Health Legislation Amendment Act 1986 (Cth)

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Health Legislation Amendment Act 1986

No. 75 of 1986

TABLE OF PROVISIONS

PART I—PRELIMINARY

Section

1. Short title

2. Commencement

PART II—AMENDMENTS OF HEALTH INSURANCE ACT 1973

3. Principal Act

4. Interpretation

5. Insertion of new section—

3aaa. Approved pathology practitioners to carry out pathology services or to supervise pathology services personally

6. Health services not specified in an item

7. Variations and alterations of general medical services table

8. Minister may vary pathology services table

9. Multiple pathology services

10. Insertion of new sections—

4ba. Pathologist-determinable services

4bb. Prescribed pathology services

4bc. Manner of making determinations under sections 4a, 4ba and 4bb

11. Interpretation

12. Increased fee in complex cases

13. Appeal from decision on increased fee

14. Medicare benefit in respect of 2 or more operations

15. Repeal of sections 16a, 16b and 16c and substitution of new section—

16a. Medicare benefits in relation to pathology services

16. Regulations may provide that medicare benefit not be payable in respect of a prescribed class of professional services

17. Medicare benefit not payable in respect of services rendered by disqualified practitioners, &c.

18. Assignment of medicare benefit

TABLE OF PROVISIONS—continued

Section

19. Insertion of new Part—

PART IIa—SPECIAL PROVISIONS RELATING TO PATHOLOGY

Division 1—Preliminary

23da. Interpretation

23db. Forms of undertaking

Division 2Approved pathology practitioners and approved pathology authorities

23dc. Giving and acceptance of approved pathology practitioner undertaking

23dd. Period of effect of approved pathology practitioner undertaking

23de. Approved pathology practitioner may terminate undertaking

23df. Giving and acceptance of approved pathology authority undertaking

23dg. Period of effect of approved pathology authority undertaking

23dh. Approved pathology authority may terminate undertaking

23dj. Repayment of fee

23dk. Request forms and confirmation forms

Division 3Breaches of undertakings and initiation of excessive pathology services

23dl. Breaches of undertakings by approved pathology practitioners and approved pathology authorities

23dm. Initiation of excessive pathology services

Division 4Accredited pathology laboratories

23dn. Accredited pathology laboratories

Division 5Miscellaneous

23do. Review of decisions

23dp. Offences in relation to request forms and confirmation forms

20. Functions of Committee

21. Insertion of new Division—

Division 2aPathology Services Advisory Committee

78a. Interpretation

78b. Establishment of Pathology Services Advisory Committee

78c. Functions of Committee

78d. Constitution of Committee

78e. Remuneration and allowances

78f. Resignation

78g. Leave of absence

78h. Termination of appointment

78j. Acting appointments

78k. Meetings of Committee

78l. Proceedings at meetings

22. Interpretation

23. Members of Committees under the National Health Act may be deemed to be members of Committees under this Division

24. Repeal of section 82 and substitution of new section—

82. Functions of Committees

25. Hearing by Committee

26. Notice to practitioner or other person of hearing

27. Report by Committee

28. Recommendation by Committee

29. Determination by Minister

30. Interpretation

31. References and applications to Tribunal or Court

32. Proceedings on review

TABLE OF PROVISIONS—continued

Section

33. Interpretation

34. Chairperson, &c., to be notified if practitioner convicted of relevant offence

35. Chairperson to establish Medicare Participation Review Committee

36. Determinations in relation to relevant offences

37. Insertion of new sections—

124fa. Committee may add parties to proceedings in relation to breach of undertaking by approved pathology practitioner or approved pathology authority

124fb. Determinations in relation to breach of undertaking by approved pathology practitioner

124fc. Determinations in relation to breach of undertaking by approved pathology authority

124fd. Committee may be established and proceedings may continue after undertaking ceases to be in force

124fe. Committee may add parties to proceedings in relation to initiation of excessive pathology services

124ff. Determinations in relation to initiation of excessive pathology services

38. Hearings

39. Guidelines relating to making of determinations

40. Procedure of hearings

41. Chairperson to give notice of determinations by Committee

42. Review by Administrative Appeals Tribunal

43. Giving effect to determinations

44. Chairperson to abolish Committee

45. False statements relating to medicare benefits, &c.

46. Knowingly making false statements relating to medicare benefits, &c.

47. Bribery, &c.

48. Prohibited practices in relation to rendering of pathology services

49. Recovery of amounts

50. Delegation

51. Amendment of Schedule

52. New Schedule 1a to Principal Act

53. Minor amendments

54. Saving of certain proceedings

PART III—AMENDMENTS OF HEALTH INSURANCE COMMISSION ACT 1973

55. Principal Act

56. Borrowing and investment

PART IV—AMENDMENTS OF NATIONAL HEALTH ACT 1953

57. Principal Act

58. Interpretation

59. Interpretation

60. Limited charges for pharmaceutical benefits

61. Interpretation

62. Repeal of heading and substitution of new heading

63. Medical Services Federal Committee of Inquiry (Pharmaceutical Benefits)

64. Functions of Federal Committee

65. Medical Services State Committees of Inquiry (Pharmaceutical Benefits)

66. Functions of State Committees

67. Medical consultants

68. Functions of Federal Committee

69. Functions of State Committee

70. Minor amendments

71. Savings

TABLE OF PROVISIONS—continued

Section

PART V—AMENDMENTS OF STATES GRANTS (NURSE EDUCATION TRANSFER ASSISTANCE) ACT 1985

72. Principal Act

73. Special nurse education transfer grants

PART VI—AMENDMENTS OF TUBERCULOSIS ACT 1948

74. Principal Act

75. Advisory Council

SCHEDULE 1

NEW SCHEDULE 1a TO HEALTH INSURANCE ACT 1973

SCHEDULE 2

MINOR AMENDMENTS OF HEALTH INSURANCE ACT 1973

SCHEDULE 3

MINOR AMENDMENTS OF NATIONAL HEALTH ACT 1953

Health Legislation Amendment Act 1986

No. 75 of 1986

An Act to amend various laws relating to health, and for related purposes

[Assented to 24 June 1986]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

PART I—PRELIMINARY

Short title

1. This Act may be cited as the Health Legislation Amendment Act 1986.

Commencement

2. (1) Section 1, this section, section 3, sub-section 19 (2), section 23, sub-section 47 (1), section 53, Part III, section 57, sections 61 to 71 (inclusive) and Parts V and VI shall come into operation on the twenty-eighth day after the day on which this Act receives the Royal Assent.

(2) Sub-section 4 (2) and sections 58 and 59 shall come into operation, or be deemed to have come into operation, as the case requires, on 1 July 1986.

(3) Sections 45 and 46 shall be deemed to have come into operation on 22 February 1986.

(4) Section 50 shall be deemed to have come into operation on 16 December 1985.

(5) Section 60 shall be deemed to have come into operation on 16 February 1979.

(6) The remaining provisions of this Act shall come into operation on a day, or on respective days, to be fixed by Proclamation.

PART II—AMENDMENTS OF HEALTH INSURANCE ACT 1973

Principal Act

3. The Health Insurance Act 19731is in this Part referred to as the Principal Act.

Interpretation

4. (1) Section 3 of the Principal Act is amended—

(a) by inserting after the definition of “accredited dental practitioner” in sub-section (1) the following definition:

“ ‘accredited pathology laboratory’ means premises in respect of which there is in force an approval under section 23dn;”;

(b) by omitting from sub-section (1) the definition of “approved pathology practitioner” and substituting the following definitions:

“ ‘approved pathology authority’ means a person in respect of whom there is in force an undertaking given by the person, and accepted by the Minister, under section 23df;

‘approved pathology practitioner’ means a person in respect of whom there is in force an undertaking given by the person, and accepted by the Minister, under section 23dc;”;

(c) by inserting after the definition of “eligible person” in sub-section (1) the following definition:

“ ‘excessive pathology service’ means a pathology service—

(a) in respect of which medicare benefit has become or may become payable; and

(b) that is not reasonably necessary for the adequate medical or dental care of the patient concerned;”;

(d) by inserting after the definition of “hospital treatment” in sub-section (1) the following definition:

“ ‘initiate’, in relation to a pathology service, means make the decision by reason of which the service is rendered;”;

(e) by inserting after the definition of “participating optometrist” in sub-section (1) the following definition:

“ ‘pathologist-determinable service’ means a pathology service specified, or a pathology service included in a class of pathology services specified, in a determination in force under section 4ba;”;

(f) by omitting from sub-section (1) the definition of “prescribed pathology service” and substituting the following definition:

“ ‘prescribed pathology service’ means a pathology service specified, or a pathology service included in a class of pathology services specified, in a determination in force under section 4bb;”; and

(g) by omitting “, within the meaning of section 16a,” from paragraph (d) of the definition of “professional service” in sub-section (1).

(2) Section 3 of the Principal Act is amended—

(a) by omitting “wife” from sub-paragraph (aa) (i) of the definition of “dependant” in sub-section (1) and substituting “spouse”;

(b) by omitting “wife or husband” from sub-paragraph (aa) (ii) of the definition of “dependant” in sub-section (1) and substituting “spouse”;

(c) by omitting “wife or husband” from sub-sub-paragraph (aa) (iii) (d) of the definition of “dependant” in sub-section (1) and substituting “spouse”; and

(d) by omitting sub-section (10a).

(3) Section 3 of the Principal Act is amended—

(a) by inserting after the definition of “friendly society” in sub-section (1) the following definition:

“ ‘general medical services table’ means the table of medical services set out in Schedule 1;”;

(b) by omitting from sub-section (1) the definition of “pathology service” and substituting the following definitions:

“ ‘pathology service’ means a medical service to which an item of the pathology services table relates;

‘pathology services table’ means the table of medical services set out in Schedule 1a;”;

(c) by omitting from sub-section (1) the definition of “table” and substituting the following definition:

“ ‘table’ means the table consisting of the general medical services table and the pathology services table.”; and

(d) by inserting in sub-section (5) “general medical services” before “table”.

5. After section 3 of the Principal Act the following section is inserted:

Approved pathology practitioners to carry out pathology services or to supervise pathology services personally

“3aaa. (1) For the purposes of this Act, a pathology service shall not be taken to be rendered on behalf of an approved pathology practitioner unless the service is rendered under the personal supervision of the approved pathology practitioner.

“(2) For the purposes of this Act, a pathology service shall not be taken to be rendered under the personal supervision of an approved pathology practitioner unless the approved pathology practitioner—

(a) exercises a reasonable level of personal control over the rendering of the service; and

(b) has personal responsibility for the proper rendering of the service.”.

Health services not specified in an item

6. Section 3c of the Principal Act is amended by inserting in sub-paragraph (1) (a) (ii) “general medical services table or the pathology services” before “table”.

Variations and alterations of general medical services table

7. Section 4 of the Principal Act is amended—

(a) by inserting in sub-section (1) “general medical services” before “table” (first occurring); and

(b) by inserting in sub-section (2) “(other than pathology services)” after “services”.

