary to the Department of Veterans’ Affairs;
(g) if the certificate specifies a purpose in relation to a specified law of the kind referred to in paragraph (c)—to the person or persons who, under that law, is, or are, empowered to take disciplinary action with respect to practitioners, optometrists or opticians or to investigate practitioners, optometrists or opticians in connection with the taking of such disciplinary action; or
(h) if the certificate specifies a purpose of the kind referred to in paragraph (d)—to a director, secretary or employee of each registered organization to which the certificate relates, being a director, secretary or employee who is authorized by the Permanent Head, by instrument in writing, for the purposes of this sub-section.
“(8) Information relating to the rendering of a professional service shall not be divulged in pursuance of sub-section (6) or (7) in a manner that is likely to enable the identification of the person to whom that service was rendered unless—
(a) the person to whom that service was rendered is a person referred to in paragraph (6) (a) or (b); or
(b) the Minister certifies that he has reasonable grounds for suspecting that the person to whom that service was rendered has committed, or is committing, an offence of the kind referred to in sub-paragraph 6 (a) (i) or (ii).
“(9) A person to whom information is divulged under sub-section (6) or (7) and any person or employee under the control of the first-mentioned person shall not, directly or indirectly, except—
(a) in the case of the Director-General of Social Services or a person or employee under the control of the Director-General of Social Services—in the performance of his duties, or in the exercise of his powers or functions, under an Act administered by the Minister for Social Security;
(b) in the case of the Secretary to the Department of Veterans’ Affairs or a person or employee under the control of the Secretary—in the performance of his duties, or in the exercise of his powers or functions, under an Act administered by the Minister for Veterans’ Affairs;
(c) in the case of a person or persons referred to in paragraph (6) (e) or (7) (g) or a person or employee under the control of such a person or persons—in the performance of his duties, or in the exercise of his powers or functions, under the law referred to in that paragraph; or
(d) in the case of a director, secretary or employee of a registered organization or a person or employee under the control of such a person—in the performance of his duties, or in the exercise of his powers or functions in relation to the carrying on of the business of the organization,
and while he is, or after he ceases to be, such a person, make a record of, or divulge or communicate to any person, any information so divulged.
Penalty: $500.
“(10) A person to whom information is divulged under sub-section (6) or (7) or a person or employee under the control of the first-mentioned person shall not, except in the performance of duties or the exercise of powers or functions referred to in whichever of paragraphs (9) (a), (b), (c) and (d) is applicable, be required—
(a) to produce in court any document that has come into his possession or under his control under sub-section (6) or (7); or
(b) to divulge or communicate to a court any matter or thing that has come under his notice under sub-section (6) or (7).
“(11) The powers conferred by sub-sections (6) and (7) are in addition to, and not in derogation of, the powers conferred by sub-section (3).
“(12) The powers conferred by sub-section (6) are in addition to, and not in derogation of, the powers conferred by sub-section (7).
“(13) Nothing in sub-section (3), (6) or (7) shall be taken to affect the exception referred to in sub-section (1) or (2).
“(14) In this section, ‘officer’ means a person performing duties, or exercising powers or functions, under, or in relation to, this Act.”.
(a) by omitting from sub-section (1) “if his income during any” and substituting “within 14 days after the expiration of any prescribed period if his income during the”; and
(b) by omitting from sub-section (3) “immediately after the dependant so ceases to be a dependant, notify the Department of Social Services” and substituting “within 14 days after the dependant so ceases to be a dependant, notify the Department of Social Security”.
“(c) in respect of professional services rendered to persons as in-patients of a recognized hospital by medical practitioners employed by, or under arrangements made by, the hospital—benefits equal to the
amount of the standard hospital fees in relation to the State or Territory in which the hospital is situated;
“(d) in respect of out-patient services provided to persons by a hospital in a State or Territory in which recognized hospitals make charges for out-patient services—benefits equal to the amount of the standard hospital fees in relation to that State or Territory;”.
“(aa) mumps;”.
“73bea. (1) The Minister may, in a case where he believes, on reasonable grounds, that a registered organization, other than a friendly society, proposes to carry on business other than business as a registered organization, direct that organization not to carry on that business.
“(2) The Minister may, in a case where a registered organization, other than a friendly society, is carrying on business other than business as a registered organization, direct that organization to cease, by such date as he specifies in the direction, to carry on that business.
“(3) Subject to sub-section (4), the Minister may give a registered organization a direction with respect to the management of its business as a registered organization.
“(4) The Minister shall not give a registered organization a direction under sub-section (3) that he might have given to that organization under any other provision of this Act.
“(5) The powers conferred on the Minister by this section are in addition to, and not in derogation of, his powers under other provisions of this Act.
“(6) Sub-sections (1), (2) and (3) and any directions given under those sub-sections are not intended to affect the operation of a law of a State or Territory to the extent that that law is capable of operating concurrently with those sub-sections and those directions.
“(7) In determining whether a provision of this Act other than this section excludes or limits the operation of a law of a State or Territory in relation to a matter dealt with by that provision, sub-section (6) shall be disregarded.”.
“(ea) Where the organization conducts a medical benefits fund, benefits in respect of professional services rendered by, or on behalf of, a disqualified practitioner within the meaning of section 19b of the
Health Insurance Act 1973, being professional services for which, under that section, a Commonwealth medical benefit is not payable, will not be payable by the organization to the contributors to that fund.”.
1. No. 42, 1974, as amended. For previous amendments, see No. 58, 1975; Nos. 59, 91, 101 and 109, 1976; No. 75, 1977; Nos. 89 and 133, 1978; Nos. 53 and 123, 1979; No. 132, 1980; and No. 118, 1981.
2. No. 95, 1953, as amended. For previous amendments, see No. 68, 1955; Nos. 55 and 95, 1956; No. 92, 1957; No. 68, 1958; No. 72, 1959; No. 16, 1961; No. 82, 1962; No. 77, 1963; No. 37, 1964; Nos. 100 and 146, 1965; No. 44, 1966; Nos. 14 and 100, 1967; No. 100, 1968; No. 102, 1969; No. 41, 1970; No. 85, 1971; No. 114, 1972; Nos. 49 and 202, 1973; No. 37, 1974; Nos. 1, 13 and 93, 1975; Nos. 1, 60, 91, 99, 108, 157 and 177, 1976; Nos. 98 and 100, 1977; Nos. 36, 88, 132 and 189, 1978; Nos. 54, 91 and 122, 1979; Nos. 117 and 131, 1980; and Nos. 74 and 118, 1981.
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