Minister may vary pathology services table

8. Section 4aof the Principal Act is amended—

(a) by omitting from sub-section (1) “Medicare Benefits Advisory Committee” and substituting “Pathology Services Advisory Committee”;

(b) by omitting from sub-section (1) “table” and substituting “pathology services table (including a table that has effect by virtue of paragraph (9) (a))”;

(c) by omitting from sub-section (2) “table” and substituting “pathology services table (including a table that has effect by virtue of paragraph (9) (a))”;

(d) by omitting from paragraph (2) (a) “Part 7” and substituting “the table”;

(e) by omitting from sub-section (2) “that Part” (wherever occurring) and substituting “the table”;

(f) by inserting in sub-section (3) “pathology services” before “table” (first occurring);

(g) by omitting sub-section (4) and substituting the following sub-section:

“(4) If the Pathology Services Advisory Committee, otherwise than pursuant to a reference to it under sub-section (1), recommends to the Minister a variation of the pathology services table, the Minister may make a determination varying the table in accordance with the recommendation.”;

(h) by omitting from sub-section (5) “this section” (first occurring) and substituting “sub-section (3) or (4)”;

(j) by inserting in sub-section (5) “pathology services” before “table”; and

(k) by omitting sub-sections (6), (7), (8) and (9) and substituting the following sub-sections:

“(6) The Minister may refer to the Pathology Services Advisory Committee, for its consideration and recommendation, the question whether the table specified in the reference should be substituted for the pathology services table.

“(7) If, after consideration of a question referred to it under sub-section (6), the Committee recommends to the Minister that a table, whether or not the table specified in the reference by the Minister, be substituted for the pathology services table, the Minister may make a determination, in accordance with the recommendation, that the table specified in the determination be substituted for the pathology services table.

“(8) If the Pathology Services Advisory Committee, otherwise than pursuant to a reference to it under sub-section (6), recommends to the Minister that a table be substituted for the pathology services table, the Minister may make a determination, in accordance with the recommendation, that the table specified in the determination be substituted for the pathology services table.

“(9) Upon the coming into effect of a determination made under sub-section (7) or (8)—

(a) the table specified in the determination has effect as if it were set out in Schedule 1ain place of the table (in this sub-section referred to as the ‘superseded table’) in that Schedule; and

(b) the superseded table or, if another table has effect, by virtue of this section, in place of the superseded table, that other table ceases to have effect.”.

Multiple pathology services

9. Section 4b of the Principal Act is amended—

(a) by omitting from sub-section (1) “sections 4 and” and substituting “section”;

(b) by omitting from sub-section (2) “regulation for the purposes of section 4 or a”; and

(c) by inserting in sub-section (3) “pathology services” before “table”.

10. After section 4b of the Principal Act the following sections are inserted:

Pathologist-determinable services

“4ba. The Minister may, after consulting the Royal College of Pathologists of Australasia, determine, in writing, that—

(a) a pathology service specified in the determination is a pathologist-determinable service for the purposes of this Act; or

(b) pathology services included in a class of pathology services specified in the determination are pathologist-determinable services for the purposes of this Act.

Prescribed pathology services

“4bb. The Minister may determine, in writing, that—

(a) a pathology service specified in the determination is a prescribed pathology service for the purposes of this Act; or

(b) pathology services included in a class of pathology services specified in the determination are prescribed pathology services for the purposes of this Act.

Manner of making determinations under sections 4a, 4ba and 4bb

“4bc. (1) In this section, ‘relevant determination’ means a determination under section 4a, 4ba or 4bb.

“(2) Sections 48, 49, 49a and 50 of the Acts Interpretation Act 1901 apply to relevant determinations as if in those provisions references to regulations were references to relevant determinations, references to a regulation were references to a provision of a relevant determination and references to repeal were references to revocation.

“(3) Relevant determinations shall not be taken to be statutory rules within the meaning of the Statutory Rules Publication Act 1903, but sub-sections 5 (3) to (3c) (inclusive) of that Act apply in relation to relevant determinations as they apply to statutory rules.

“(4) For the purposes of the application of sub-section 5 (3b) of the Statutory Rules Publication Act 1903 in accordance with sub-section (3) of this section, the reference in the first-mentioned sub-section to the Minister of State for Sport, Recreation and Tourism shall be read as a reference to the Minister administering this Act.

“(5) Section 5 of the Evidence Act 1905 applies to a relevant determination as that section applies to an order made by the Minister.”.

Interpretation

11. Section 8 of the Principal Act is amended by omitting from sub-section (1) “(except sections 16b and 16c)”.

Increased fee in complex cases

12. (1) Section 11 of the Principal Act is amended—

(a) by inserting in sub-section (2) “the professional service referred to in the claim is a service other than a pathology service and” after “Where”;

(b) by omitting from sub-section (2) “referred to in the claim”;

(c) by inserting after sub-section (2) the following sub-section:

“(2a) Where the professional service referred to in the claim is a pathology service and the Commission considers that the professional service is of unusual length or complexity, the Commission shall—

(a) if the Commission considers that the service is of a kind in respect of which an increased fee may be fixed in accordance with principles furnished to the Commission under paragraph (b) of this sub-section or under sub-section 12 (5)—fix an increased fee for that service, in accordance with those principles, for the purposes of this section; or

(b) in any other case—refer to the Pathology Services Advisory Committee for its consideration and recommendation the question whether the fee specified in the item that relates to that service should, for the purpose of calculating the medicare benefit in respect of the service, be increased, having regard to the unusual features of that service, and, if it is to be increased, what principles are to be followed in fixing the amount of the increased fee for that service for the purposes of this section.”; and

(d) by omitting from sub-section (3) “of the Committee under paragraph (2) (b)” and substituting “under paragraph (2) (b) or (2a) (b)”.

(2) Notwithstanding the amendments made by sub-section (1), section 11 of the Principal Act, as in force immediately before the commencement of this section, continues to apply, after the commencement of this section, in relation to claims for medicare benefit made before the commencement of this section.

Appeal from decision on increased fee

13. (1) Section 12 of the Principal Act is amended—

(a) by omitting from sub-section (2) “Medicare Benefits Advisory Committee” and substituting “relevant committee”;

(b) by omitting from sub-section (3) “Committee” and substituting “relevant committee”;

(c) by omitting from sub-section (4) “Committee” (wherever occurring) and substituting “relevant committee”;

(d) by omitting from sub-section (6) “Medicare Benefits Advisory Committee” and substituting “relevant committee”;

(e) by omitting from sub-section (6) “Committee” (last occurring) and substituting “committee”; and

(f) by adding at the end the following sub-section:

“(8) In this section, ‘relevant committee’, in relation to an appeal in relation to a claim, means—

(a) where the claim is in respect of a professional service other than a pathology service—the Medicare Benefits Advisory Committee; and

(b) where the claim is in respect of a pathology service—the Pathology Services Advisory Committee.”.

(2) Notwithstanding the amendments made by sub-section (1), section 12 of the Principal Act, as in force immediately before the commencement of this section, continues to apply, after the commencement of this section, in relation to claims for medicare benefits made before the commencement of this section.

Medicare benefit in respect of 2 or more operations

14. Section 15 of the Principal Act is amended by inserting in sub-section (4) “general medical services” before “table”.

15. (1) Sections 16a, 16b and 16c of the Principal Act are repealed and the following section is substituted:

Medicare benefits in relation to pathology services

“16a. (1) A medicare benefit is not payable in respect of a pathology service that has been rendered in relation to a person unless—

(a) the service (whether a pathologist-determinable service or not) was determined to be necessary by a practitioner (in this section referred to as the ‘treating practitioner’) whose patient the person was; or

(b) the service was—

(i) a pathologist-determinable service rendered by or on behalf of an approved pathology practitioner; and

(ii) determined to be necessary by that approved pathology practitioner.

“(2) A medicare benefit is not payable in respect of a pathology service (other than a prescribed pathology service to which sub-section (7) applies) unless—

(a) the service was rendered by or on behalf of an approved pathology practitioner;

(b) the service was rendered in an accredited pathology laboratory and was a service of a kind in respect of which the laboratory was accredited;

(c) the proprietor of the laboratory was an approved pathology authority, or the proprietors of the laboratory were persons each of whom was an approved pathology authority; and

(d) either—

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

(ii) the service was rendered in the laboratory under an agreement (whether by way of contract of employment or otherwise) between—

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

(b) the proprietor, or a proprietor, of the laboratory.

“(3) A medicare benefit is not payable in respect of a pathology service (other than a pathologist-determinable service to which sub-section (6) applies) that has been rendered by or on behalf of an approved pathology practitioner unless the service was rendered pursuant to a request made to the approved pathology practitioner by—

(a) the treating practitioner; or

(b) another approved pathology practitioner to whom the treating practitioner has made a request for that service.

“(4) A request to or by an approved pathology practitioner for a pathology service is not effective for the purposes of sub-section (3) unless the request is—

(a) made in writing; or

(b) if made otherwise than in writing—confirmed in writing within the period of 14 days commencing on the day on which the request is made.

“(5) A request to or by an approved pathology practitioner for a pathology service that is made otherwise than in writing and is not confirmed in writing within the period referred to in paragraph (4) (b) shall be deemed, for the purposes of sub-section (3), never to have been made.

“(6) This sub-section applies to a pathology service if the service is a pathologist-determinable service that is rendered by or on behalf of an approved pathology practitioner and the approved pathology practitioner determines that the service is necessary.

“(7) This sub-section applies to a pathology service if the service is a prescribed pathology service that is rendered by or on behalf of a medical practitioner (not being an approved pathology practitioner) and—

(a) the medical practitioner by whom or on whose behalf the service is rendered is the treating practitioner; or

(b) the medical practitioner by whom or on whose behalf the service is rendered—

(i) is a member of a group of practitioners of which the treating practitioner is a member; and

(ii) is requested by the treating practitioner to render the service.

“(8) Where—

(a) a pathology service is rendered by or on behalf of an approved pathology practitioner (in this sub-section referred to as the ‘rendering pathologist’) in an accredited pathology laboratory;

(b) the rendering pathologist is not the proprietor, or a proprietor, of the laboratory; and

(c) the treating practitioner, or an approved pathology practitioner (in this sub-section referred to as the ‘referring pathologist’), made a request for that service to an approved pathology authority who is the proprietor, or a proprietor, of the laboratory,

the treating practitioner or the referring pathologist, as the case may be, shall be deemed, for the purposes of sub-section (3), to have made the request to the rendering pathologist.

“(9) Where—

(a) a practitioner conducts a medical practice or a dental practice; and

(b) another practitioner, or other practitioners, participate (whether as employees or otherwise) in the provision of professional services as part of that practice,

the practitioner referred to in paragraph (a) and the practitioner or practitioners referred to in paragraph (b) shall be taken, for the purposes of this section, to constitute a group of practitioners.

“(10) Where 2 or more practitioners conduct a medical practice or a dental practice as partners, those practitioners and any other practitioner who participates (whether as an employee or otherwise) in the provision of professional services as part of that practice, shall be taken, for the purposes of this section, to constitute a group of practitioners.

“(11) For the purposes of sub-section (10), where 2 or more practitioners share amongst them all the income, or a substantial part of the income, from providing professional services, those practitioners shall be deemed to conduct a practice of providing those professional services as partners.

“(12) In this section—

(a) a reference to a request made in writing or to a confirmation in writing of a request shall be read as including a reference to a request or a confirmation, as the case may be, in such other form as the Minister approves, in writing, from time to time; and

(b) a reference to determining that a service is necessary is a reference to determining that a service is reasonably necessary for the adequate medical care of the patient concerned.

“(13) This section does not apply in relation to a service in relation to which section 21 applies.”.

(2) The amendment made by sub-section (1) applies only in relation to pathology services rendered after the commencement of this section.

Regulations may provide that medicare benefit not be payable in respect of a prescribed class of professional services

16. (1) Section 19aof the Principal Act is amended by omitting sub-section (2) and substituting the following sub-section:

“(2) Regulations shall not be made for the purposes of sub-section (1) except in accordance with a recommendation made to the Minister by—

(a) in the case of regulations in relation to professional services other than pathology services—the Medicare Benefits Advisory Committee under paragraph 67 (1) (aa); or

(b) in the case of regulations in relation to pathology services—the Pathology Services Advisory Committee under paragraph 78c (1) (b).”.

(2) The amendment made by sub-section (1) applies only in relation to regulations made after the commencement of this section.

Medicare benefit not payable in respect of services rendered by disqualified practitioners, &c.

17. Section 19bof the Principal Act is amended—

(a) by inserting in sub-section (2) “(including a pathology service)” after “professional service” (first occurring); and

(b) by adding at the end the following sub-section:

“(3) A medicare benefit is not payable in respect of a pathology service if at the time when the service was rendered, the person by whom or on whose behalf the service was rendered was a person in relation to whom a determination of the kind referred to in subparagraph 124fb (1) (e) (vi) was in effect in respect of that service.

Assignment of medicare benefit

18. (1) Section 20aof the Principal Act is amended—

(a) by inserting in sub-section (4) “(other than a pathology service)” after “professional service” (last occurring); and

(b) by inserting after sub-section (4) the following sub-section:

“(4a) Where—

(a) a pathology service is rendered by or on behalf of an approved pathology practitioner; and

(b) the approved pathology practitioner is acting, in relation to the rendering of the pathology service, on behalf of another person,

the pathology service shall be deemed, for the purposes of this section, not to have been rendered on behalf of that other person.”.

(2) The amendments made by sub-section (1) apply only in relation to services rendered after the commencement of this section.

19. (1) After Part II of the Principal Act the following Part is inserted:

“PART IIa—SPECIAL PROVISIONS RELATING TO PATHOLOGY

“Division 1Preliminary

Interpretation

“23da. (1) In this Part, unless the contrary intention appears—

‘officer’, in relation to a body corporate, means a director, secretary, manager or employee of the body corporate;

‘relevant offence’ means—

(a) a relevant offence within the meaning of Part Vb;

(b) an offence against sub-section 23dp (1), (2) or (3); or

(c) an offence against—

(i) section 6, 7 or 7aof 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 against sub-section 23dp (1), (2) or (3);

‘relevant person’ means a person—

(a) to whom notice has been given under sub-section 23dl(1) or 23dm (1) or in relation to whom notice has been given to a Chairperson of a Medicare Participation Review Committee under sub-section 23dl(4), 23dm(4) or 124d(2);

(b) to whom notice has been given under sub-section 124fa (3) or 124fe (3);

(c) in relation to whom a Medicare Participation Review Committee has made a determination under section 124f, 124fb, 124fc or 124ff;

(d) to whom notice has been given under sub-section 95 (1);

(e) in relation to whom a Medical Services Committee of Inquiry has made a recommendation under section 105;

(f) who has been convicted of a relevant offence; or

(g) who the Minister has reasonable grounds to believe may have committed a relevant offence.

“(2) A reference in this Part to a conviction of an offence includes a reference to the making of an order under section 19b of the Crimes Act 1914 in relation to the offence.

“(3) In this Part, ‘prescribed person’ means a person—

(a) in relation to whom a determination under paragraph 124f (2) (d) or (e) or sub-paragraph 124fb (1) (e) (iv), (v) or (vi) or 124fc (1) (e) (iv) or (v) is in force;

(b) who the Minister has reasonable grounds to believe may have committed a relevant offence, being a relevant offence in relation to which a determination has not been made under sub-section 124f (2);

(c) who is a convicted practitioner within the meaning of section 19B as in force before the commencement of Part Vb; or

(d) who the Minister has reasonable grounds to believe may have committed a relevant offence within the meaning of section 19b as in force before the commencement of Part Vb.

“(4) A reference in this Part to disqualification, in relation to a prescribed person is a reference to—

(a) a determination under paragraph 124f (2)(d) or (e) or sub-paragraph 124fb (1) (e) (iv), (v) or (vi) or 124fc(1)(e) (iv) or (v) in relation to the person; or

(b) a disqualification of the person within the meaning of section 19b as in force before the commencement of Part Vb.

Forms of undertaking

“23db. (1) The Minister may approve, in writing, forms of undertaking to be given by persons who wish to become approved pathology practitioners or approved pathology authorities.

“(2) The Minister may vary, in writing, a form of undertaking approved under sub-section (1).

“(3) A form of undertaking shall make provision for and in relation to such matters as the Minister considers appropriate.

“(4) Without limiting the generality of sub-section (3), a form of undertaking to be given by persons who wish to become approved pathology practitioners may make provision for—

(a) an undertaking by the person that pathology services in respect of which medicare benefits may become payable that are rendered on behalf of the person shall be carried out under the person’s personal supervision;

(b) an undertaking by the person not to render excessive pathology services; and

(c) an undertaking by the person that pathology services in respect of which medicare benefits may become payable that are rendered by or on behalf of the person in an accredited pathology laboratory of which the person is not the proprietor or a proprietor shall not be rendered pursuant to agreements or arrangements of a kind specified in the undertaking.

“(5) Sections 48, 49, 49aand 50 of the Acts Interpretation Act 1901 apply to approvals under sub-section (1) and variations under sub-section (2) as if in those provisions references to regulations were references to approvals or variations, references to a regulation were references to a provision of an approval or variation and references to repeal were references to revocation.

“(6) Approvals under sub-section (1) and variations under sub-section (2) shall not be taken to be statutory rules within the meaning of the Statutory Rules Publication Act 1903,but sub-sections 5 (3) to (3c) (inclusive) of that Act apply in relation to approvals and variations as they apply to statutory rules.

“(7) For the purposes of the application of sub-section 5 (3b) of the Statutory Rules Publication Act 1903 in accordance with sub-section (6) of this section, the reference in the first-mentioned sub-section to the Minister of State for Sport, Recreation and Tourism shall be read as a reference to the Minister administering this Act.

“(8) Section 5 of the Evidence Act 1905 applies to approvals and variations as that section applies to an order made by the Minister.

“Division 2Approved pathology practitioners and approved pathology authorities

Giving and acceptance of approved pathology practitioner undertaking

“23dc. (1) Where a person who is a medical practitioner—

(a) signs an undertaking in writing for the purposes of this section, in accordance with the appropriate approved form; and

(b) gives the undertaking to the Minister together with—

(i) an application for the Minister’s acceptance of the undertaking; and

(ii) a fee of $100 or such higher amount as is prescribed, the Minister may, subject to sub-sections (3), (4) and (5)—

(c) accept the undertaking on behalf of the Commonwealth and determine the period (being a period ending not later than 12 months after the day on which the undertaking comes into force) for which the undertaking is to have effect; or

(d) refuse to accept the undertaking.

“(2) An application under sub-section (1) shall—

(a) be in writing;

(b) be in accordance with the approved form; and

(c) contain such particulars as are determined by the Minister, in writing, for the purposes of this sub-section.

“(3) The Minister shall not accept an undertaking given by a person for the purposes of this section if a determination of the kind referred to in sub-paragraph 124fb (1) (e) (v) is in force in respect of the person.

“(4) The Minister shall not accept an undertaking given by a person for the purposes of this section if the Minister is satisfied that—

(a) if the undertaking were accepted, the person who gave the undertaking would be likely to carry on the whole or a part of the practice or business of a prescribed person; and

(b) 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 prescribed person

“(5) The Minister shall not accept an undertaking given by a person for the purposes of this section unless the Minister is satisfied that the person is a fit and proper person to be an approved pathology practitioner.

“(6) In determining, for the purposes of sub-section (5), whether a person is a fit and proper person to be an approved pathology practitioner, the Minister shall have regard to—

(a) the person’s formal qualifications and experience;

(b) whether the person is a relevant person;

(c) where a Medicare Participation Review Committee has made a determination in relation to the person under section 124f, 124fb, 124fc or 124ff—the terms of that determination;

(d) where a Medical Services Committee of Inquiry has made a recommendation in relation to the person under section 105—the terms of that recommendation;

(e) in a case where the person conducts, or intends to conduct, a practice or business of rendering pathology services—

(i) the persons who derive, or can reasonably be expected to derive, whether directly or indirectly, financial benefit from the conduct of that practice or business; and

(ii) whether any of those persons is a relevant person;

(f) in a case where the person renders, or intends to render, pathology services as the employee of another person—whether that other person is a relevant person;

(g) whether the person is or has been—

(i) associated with a relevant person; or

(ii) in a position to control the operations of a body corporate that—

(a) is, or has been, an approved pathology authority; and

(b) is a relevant person;

(h) such matters as are prescribed for the purposes of this paragraph; and

(j) such other matters as the Minister considers relevant.

“(7) Where a person gives an undertaking under sub-section (1), the Minister may, by notice in writing given to the person, require the person to give the Minister, within such period (being a period ending not earlier than 28 days after the day on which the notice is given) as is specified in the notice, such information in relation to the undertaking, or the application that accompanied the undertaking, as is specified in the notice.

“(8) Without limiting the generality of sub-section (1), where—

(a) the Minister gives a person notice under sub-section (7) in relation to an undertaking given by the person under sub-section (1); and

(b) the person does not give the Minister the information specified in the notice before the end of the period specified in the notice,

the Minister may refuse to accept the undertaking.

“(9) Where the Minister accepts or refuses to accept an undertaking given under sub-section (1), the Minister shall give notice in writing of the acceptance or refusal to the person who gave the undertaking.

“(10) Where the Minister accepts an undertaking given by a person under sub-section (1), the notice given to the person under sub-section (9) shall—

(a) specify the period determined by the Minister, pursuant to paragraph (1) (c), as the period for which the undertaking is to have effect; and

(b) include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for review of the decision of the Minister determining the period for which the undertaking is to have effect by or on behalf of a person whose interests are affected by the decision.

“(11) Where the Minister refuses to accept an undertaking given by a person under sub-section (1), the notice given to the person under sub-section (9) shall include—

(a) a statement to the effect that the person may apply to the Minister under sub-section 23do (1) for reconsideration of the decision of the Minister refusing to accept the undertaking; and

(b) a statement to the effect that if a person whose interests are affected by the decision of the Minister on the reconsideration is dissatisfied with that decision, that person may, subject to the Administrative Appeals Tribunal Act 1975,apply to the Administrative Appeals Tribunal for review of that decision.

“(12) Sections 48, 49, 49aand 50 of the Acts Interpretation Act 1901 apply to determinations made under sub-section (2) as if in those provisions references to regulations were references to determinations, references to a regulation were references to a provision of a determination and references to repeal were references to revocation.

“(13) Determinations shall not be taken to be statutory rules within the meaning of the Statutory Rules Publication Act 1903,but sub-sections 5 (3) to (3c) (inclusive) of that Act apply in relation to determinations as they apply to statutory rules.

“(14) For the purposes of the application of sub-section 5 (3b) of the Statutory Rules Publication Act 1903 in accordance with sub-section (13) of this section, the reference in the first-mentioned sub-section to the Minister of State for Sport, Recreation and Tourism shall be read as a reference to the Minister administering this Act.

“(15) Section 5 of the Evidence Act 1905 applies to determinations as that section applies to an order made by the Minister.

“(16) Any failure to comply with the requirements of sub-section (10) or (11) in relation to a decision does not affect the validity of the decision.

“(17) In sub-section (1), ‘medical practitioner’ includes a person (other than a medical practitioner) who, immediately before 1 August 1977, was carrying on the business of rendering pathology services at the request of medical practitioners, where—

(a) in accordance with an approval granted by the Secretary to the Department, that person issued to the person who incurred the medical expenses in respect of a pathology service so rendered (not being the practitioner who requested the rendering of the service) an account or receipt of his or her fees in respect of the service; and

(b) medical benefit was paid before that day in respect of the service.

Period of effect of approved pathology practitioner undertaking

“23dd.(1) Where a person gives an undertaking under sub-section 23dc (1) and the Minister accepts the undertaking, the undertaking—

(a) subject to sub-section (2), comes into force—

(i) on the day on which the undertaking is accepted by the Minister; or

(ii) on such earlier day (not being a day earlier than the day on which the undertaking was signed) as is specified by the Minister in the notice given under sub-section 23dc(9) in relation to the undertaking; and

(b) subject to sub-section (3), ceases to be in force upon—

(i) the termination of the undertaking under section 23de;

(ii) the revocation of the Minister’s acceptance of the undertaking in accordance with a determination by a Medicare Participation Review Committee under section 124fb;

(iii) in a case where the person was a medical practitioner at the time when the Minister accepted the undertaking—a person’s ceasing to be a medical practitioner; or

(iv) the expiration of the period determined by the Minister, pursuant to paragraph 23dc (1) (c) or 23do (2) (b), as the period for which the undertaking is to have effect,

whichever first occurs.

“(2) Where—

(a) a person gives an undertaking (in this sub-section referred to as the ‘second undertaking’) under sub-section 23dc (1) and the second undertaking is accepted by the Minister; and

(b) at the time when the second undertaking is accepted by the Minister, another undertaking (in this sub-section referred to as the ‘first undertaking’) given by the person for the purposes of section 23dc and accepted by the Minister under that section is in force,

the second undertaking comes into force immediately after the first undertaking ceases to be in force.

“(3) Where—

(a) a person gives an undertaking (in this sub-section referred to as the ‘first undertaking’) under sub-section 23dc (1) and the first undertaking is accepted by the Minister;

(b) while the first undertaking is in force, the person gives another undertaking (in this sub-section referred to as the ‘second undertaking’) under sub-section 23dc (1); and

(c) the period referred to in sub-paragraph (1) (b) (iv) in relation to the first undertaking expires without the Minister having given the person notice under sub-section 23dc (9) in relation to the second undertaking,

sub-section (1) applies in relation to the first undertaking as if the period referred to in sub-paragraph (1) (b) (iv) were the period commencing on the day on which the first undertaking comes into force and ending on the day on which the Minister gives notice to the person under sub-section 23dc (9) in relation to the second undertaking.

Approved pathology practitioner may terminate undertaking

“23de. An approved pathology practitioner may, at any time, terminate an undertaking given by the practitioner for the purposes of section 23dc by giving, as prescribed, a notice of termination specifying a date of termination not earlier than 30 days after the day on which the notice is given.

Giving and acceptance of approved pathology authority undertaking

“23df. (1) Where—

(a) an undertaking for the purposes of this section, in accordance with the appropriate approved form, is signed by or on behalf of a person (including a State, the Northern Territory or a public authority); and

(b) the person gives the undertaking to the Minister together with—

(i) an application for the Minister’s acceptance of the undertaking; and

(ii) a fee of $100 or such higher amount as is prescribed,

the Minister may, subject to sub-sections (4), (5) and (6)—

(c) accept the undertaking on behalf of the Commonwealth and determine the period (being a period ending not later than 12 months after the day on which the undertaking comes into force) for which the undertaking is to have effect; or

(d) refuse to accept the undertaking.

“(2) An application under sub-section (1) shall—

(a) be in writing;

(b) be in accordance with the approved form; and

(c) contain such particulars as are determined by the Minister, in writing, for the purposes of this sub-section.

“(3) Without limiting the generality of sub-section (2), a determination prescribing the particulars to be contained in an application for the purposes of that sub-section may, in the case of an application by a body corporate, prescribe particulars of the directors, shareholders and officers of the body corporate.

“(4) The Minister shall not accept an undertaking given by a person for the purposes of this section if a determination by a Medicare Participation Review Committee of the kind referred to in sub-paragraph 124fc (1) (e) (v) is in force in respect of the person.

“(5) The Minister shall not accept an undertaking given by a person for the purposes of this section if the Minister is satisfied that—

(a) if the undertaking were accepted, the person who gave the undertaking would be likely to carry on the whole or a part of the practice or business of a prescribed person; and

(b) 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 prescribed person.

“(6) The Minister shall not accept an undertaking given by a person for the purposes of this section unless the Minister is satisfied that the person is a fit and proper person to be an approved pathology authority.

“(7) In determining, for the purposes of sub-section (6), whether a person is a fit and proper person to be an approved pathology authority, the Minister shall have regard to—

(a) whether the person is a relevant person;

(b) where a Medicare Participation Review Committee has made a determination in relation to the person under section 124f, 124fb, 124fc or 124ff—the terms of that determination;

(c) where a Medical Services Committee of Inquiry has made a recommendation in relation to the person under section 105—the terms of that recommendation;

(d) in a case where the person conducts, or intends to conduct, a business of rendering pathology services—

(i) the persons who derive, or who can reasonably be expected to derive, whether directly or indirectly, financial benefit from the conduct of that business; and

(ii) whether any of those persons is a relevant person;

(e) whether the person is or has been—

(i) associated with a relevant person; or

(ii) in a position to control the operations of a body corporate that—

(a) is, or has been, an approved pathology authority; and

(b) is a relevant person;

(f) in a case where the person is a body corporate—whether any officer of the body corporate, or any person who is in a position to control the body corporate, is or has been—

(i) associated with a relevant person; or

(ii) in a position to control the operations of a body corporate that—

(a) is, or has been, an approved pathology authority; and

(b) is a relevant person;

(g) such matters as are prescribed for the purposes of this paragraph; and

(h) such other matters as the Minister considers relevant.

“(8) Where a person gives an undertaking under sub-section (1), the Minister may, by notice in writing given to the person, require the person to give the Minister, within such period (being a period ending not earlier than 28 days after the day on which the notice is given) as is specified in the notice, such information in relation to the undertaking, or the application that accompanied the undertaking, as is specified in the notice.

“(9) Without limiting the generality of sub-section (1), where—

(a) the Minister gives a person notice under sub-section (8) in relation to an undertaking given by the person under sub-section (1); and

(b) the person does not give the Minister the information specified in the notice before the end of the period specified in the notice,

the Minister may refuse to accept the undertaking.

“(10) Where the Minister accepts or refuses to accept an undertaking given under sub-section (1), the Minister shall give notice in writing of the acceptance or refusal to the person who gave the undertaking.

“(11) Where the Minister accepts an undertaking given by a person under sub-section (1), the notice given to the person under sub-section (10) shall—

(a) specify the period determined by the Minister, pursuant to paragraph (1) (c), as the period for which the undertaking is to have effect; and

(b) include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for review of the decision of the Minister determining the period for which the undertaking is to have effect by or on behalf of a person whose interests are affected by the decision.

“(12) Where the Minister refuses to accept an undertaking given by a person under sub-section (1), the notice given to the person under sub-section (10) shall include—

(a) a statement to the effect that the person may apply to the Minister under sub-section 23do (1) for reconsideration of the decision of the Minister refusing to accept the undertaking; and

(b) a statement to the effect that if a person whose interests are affected by the decision of the Minister on the reconsideration is dissatisfied with that decision, that person may, subject to the Administrative Appeals Tribunal Act 1975, apply to the Administrative Appeals Tribunal for review of that decision.

“(13) Sections 48, 49, 49aand 50 of the Acts Interpretation Act 1901 apply to determinations made under sub-section (2) as if in those provisions references to regulations were references to determinations, references to a regulation were references to a provision of a determination and references to repeal were references to revocation.

“(14) Determinations shall not be taken to be statutory rules within the meaning of the Statutory Rules Publication Act 1903, but sub-sections 5 (3) to (3c) (inclusive) of that Act apply in relation to determinations as they apply to statutory rules.

“(15) For the purposes of the application of sub-section 5 (3b) of the Statutory Rules Publication Act 1903 in accordance with sub-section (14) of this section, the reference in the first-mentioned sub-section to the Minister of State for Sport, Recreation and Tourism shall be read as a reference to the Minister administering this Act.

“(16) Section 5 of the Evidence Act 1905 applies to determinations as that section applies to an order made by the Minister.

“(17) Any failure to comply with the requirements of sub-section (11) or (12) in relation to a decision does not affect the validity of the decision.

“(18) In this section, ‘public authority’ means an authority (being a corporation) established by a law of the Commonwealth, of a State or of an internal Territory.

Period of effect of approved pathology authority undertaking

“23dg. (1) Where a person gives an undertaking under sub-section 23df (1) and the Minister accepts the undertaking, the undertaking—

(a) subject to sub-section (2), comes into force—

(i) on the day on which the undertaking is accepted by the Minister; or

(ii) on such earlier day (not being a day earlier than the day on which the undertaking was signed) as is specified by the Minister in the notice given under sub-section 23df (10) in relation to the undertaking; and

(b) subject to sub-section (3), ceases to be in force upon—

(i) the termination of the undertaking by the person under section 23dh;

(ii) the revocation of the Minister’s acceptance of the undertaking in accordance with a determination by a Medicare Participation Review Committee under section 124fc; or

(iii) the expiration of the period determined by the Minister, pursuant to paragraph 23df (1) (c) or 23do (2) (b), as the period for which the undertaking is to have effect,

whichever first occurs.

“(2) Where—

(a) a person gives an undertaking (in this sub-section referred to as the ‘second undertaking’) under sub-section 23df (1) and the second undertaking is accepted by the Minister; and

(b) at the time when the second undertaking is accepted by the Minister, another undertaking (in this sub-section referred to as the ‘first undertaking’) given by the person for the purposes of section 23df and accepted by the Minister under that section is in force,

the second undertaking comes into force immediately after the first undertaking ceases to be in force.

“(3) Where—

(a) a person gives an undertaking (in this sub-section referred to as the ‘first undertaking’) under sub-section 23df (1) and the first undertaking is accepted by the Minister;

(b) while the first undertaking is in force, the person gives another undertaking (in this sub-section referred to as the ‘second undertaking’) under sub-section 23df (1); and

(c) the period referred to in sub-paragraph (1) (b) (iii) in relation to the first undertaking expires without the Minister having given the person notice under sub-section 23df (10) in relation to the second undertaking,

sub-section (1) applies in relation to the first undertaking as if the period referred to in sub-paragraph (1) (b) (iii) were the period commencing on the day on which the first undertaking comes into force and ending on the

day on which the Minister gives notice to the person under sub-section 23df (10) in relation to the second undertaking.

Approved pathology authority may terminate undertaking

“23dh. An approved pathology authority may, at any time, terminate an undertaking given by the authority for the purposes of section 23df by giving, as prescribed, a notice of termination specifying a date of termination not earlier than 30 days after the day on which the notice is given.

Repayment of fee

“23dj. Where a person gives an undertaking under sub-section 23dc (1) or 23df (1) together with a fee and the undertaking is not accepted, the fee shall be repaid to the person in accordance with the regulations.

Request forms and confirmation forms

“23dk. (1) Where a pathology service has been rendered by or on behalf of an approved pathology practitioner pursuant to a request made or confirmed in accordance with section 16a, the approved pathology practitioner shall retain the written request or the written confirmation of the request for the period of 18 months commencing on the day on which the service was rendered.

“(2) Where—

(a) a request is made to an approved pathology practitioner (in this sub-section referred to as the ‘relevant pathologist’) for a pathology service or pathology services in relation to a person by the practitioner who is the treating practitioner in relation to the person for the purposes of section 16a;

(b) the request is in writing or is confirmed in writing; and

(c) the relevant pathologist makes a request to another approved pathology practitioner for that service, or for a service included in those services, in relation to that person,

the relevant pathologist shall retain the written request or the written confirmation of the request for the period of 18 months commencing on the day on which the request referred to in paragraph (a) is made.

“(3) An approved pathology practitioner shall, if requested to do so by an officer of the Commission, produce to the officer, as soon as practicable and in any case before the end of the day next following the day on which the request is made by the officer, a written request or a written confirmation of a kind required to beretained by the approved pathology practitioner,, under sub-section (1) or (2).

“(4) An officer may make and retain copies of or take and retain extracts from, any request or confirmation produced to the officer pursuant to sub-section (3).

“(5) Where—

(a) a practitioner makes a request for a pathology service to an approved pathology practitioner;

(b) medicare benefit may become payable in respect of the service; and

(c) the request is made otherwise than in writing,

the practitioner shall confirm the request in writing within the period of 14 days commencing on the day on which the request is made.

“(6) Where—

(a) an approved pathology practitioner (in this sub-section referred to as the ‘referring pathologist’) makes a request for a pathology service to another approved pathology practitioner;

(b) medicare benefit may become payable in respect of the service; and

(c) the request is made otherwise than in writing,

the referring pathologist shall confirm the request in writing within the period of 14 days commencing on the day on which the request is made.

“(7) For the purposes of this section, where—

(a) a written request or a written confirmation of a request has been recorded on film or on any other medium approved, in writing, by the Minister from time to time; or

(b) in accordance with an approval, in writing, of the Minister, a request or confirmation (other than a written request or a written confirmation) has been recorded on a tape, disc, film or other medium,

for the purposes of storage and subsequent retrieval when required—

(c) the retention of the record so made shall be deemed to be a retention of the request or the confirmation, as the case may be; and

(d) the production, or the reproduction, of the record so made shall be deemed to be a production of the request or the confirmation, as the case may be.

“(8) Where the Minister gives an approval for the purposes of paragraph (7) (b), the Minister may set out in the instrument of approval any conditions to which the approval is subject, and any recording that is not in accordance with such a condition shall be deemed to be not in accordance with the approval.

“(9) A reference in this section to a request made or confirmed in accordance with section 16a includes a reference to a request made or confirmed in accordance with section 16a of this Act as in force at any time before the commencement of this section.

“(10) A reference in this section to an approved pathology practitioner includes a reference to a person who has been an approved pathology practitioner within the meaning of this Act as in force before the commencement of this section.

“(11) a reference in this section to a request made to an approved pathology practitioner includes a reference to a request that is deemed, for the purposes of section 16a, to have been made to that approved pathology practitioner.

“Division 3Breaches of undertakings and initiation of excessive pathology services

Breaches of undertakings by approved pathology practitioners and approved pathology authorities

“23dl.(1) Where the Minister has reasonable grounds for believing that a person who is or was an approved pathology practitioner or an approved pathology authority has breached an undertaking given by the person for the purposes of section 23dc or 23df,the Minister shall give notice in writing to the person setting out particulars of those grounds and inviting the person to make submissions to the Minister, in accordance with sub-section (2), showing cause why the Minister should not take further action in relation to the person under this section.

“(2) A person who is given notice under sub-section (1) may, within the period of 28 days commencing on the day on which the notice is given, make submissions to the Minister showing cause why the Minister should not take further action in relation to the person under this section.

“(3) Where a person makes a submission to the Minister in accordance with sub-section (2), the Minister shall have regard to that submission in determining whether to take any further action in relation to the person under this section.

“(4) Where the Minister gives notice to a person under sub-section (1), the Minister shall—

(a) if, at the end of the period referred to in sub-section (2), the person has not made submissions to the Minister in accordance with that sub-section—give notice in writing to a Chairperson of a Medicare Participation Review Committee setting out particulars of the grounds referred to in sub-section (1);

(b) if the person makes submissions to the Minister within the period referred to in sub-section (2) and the Minister is satisfied that there has been no breach of the undertaking—determine that no further action be taken in relation to the person under this section pursuant to the notice referred to in sub-section (1); or

(c) if the person makes submissions to the Minister within the period referred to in sub-section (2) and the Minister is satisfied that there are reasonable grounds (being grounds that were specified in the notice referred to in sub-section (1)) for believing that there has been a breach of the undertaking—give notice in writing to a Chairperson of a Medicare Participation Review Committee setting out particulars of those grounds.

“(5) Where the Minister makes a decision pursuant to sub-section (4) in relation to a person, the Minister shall give the person notice in writing of the decision.

“(6) Where the Minister gives notice pursuant to paragraph (4) (a) or (c) to the Chairperson of a Medicare Participation Review Committee, the Minister may determine, in writing, that the undertaking in respect of which the notice is given be suspended pending the outcome of the proceedings before the Committee.

“(7) Where the Minister makes a determination under sub-section (6) in relation to an undertaking, the undertaking ceases to be in force until—

(a) the determination is revoked by the Minister; or

(b) a Medicare Participation Review Committee makes a determination under section 124fb or 124fcpursuant to the notice referred to in sub-section (6).

“(8) Where the Minister makes a determination under sub-section (6) in relation to an undertaking given by a person, the Minister shall give the person notice in writing of the determination.

“(9) A notice under sub-section (8) shall include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for review of the decision to which the notice relates by or on behalf of a person whose interests are affected by the decision.

“(10) Where the Minister makes a determination under sub-section (6) the Minister may, if the Minister thinks fit, publish notice of the determination in the Gazette.

“(11) 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 publication made in accordance with sub-section (10).

“(12) For the purposes of sub-section (11), a publication shall be deemed to be made in good faith if the person by whom it is made is not actuated by ill will to the person affected by the publication or by any other improper motive.

Initiation of excessive pathology services

“23dm.(1) Where the Minister has reasonable grounds for believing that—

(a) a person who is or was a practitioner has initiated excessive pathology services;

(b) a person has caused or permitted a practitioner employed by the person to initiate excessive pathology services; or

(c) a person, being an officer of a body corporate, has caused or permitted a practitioner employed by the body corporate to initiate excessive pathology services,

the Minister shall give notice in writing to the person setting out particulars of those grounds and inviting the person to make submissions to the Minister, in accordance with sub-section (2), showing cause why the Minister should not take further action in relation to the person under this section.

“(2) A person who is given notice under sub-section (1) may, within a period of 28 days commencing on the day on which the notice is given, make submissions to the Minister showing cause why the Minister should not take further action in relation to the person under this section.

“(3) Where a person makes a submission to the Minister in accordance with sub-section (2), the Minister shall have regard to that submission in determining whether to take any further action in relation to the person under this section.

“(4) Where the Minister gives notice to a person under sub-section (1), the Minister shall—

(a) if, at the end of the period referred to in sub-section (2), the person has not made submissions to the Minister pursuant to that subsection—give notice in writing to a Chairperson of a Medicare Participation Review Committee setting out particulars of the grounds referred to in sub-section (1);

(b) if the person makes submissions to the Minister within the period referred to in sub-section (2) and the Minister is satisfied that there are no reasonable grounds for believing that the person has initiated excessive pathology services, or caused or permitted excessive pathology services to be initiated as referred to in the notice under sub-section (1), as the case requires—determine that no further action be taken in relation to the person under this section in relation to the notice referred to in sub-section (1); or

(c) if the person makes submissions to the Minister within the period referred to in sub-section (2) and the Minister is satisfied that there are reasonable grounds (being grounds that were specified in the notice referred to in sub-section (1)) for believing that the person has initiated excessive pathology services, or caused or permitted excessive pathology services to be initiated as referred to in that notice, as the case requires—give notice in writing to a Chairperson of a Medicare Participation Review Committee setting out particulars of those grounds.

“(5) Where the Minister makes a decision pursuant to sub-section (4) in relation to a person, the Minister shall give the person notice in writing of the decision.

“Division 4Accredited pathology laboratories

Accredited pathology laboratories

“23dn.(1) Where a person—

(a) makes an application, in writing, in accordance with the approved form, to the Minister for the approval of premises as an accredited pathology laboratory; and

(b) pays the prescribed fee,

the Minister may, in writing, approve the premises, for the purposes of this Act, as an accredited pathology laboratory and, where the Minister gives such approval, the Minister shall specify in the approval—

(c) the kind of pathology services in respect of which the premises are approved for the purposes of this Act; and

(d) the period (being a period ending not later than 3 years after the day on which the approval takes effect) for which the approval is to have effect.

“(2) The Minister may, in writing, determine principles to be applied by the Minister in the exercise of the Minister’s powers under sub-section (1).

“(3) The Minister shall, in exercising the Minister’s powers under sub-section (1) at a particular time, apply the principles determined under sub-section (2) that are in force at that time.

“(4) An approval under sub-section (1)—

(a) takes effect on the day on which the approval is given or on such later day as is specified in the approval; and

(b) ceases to have effect upon—

(i) the revocation of the approval; or

(ii) the expiration of the period specified in the approval as the period for which the approval is to have effect,

whichever first occurs,

“(5) Where the Minister makes a decision under sub-section (1) approving or refusing to approve premises as an accredited pathology laboratory, the Minister shall give notice in writing of the decision to the person who applied for the approval.

“(6) Where the Minister varies or revokes an approval given under sub-section (1) in relation to premises, the Minister shall give notice in writing of the variation or revocation to the proprietor of the premises.

“(7) A notice under sub-section (5) or (6) shall include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975,application may be made to the Administrative Appeals Tribunal for review of the decision to which the notice relates by or on behalf of a person whose interests are affected by the decision.

“(8) Where a person gives an application under sub-section (1) together with a fee and the application is not granted, the fee shall be repaid to the person in accordance with the regulations.

“(9) Sections 48, 49, 49a and 50 of the Acts Interpretation Act 1901 apply to determinations made under sub-section (2) as if in those provisions references to regulations were references to determinations, references to a

regulation were references to a provision of a determination and references to repeal were references to revocation.

“(10) Determinations shall not be taken to be statutory rules within the meaning of the Statutory Rules Publication Act 1903,but sub-sections 5 (3) to (3c) (inclusive) of that Act apply in relation to determinations as they apply to statutory rules.

“(11) For the purposes of the application of sub-section 5 (3b) of the Statutory Rules Publication Act 1903 in accordance with sub-section (10) of this section, the reference in the first-mentioned sub-section to the Minister of State for Sport, Recreation and Tourism shall be read as a reference to the Minister administering this Act.

“(12) Section 5 of the Evidence Act 1905 applies to determinations as that section applies to an order made by the Minister.

“Division 5—Miscellaneous

Review of decisions

“23do.(1) Where a person gives an undertaking under sub-section 23dc (1) or 23df(1) and the Minister refuses to accept the undertaking, the person may, within the period of 28 days commencing on the day on which the person is given notice, under sub-section dc(9) or 23df(10), as the case requires, of the Minister’s decision, apply to the Minister for reconsideration by the Minister of the decision.

“(2) Where a person applies to the Minister under sub-section (1) for reconsideration of a decision by the Minister refusing to accept an undertaking given by the person, the Minister may—

(a) affirm the decision; or

(b) accept the undertaking on behalf of the Commonwealth and determine the period (being a period ending not later than 12 months after the day on which the undertaking comes into force) for which the undertaking is to have effect.

“(3) Where the Minister makes a decision under sub-section (2) in relation to an application by a person under sub-section (1), the Minister shall give notice in writing of the decision to the person who applied for the review.

“(4) A notice under sub-section (3) of a decision by the Minister shall include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for review of the decision by or on behalf of a person whose interests are affected by the decision.

“(5) Applications may be made to the Administrative Appeals Tribunal for review of—

(a) a decision by the Minister, under sub-section 23dn (1), approving or refusing to approve premises as an accredited pathology laboratory for the purposes of this Act;

(b) a decision by the Minister varying or revoking an approval given under sub-section 23dn (1);

(c) a decision by the Minister under sub-section (2) of this section;

(d) a decision by the Minister, pursuant to paragraph 23dc (1) (c) or 23df (1) (c), determining the period for which an undertaking is to have effect; or

(e) a decision by the Minister under sub-section 23dl (6) determining that an undertaking be suspended.

“(6) In this section, ‘decision’ has the same meaning as in the Administrative Appeals Tribunal Act 1975.

Offences in relation to request forms and confirmation forms

“23dp. (1) An approved pathology practitioner who, without reasonable excuse, contravenes sub-section 23dk (1), (2), (3) or (6) is guilty of an offence punishable, upon conviction, by a fine not exceeding $1,000.

“(2) A practitioner who, without reasonable excuse, contravenes subsection 23dk (5) is guilty of an offence punishable, upon conviction, by a fine not exceeding $1,000.

“(3) An approved pathology practitioner or an approved pathology authority shall not, without reasonable excuse, provide (whether directly or indirectly) to a practitioner a pathology request form that is not in accordance with the approved form.

Penalty: $1,000.

“(4) In this section—

(a) a reference to an approved pathology practitioner includes a reference to a person who has been an approved pathology practitioner;

(b) a reference to an approved pathology authority includes a reference to a person who has been an approved pathology authority; and

(c) a reference to a practitioner includes a reference to a person who has been a practitioner.

“(5) In this section, ‘pathology request form’ means a document for use by a practitioner in requesting pathology services.”.

(2) A person may give an undertaking for the purposes of section 23dc or 23df of the Principal Act as amended by sub-section (1), and the Minister may accept such an undertaking, as if that sub-section had come into operation on the day on which this sub-section comes into force but any undertaking so given and accepted before the day on which sub-section (1) comes into operation does not come into force until the day on which sub-section (1) comes into operation.

Functions of Committee

20. Section 67 of the Principal Act is amended—

(a) by inserting in sub-paragraph (1) (a) (i) “of the general medical services table” after “items” (first occurring);

(b) by inserting in sub-paragraph (1) (a) (ii) “of the general medical services table” after “item”;

(c) by inserting in sub-paragraph (1) (a) (ii) “of that table” after “items”;

(d) by inserting in paragraph (1) (aa) “(other than pathology services)” after “professional services”;

(e) by omitting paragraphs (1) (ab) and (ac); and

(f) by inserting in paragraph (1) (b) “(other than a pathology service)” after “professional service”.

21. After Division 2 of Part V of the Principal Act the following Division is inserted:

“Division 2aPathology Services Advisory Committee

Interpretation

“78a. In this Division, unless the contrary intention appears—

‘Chairperson’ means the Chairperson of the Committee, and includes a person acting as Chairperson pursuant to an appointment under section 78j;

‘Committee’ means the Pathology Services Advisory Committee;

‘member’ means a member of the Committee and includes—

(a) the Chairperson; and

(b) a person acting as a member pursuant to an appointment under section 78j.

Establishment of Pathology Services Advisory Committee

“78b. There is established by this section a committee by the name of the Pathology Services Advisory Committee.

Functions of Committee

“78c. (1) The functions of the Committee are—

(a) pursuant to a reference to it by the Minister or on its own initiative, to consider—

(i) in what manner, and to what extent, a particular treatment or combination of treatments should be specified in an item or items of the pathology services table and the appropriate fee or fees that should be specified in that item or those items; or

(ii) whether the scope of, or the amount of the fee set out in, an item of the pathology services table is anomalous, having regard to the other items of that table,

and to make recommendations, in writing, to the Minister arising out of that consideration;

(b) pursuant to a reference to it by the Minister or on its own initiative, to consider whether medicare benefits should continue to be payable in respect of pathology services rendered in particular circumstances, and to make recommendations, in writing, to the Minister arising out of that consideration;

(c) pursuant to a reference to it by the Minister under sub-section 4a(1) or on its own initiative, to consider whether the pathology services table should be varied in accordance with section 4aand, if so, the manner in which it should be so varied, and to make recommendations, in writing, to the Minister arising out of that consideration;

(d) pursuant to a reference to it by the Minister under sub-section 4a(6) or on its own initiative, to consider whether a table should be substituted for the pathology services table in accordance with section 4aand, if so, to make recommendations, in writing, to the Minister arising out of that consideration;

(e) pursuant to a reference to it by the Commission under section 11, to determine whether a fee with respect to a pathology service should be increased for the purposes of a particular claim and, if it is to be so increased, to formulate the principles to be followed in fixing the increased fee, and to make recommendations, in writing, to the Commission accordingly; and

(f) pursuant to a reference to it by the Minister under section 12, to determine whether an appeal under that section should be allowed or dismissed and, if the appeal is to be allowed, to determine the amount of increased fee to be fixed with respect to the service concerned and, if the Committee thinks fit, to formulate the principles followed by the Committee in fixing that increased fee.

“(2) The Minister may, in writing, determine principles to be applied by the Committee in the performance of its functions and the Committee shall perform its functions in accordance with the principles so determined.

“(3) Sections 48, 49, 49aand 50 of the Acts Interpretation Act 1901 apply to determinations under sub-section (2) as if in those provisions references to regulations were references to determinations, references to a regulation were references to a provision of a determination and references to repeal were references to revocation.

“(4) Determinations under sub-section (2) shall not be taken to be statutory rules within the meaning of the Statutory Rules Publication Act 1903,but sub-sections 5 (3) to (3c) (inclusive) of that Act apply in relation to determinations as they apply to statutory rules.

“(5) For the purposes of the application of sub-section 5 (3b) of the Statutory Rules Publication Act 1903 in accordance with sub-section (4) of this section, the reference in the first-mentioned sub-section to the

Minister of State for Sport, Recreation and Tourism shall be read as a reference to the Minister administering this Act.

“(6) Section 5 of the Evidence Act 1905 applies to determinations as that section applies to an order made by the Minister.

Constitution of Committee

“78d. (1) The Committee shall consist of 7 members, namely—

(a) a Chairperson appointed in accordance with sub-section (2);

(b) a member appointed in accordance with sub-section (3);

(c) 2 members appointed in accordance with sub-section (4); and

19.45

19.45

19.45

19.45

19.45

19.45

1619

Cultural examination of material other than blood or urine for aerobic and anaerobic micro-organisms using an anaerobic atmosphere for the culture of anaerobes, with, where indicated, the use of relevant stains, selective media or sensitivity testing or any two or more of those procedures—examination of material from two or more sites where processed independently (SP)

45.00

45.00

45.00

45.00

45.00

45.00

1620

Cultural examination of material other than blood or urine for aerobic and anaerobic micro-organisms using an anaerobic atmosphere for the culture of anaerobes, with, where indicated, the use of relevant stains, selective media or sensitivity testing or any two or more of those procedures—examination of material from two or more sites where processed independently (OP)

33.75

33.75

33.75

33.75

33.75

33.75

1622

Cultural examination for mycobacteria— each specimen (SP)

23.00

23.00

23.00

23.00

23.00

23.00

1623

Cultural examination for mycobacteria— each specimen (OP)

17.25

17.25

17.25

17.25

17.25

17.25

1633

Blood culture, including sub-culture, using both aerobic and anaerobic media, with, where indicated, the use of relevant stains or sensitivity testing or relevant stains and sensitivity testing, but not involving organism identification-each set of cultures to a maximum of three sets (SP)................

25.90

25.90

25.90

25.90

25.90

25.90

1634

Blood culture, including sub-culture, using both aerobic and anaerobic media, with, where indicated, the use of relevant stains or sensitivity testing or relevant stains and sensitivity testing, but not involving organism identification—each set of cultures to a maximum of three sets (OP)...............

19.45

19.45

19.45

19.45

19.45

19.45

1637

Screening test for mycoplasma or urea-plasma or both (SP)

5.70

5.70

5.70

5.70

5.70

5.70

1638

Screening test for mycoplasma or urea-plasma or both (OP)

4.30

4.30

4.30

4.30

4.30

4.30

1640

Coagulase test for organism identification by slide or tube method, not being a test conducted in conjunction with a service specified in Item 1644, 1647, 1661 or 1664 that is performed for the purpose of identifying the same organism (SP)

5.70

5.70

5.70

5.70

5.70

5.70

SCHEDULE 1— continued

Item No.

Pathology Service

Fees

N.S.W.

Vic.

Qld

S.A.

W.A.

Tas.

$

$

$

$

$

$

1641

Coagulase test for organism identification by slide or tube method, not being a test conducted in conjunction with a service specified in Item 1645, 1648, 1662 or 1665 that is performed for the purpose of identifying the same organism (OP)

4.30

4.30

4.30

4.30

4.30

4.30

1644

Identification of pathogenic micro-organisms other than M tuberculosis, using biochemical tests or other special techniques involving sub-culture or biochemical tests and other special techniques involving sub-culture—identification of one organism (SP)........................................

11.40

11.40

11.40

11.40

11.40

11.40

1645

Identification of pathogenic micro-organisms other than M tuberculosis, using biochemical tests or other special techniques involving sub-culture or biochemical tests and other special techniques involving sub-culture—identification of one organism (OP)

8.55

8.55

8.55

8.55

8.55

8.55

1647

Identification of two or more organisms, excluding M tuberculosis, by the method referred to in Item 1644 (SP)

23.00

23.00

23.00

23.00

23.00

23.00

1648

Identification of two or more organisms, excluding M tuberculosis, by the method referred to in Item 1645 (OP)

17.25

17.25

17.25

17.25

17.25

17.25

1661

Identification of pathogenic micro-organisms using a serological technique (including the immunofluorescent or immunoenxymic method)- a procedure involving one technique (SP)

11.40

11.40

11.40

11.40

11.40

11.40

1662

Identification of pathogenic micro-organisms using a serological technique (including the immunofluorescent or immunoenxymic method)- a procedure involving one technique (OP)

8.55

8.55

8.55

8.55

8.55

8.55

1664

Two or more of any procedures of a kind referred to in Item 1661 using different.............................

17.20

17.20

17.20

17.20

17.20

17.20

1665

Two or more of any procedures of a kind referred to in Item 1662 using different techniques (OP)..........

12.90

12.90

12.90

12.90

12.90

12.90

1668

Anaerobic culture of urine obtained by suprapubic aspiration of the bladder where previous aerobic urine culture is negative, plus microscopical examination of urine, with cell count, relevant stains (if indicated), aerobic cultural examination and colony count of micro-organisms (not being a service to which Item 1682 or 1683 applies), together with sensitivity testing (where indicated) and general examination for one or more of pH, specific gravity, blood, albumin, urobilinogen, sugar, acetone and bile pigments (not covered by Item 1673, 1674 or 1676) (SP).................................................................

32.65

32.65

32.65

32.65

32.65

32.65

SCHEDULE 1— continued

Item No.

Pathology Service

Fees

N.S.W.

Vic.

Qld

S.A.

W.A.

Tas.

$

$

$

$

$

$

1669

Anaerobic culture of urine obtained by suprapubic aspiration of the bladder where previous aerobic urine culture is negative, plus microscopical examination of urine, with cell count, relevant stains (if indicated), aerobic cultural examination and colony count of micro-organisms (not being a service to which Item 1682 or 1683 applies), together with sensitivity testing (where indicated) and general examination for one or more of pH, specific gravity, blood, albumin, urobilinogen, sugar, acetone and bile pigments (not covered by Item 1673, 1674 or 1676) (OP)

24.50

24.50

24.50

24.50

24.50

24.50

1673

Microscopical examination of urine, with cell count, relevant stains (if indicated), aerobic cultural examination and colony count of micro-organisms (other than by simple microscopy and simple culture, e.g. dip slide and microbiological kit tests covered by Item 1682), with sensitivity testing and testing for substances inhibitory to microorganisms where indicated and with general examination for one or more of the following where indicated—pH, specific gravity, blood, albumin, urobilinogen, sugar, acetone and bile pigments (SP)........................................

24.00

24.00

24.00

24.00

24.00

24.00

1674

Microscopical examination of urine, with cell count, relevant stains (if indicated), aerobic cultural examination and colony count of micro-organisms (other than by simple microscopy and simple culture, e.g. dip slide and microbiological kit tests covered by Item 1682), with sensitivity testing and testing for substances inhibitory to microorganisms where indicated and with general examination for one or more of the following where indicated—pH, specific gravity, blood, albumin, urobilinogen, sugar, acetone and bile pigments (OP)........................................

18.00

18.00

18.00

18.00

18.00

18.00

1682

Microscopical examination of urine and simple culture by means of dip slide or microbiological kit test (where the patient is referred by another medical practitioner (SP)

11.40

11.40

11.40

11.40

11.40

11.40

1683

Microscopical examination of urine and simple culture by means of dip slide or microbiological kit test (where the patient is referred by another medical practitioner (OP).

8.55

8.55

8.55

8.55

8.55

8.55

1687

Microscopical examination of faeces or body fluids for parasites, cysts or ova, with or without simple stains or concentration techniques (SP)......................................

17.20

17.20

17.20

17.20

17.20

17.20

1688

Microscopical examination of faeces or body fluids for parasites, cysts or ova, with or without simple stains or concentration techniques (OP).....................................

12.90

12.90

12.90

12.90

12.90

12.90

SCHEDULE 1— continued

Item No.

Pathology Service

Fees

N.S.W.

Vic.

Qld

S.A.

W.A.

Tas.

$

$

$

$

$

$

1693

Identification of helminths (SP)...............

11.40

11.40

11.40

11.40

11.40

11.40

1694

Identification of helminths (OP)..............

8.55

8.55

8.55

8.55

8.55

8.55

1702

Cultural examination for parasites, other than trichomonas—culture of one parasite (SP)...................

23.00

23.00

23.00

23.00

23.00

23.00

1703

Cultural examination for parasites, other than trichomonas—culture of one parasite (OP)...................

17.25

17.25

17.25

17.25

17.25

17.25

1705

Cultural examination for parasites, other than trichomonas—culture of two or more parasites (SP)..

40.00

40.00

40.00

40.00

40.00

40.00

1706

Cultural examination for parasites, other than trichomonas—culture of two or more parasites (OP)..

30.00

30.00

30.00

30.00

30.00

30.00

1721

Determination of the minimum inhibitory concentration of an antibiotic or chemotherapeutic agent by tube technique or by agar plate dilution—one organism (SP).......

23.00

23.00

23.00

23.00

23.00

23.00

1722

Determination of the minimum inhibitory concentration of an antibiotic or chemotherapeutic agent by tube technique or by agar plate dilution—one organism (OP)......

17.25

17.25

17.25

17.25

17.25

17.25

1724

Determination of the minimum inhibitory concentration of an antibiotic or chemotherapeutic agent by tube technique or by agar plate dilution—two or more organisms (SP)

28.50

28.50

28.50

28.50

28.50

28.50

1725

Determination of the minimum inhibitory concentration of an antibiotic or chemotherapeutic agent by tube technique or by agar plate dilution—two or more organisms (OP)

21.40

21.40

21.40

21.40

21.40

21.40

1732

Detection of substances inhibitory to micro-organisms in a body fluid (excluding urine (SP)....................

5.70

5.70

5.70

5.70

5.70

5.70

1733

Detection of substances inhibitory to micro-organisms in a body fluid (excluding urine (SP)....................

4.30

4.30

4.30

4.30

4.30

4.30

1743

Quantitative assay of an antibiotic or a chemotherapeutic agent in a body fluid (including urine) (SP).......

23.00

23.00

23.00

23.00

23.00

23.00

1744

Quantitative assay of an antibiotic or a chemotherapeutic agent in a body fluid (including urine) (SP).......

17.25

17.25

17.25

17.25

17.25

17.25

1747

Serological tests for hepatitis—for each test (maximum of 2 tests) (SP)............................................................

23.00

23.00

23.00

23.00

23.00

23.00

1748

Serological tests for hepatitis—for each test (maximum of 2 tests) (OP)............................................................

17.25

17.25

17.25

17.25

17.25

17.25

1756

Agglutination tests (screening)—one test (SP)

5.70

5.70

5.70

5.70

5.70

5.70

1757

Agglutination tests (screening)—one test (OP)

4.30

4.30

4.30

4.30

4.30

4.30

1758

Agglutination tests (screening)—two or more tests (SP)

6.90

6.90

6.90

6.90

6.90

6.90

SCHEDULE 1— continued

Item No.

Pathology Service

Fees

N.S.W.

Vic.

Qld

S.A.

W.A.

Tas.

$

$

$

$

$

$

1759

Agglutination tests (screening)—two or more tests (OP)

5.20

5.20

5.20

5.20

5.20

5.20

1760

Agglutination test (quantitative), including those for enteric fever and brucellosis—one antigen (SP).......

17.20

17.20

17.20

17.20

17.20

17.20

1761

Agglutination test (quantitative), including those for enteric fever and brucellosis—one antigen (OP).......

12.90

12.90

12.90

12.90

12.90

12.90

1763

Agglutination tests (quantitative), including those for enteric fever and brucellosis—second to sixth antigen—each antigen (SP)............................................................

9.20

9.20

9.20

9.20

9.20

9.20

1764

Agglutination tests (quantitative), including those for enteric fever and brucellosis—second to sixth antigen—each antigen (OP)............................................................

6.90

6.90

6.90

6.90

6.90

6.90

1766

Agglutination tests (quantitative), including those for enteric fever and brucellosis—each antigen in excess of six (SP)

4.60

4.60

4.60

4.60

4.60

4.60

1767

Agglutination tests (quantitative), including those for enteric fever and brucellosis—each antigen in excess of six (OP)

3.45

3.45

3.45

3.45

3.45

3.45

1772

Flocculation test, including V.D.R.L., Kahn, Kline or similar test—one test (SP).............................................

5.70

5.70

5.70

5.70

5.70

5.70

1773

Flocculation test, including V.D.R.L., Kahn, Kline or similar test—one test (OP).............................................

4.30

4.30

4.30

4.30

4.30

4.30

1775

Flocculation test, including V.D.R.L., Kahn, Kline or similar tests—two or more tests (SP)................

6.90

6.90

6.90

6.90

6.90

6.90

1776

Flocculation test, including V.D.R.L., Kahn, Kline or similar tests—two or more tests (OP)...............

5.20

5.20

5.20

5.20

5.20

5.20

1781

Complement fixation tests—one test (SP)

23.00

23.00

23.00

23.00

23.00

23.00

1782

Complement fixation tests—one test (OP)

17.25

17.25

17.25

17.25

17.25

17.25

1784

Complement fixation tests—each test in excess of one (SP)

5.70

5.70

5.70

5.70

5.70

5.70

1785

Complement fixation tests—each test in excess of one (OP)

4.30

4.30

4.30

4.30

4.30

4.30

1793

Fluorescent serum antibody test (FTA test, FTA—absorbed test or similar)— one test (SP)..........................

17.20

17.20

17.20

17.20

17.20

17.20

1794

Fluorescent serum antibody test (FTA test, FTA—absorbed test or similar)— one test (OP).........................

12.90

12.90

12.90

12.90

12.90

12.90

1796

Each test referred to in Item 1793 in excess of one (SP)

9.20

9.20

9.20

9.20

9.20

9.20

1797

Each test referred to in Item 1794 in excess of one (OP)

6.90

6.90

6.90

6.90

6.90

6.90

1805

Haemagglutination tests—one test (SP)

11.40

11.40

11.40

11.40

11.40

11.40

1806

Haemagglutination tests—one test (OP)

8.55

8.55

8.55

8.55

8.55

8.55

1808

Haemagglutination tests—each test in excess of one (SP)

5.70

5.70

5.70

5.70

5.70

5.70

SCHEDULE 1— continued

Item No.

Pathology Service

Fees

N.S.W.

Vic.

Qld

S.A.

W.A.

Tas.

$

$

$

$

$

$

1809

Haemagglutination tests—each test in excess of one (OP)

4.30

4.30

4.30

4.30

4.30

4.30

1823

Haemagglutination inhibition tests—one test (SP)...

11.40

11.40

11.40

11.40

11.40

11.40

1824

Haemagglutination inhibition tests—one test (OP)

8.55

8.55

8.55

8.55

8.55

8.55

1826

Haemagglutination inhibition tests—each test in excess of one (SP)..............................................................

5.70

5.70

5.70

5.70

5.70

5.70

1827

Haemagglutination inhibition tests—each test in excess of one (OP)......................................................

4.30

4.30

4.30

4.30

4.30

4.30

1839

Antistreptolysin O titre or similar test, qualitative, not associated with Item 1843 or 1846 (SP).......

5.70

5.70

5.70

5.70

5.70

5.70

1840

Antistreptolysin O titre or similar test, qualitative, not associated with Item 1844 or 1847 (OP)...........

4.30

4.30

4.30

4.30

4.30

4.30

1843

Antistreptolysin O titre test, antidesoxy-ribonuclease B titre test or similar test (quantitative)—one test (SP)

17.20

17.20

17.20

17.20

17.20

17.20

1844

Antistreptolysin O titre test, antidesoxy-ribonuclease B titre test or similar test (quantitative)—one test (OP)

12.90

12.90

12.90

12.90

12.90

12.90

1846

Antistreptolysin O titre test, antidesoxy-ribonuclease B titre test or similar test (quantitative)—two or more tests (SP)

26.00

26.00

26.00

26.00

26.00

26.00

1847

Antistreptolysin O titre test, antidesoxy-ribonuclease B titre test or similar test (quantitative)—two or more tests (OP)

19.50

19.50

19.50

19.50

19.50

19.50

1851

Total and differential cell count on any body fluid (SP)

11.40

11.40

11.40

11.40

11.40

11.40

1852

Total and differential cell count on any body fluid (OP)

8.55

8.55

8.55

8.55

8.55

8.55

1858

Autogenous vaccine, preparation of—each organism (SP)

46.00

46.00

46.00

46.00

46.00

46.00

1859

Autogenous vaccine, preparation of—each organism (OP)

34.50

34.50

34.50

34.50

34.50

34.50

Division 4Immunology

1877

Immunoelectrophoresis using polyvalent antisera (SP)

34.50

34.50

34.50

34.50

34.50

34.50

1878

Immunoelectrophoresis using polyvalent antisera (OP)

25.90

25.90

25.90

25.90

25.90

25.90

1884

Immunoelectrophoresis using monovalent antiserum—each antiserum (SP)....................................

5.70

5.70

5.70

5.70

5.70

5.70

1885

Immunoelectrophoresis using monovalent antiserum—each antiserum (OP)...................................

4.30

4.30

4.30

4.30

4.30

4.30

1888

Immunoglobulins G, A, M or D, quantitative estimation of by immunodiffusion or any other method—estimation of one immunoglobulin (SP)........................

23.00

23.00

23.00

23.00

23.00

23.00

1889

Immunoglobulins G, A, M or D, quantitative estimation of by immunodiffusion or any other method—estimation of one immunoglobulin (OP).......................

17.25

17.25

17.25

17.25

17.25

17.25

SCHEDULE 1— continued

Item No.

Pathology Service

Fees

N.S.W.

Vic.

Qld

S.A.

W.A.

Tas.

$

$

$

$

$

$

1891

Immunoglobulins G, A, M or D, quantitative estimation of by immunodiffusion or any other method—estimation of each immunoglobulin in excess of one (SP)

11.40

11.40

11.40

11.40

11.40

11.40

1892

Immunoglobulins G, A, M or D, quantitative estimation of by immunodiffusion or any other method—estimation of each immunoglobulin in excess of one (OP)

8.55

8.55

8.55

8.55

8.55

8.55

1897

Immunoglobulin E, quantitative estimation of (SP)

34.50

34.50

34.50

34.50

34.50

34.50

1898

Immunoglobulin E, quantitative estimation of (OP)

25.90

25.90

25.90

25.90

25.90

25.90

1903

Radioallergosorbent tests for allergen identification—identification of one allergen (SP)..

11.40

11.40

11.40

11.40

11.40

11.40

1904

Radioallergosorbent tests for allergen identification—identification of one allergen (OP).

8.55

8.55

8.55

8.55

8.55

8.55

1905

Radioallergosorbent tests for allergen identification—identification of each allergen referred to in Item 1903 in excess of one allergen to a maximum of three allergens (SP)

5.70

5.70

5.70

5.70

5.70

5.70

1906

Radioallergosorbent tests for allergen identification—identification of each allergen referred to in Item 1904 in excess of one allergen to a maximum of three allergens (OP)

4.30

4.30

4.30

4.30

4.30

4.30

1911

Immunofluorescent detection of tissue antibodies, qualitative (not associated with the service specified in Item 1918), detection of one antibody (SP)..............................

23.00

23.00

23.00

23.00

23.00

23.00

1912

Immunofluorescent detection of tissue antibodies, qualitative (not associated with the service specified in Item 1919), detection of one antibody (OP).............................

17.25

17.25

17.25

17.25

17.25

17.25

1913

Immunofluorescent detection of tissue antibodies, qualitative (not associated with the service specified in Item 1918), detection of each antibody in excess of one (SP).............

11.40

11.40

11.40

11.40

11.40

11.40

1914

Immunofluorescent detection of tissue antibodies, qualitative (not associated with the service specified in Item 1919), detection of each antibody in excess of one (OP)

8.55

8.55

8.55

8.55

8.55

8.55

1918

Immunufluorescent detection of tissue antibodies, qualitative and quantitative—detection and estimation of each antibody (SP)..............................................................

28.50

28.50

28.50

28.50

28.50

28.50

1919

Immunofluorescent detection of tissue antibodies, qualitative and quantitative—detection and estimation of each antibody (OP)..............................................................

21.40

21.40

21.40

21.40

21.40

21.40

1924

Complement fixation tests on human tissue antibodies—one antibody (SP)

23.00

23.00

23.00

23.00

23.00

23.00

SCHEDULE 1— continued

Item No.

Pathology Service

Fees

N.S.W.

Vic.

Qld

S.A.

W.A.

Tas.

$

$

$

$

$

$

1925

Complement fixation tests on human tissue antibodies—one antibody (OP)

17.25

17.25

17.25

17.25

17.25

17.25

1926

Complement fixation tests on human tissue antibodies—each antibody in excess of one (SP)........

11.40

11.40

11.40

11.40

11.40

11.40

1927

Complement fixation tests on human tissue antibodies—each antibody in excess of one (OP)........

8.55

,8.55

8.55

8.55

8.55

8.55

1935

Latex flocculation test—qualitative, quantitative or qualitative and quantitative (SP)................................

11.40

11.40

11.40

11.40

11.40

11.40

1936

Latex flocculation test—qualitative, quantitative or qualitative and quantitave (OP)..................................

8.55

8.55

8.55

8.55

8.55

8.55

1941

Rose Waaler test, quantitative, using sheep cells (SP)

23.00

23.00

23.00

23.00

23.00

23.00

1942

Rose Waaler test, quantitative, using sheep cells (OP)

17.25

17.25

17.25

17.25

17.25

17.25

1943

Modified Rose Waaler test using stabilised sheep cells, not associated with Item 1941 (SP).......

11.40

11.40

11.40

11.40

11.40

11.40

1944

Modified Rose Waaler test using stabilised sheep cells, not associated with Item 1942 (OP)......

8.55

8.55

8.55

8.55

8.55

8.55

1948

Lupus erythematosus cells, preparation and examination of film for (SP)................................................

17.20

17.20

17.20

17.20

17.20

17.20

1949

Lupus erythematosus cells, preparation and examination of film for (OP)................................................

12.90

12.90

12.90

12.90

12.90

12.90

1955

Tanned erythrocyte haemagglutination test for tissue antibodies—one antibody (SP).......

23.00

23.00

23.00

23.00

23.00

23.00

1956

Tanned erythrocyte haemagglutination test for tissue antibodies—one antibody (OP).......

17.25

17.25

17.25

17.25

17.25

17.25

1957

Tanned erythrocyte haemagglutination test for tissue antibodies—each antibody in excess of one (SP).............

11.40

11.40

11.40

11.40

11.40

11.40

1958

Tanned erythrocyte haemagglutination test for tissue antibodies—each antibody in excess of one (OP)

8.55

8.55

8.55

8.55

8.55

8.55

1965

Leucocyte fractionation as preliminary test to specific tests of leucocyte function—by density gradient centrifugation or any other method (SP)..............................

34.50

34.50

34.50

34.50

34.50

34.50

1966

Leucocyte fractionation as preliminary test to specific tests of leucocyte function—by density gradient centrifugation or any other method (OP).............................

25.90

25.90

25.90

25.90

25.90

25.90

1971

Neutrophil or monocyte tests for phagocytic activity—visual techniques (SP)

34.50

34.50

34.50

34.50

34.50

34.50

1972

Neutrophil or monocyte tests for phagocytic activity—visual techniques (OP)

25.90

25.90

25.90

25.90

25.90

25.90

1973

Neutrophil or monocyte function tests for phagocytic activity—radioactive techniques (SP)..............

57.00

57.00

57.00

57.00

57.00

57.00

SCHEDULE 1— continued

Item No.

Pathology Service

Fees

N.S.W

Vic.

Qld

S.A.

W.A.

Tas.

$

$

$

$

$

$

1974

Neutrophil or monocyte function tests for phagocytic activity—radioactive techniques (OP).................

42.75

42.75

42.75

42.75

42.75

42.75

1981

Lymphocyte cell count—E. rosette technique or similar (SP)

46.00

46.00

46.00

46.00

46.00

46.00

1982

Lymphocyte cell count—E. rosette technique or similar (OP)

34.50

34.50

34.50

34.50

34.50

34.50

1987

B lymphocyte cell count—by immunofluorescence or immunoperoxidase (SP)

46.00

46.00

46.00

46.00

46.00

46.00

1988

B lymphocyte cell count—by immunofluorescence or immunoperoxidase (OP)

34.50

34.50

34.50

34.50

34.50

34.50

1995

Lymphocyte function test—visual trans-formation (SP)

46.00

46.00

46.00

46.00

46.00

46.00

1996

Lymphocyte function test—visual transformation (OP)

34.50

34.50

34.50

34.50

34.50

34.50

1997

Lymphocyte function test—radioactive techniques (SP)

69.00

69.00

69.00

69.00

69.00

69.00

1998

Lymphocyte function test—radioactive techniques (OP)

51.75

51.75

51.75

51.75

51.75

51.75

2006

Tissue group typing (HLA phenotyping) (SP)

57.00

57.00

57.00

57.00

57.00

57.00

2007

Tissue group typing (HLA phenotyping) (OP)

42.75

42.75

42.75

42.75

42.75

42.75

2013

Mantoux, Schick, casoni or similar test, not being a test covered by Item 987 or 989 (SP)........................

11.40

11.40

11.40

11.40

11.40

11.40

2014

Mantoux, Schick, casoni or similar test, not being a test covered by Item 987 or 989 (OP).......................

8.55

8.55

8.55

8.55

8.55

8.55

2022

Skin sensitivity—induction and detection of sensitivity to chemical antigens (SP)

23.00

23.00

23.00

23.00

23.00

23.00

2023

Skin sensitivity—induction and detection of sensitivity to chemical antigens (OP)

17.25

17.25

17.25

17.25

17.25

17.25

Division 5Histopathology

2041

Histopathology examination of biopsy material—processing of one or more paraffin blocks, with all appropriate stains and provision of professional opinion (SP)

80.00

80.00

80.00

80.00

80.00

80.00

2042

Histopathology examination of biopsy material—processing of one or more paraffin blocks, with all appropriate stains and provision of professional opinion (OP)

60.00

60.00

60.00

60.00

60.00

60.00

2048

Immediate frozen section diagnosis of biopsy material performed at the pathologist’s laboratory and confirmatory histopathology examination of this material after the frozen section using all appropriate stains (SP)

104.00

104.00

104.00

104.00

104.00

104.00

2049

Immediate frozen section diagnosis of biopsy material performed at the pathologist’s laboratory and confirmatory histopathology examination of this material after the frozen section using all appropriate stains (OP)

78.00

78.00

78.00

78.00

78.00

78.00

SCHEDULE 1— continued

Item No.

Pathology Service

Fees

N.S.W.

Vic.

Qld

S.A.

W.A.

Tas.

$

$

$

$

$

$

2056

Immediate frozen section diagnosis of biopsy material performed at a distance of one or more kilometres from the pathologist’s laboratory and confirmatory histopathology examination of this material after the frozen section using all appropriate stains (SP)..................................................................

148.00

148.00

148.00

148.00

148.00

148.00

2057

Immediate frozen section diagnosis of biopsy material performed at a distance of one or more kilometres from the pathologist’s laboratory and confirmatory histopathology examination of this material after the frozen section using all appropriate stains (OP)..........................................................

111.00

111.00

111.00

111.00

111.00

111.00

2060

Immunofluorescent or immunoperoxidase investigation of biopsy specimen, including any other histopathology examination of the biopsy specimen and any histopathology examination of tissue obtained from the patient at the time the tissue subject to immunofluorescent or immunoperoxidase investigation was obtained—one or both investigations (SP).............................

104.00

104.00

104.00

104.00

104.00

104.00

2061

Immunofluorescent or immunoperoxidase investigation of biopsy specimen, including any other histopathology examination of the biopsy specimen and any histopathology examination of tissue obtained from the patient at the time the tissue subject to immunofluorescent or immunoperoxidase investigation was obtained—one or both investigations (OP).............................

78.00

78.00

78.00

78.00

78.00

78.00

2062

Electron microscopy examination of biopsy specimen, including any other histopathology examination of the biopsy specimen and any histopathology examination of tissue obtained from the patient at the time the tissue subject to the electron microscopy examination was obtained (SP)..........

120.00

120.00

120.00

120.00

120.00

120.00

2063

Electron microscopy examination of biopsy specimen, including any other histopathology examination of the biopsy specimen and any histopathology examination of tissue obtained from the patient at the time the tissue subject to the electron microscopy examination was obtained (OP)..........

90.00

90.00

90.00

90.00

90.00

90.00

Division 6—Cytology

2081

Cytological examination for pathological change of smears from cervix and vagina, skin or mucous membrane, excluding nasal smears for cell count covered by Item 1545, 1546, 1548 or 1549—each examination (SP)

17.20

17.20

17.20

17.20

17.20

17.20

SCHEDULE 1— continued

Item No.

Pathology Service

Fees

N.S.W.

Vic.

Qld

S.A.

W.A.

Tas.

$

$

$

$

$

$

2082

Cytological examination for pathological change of smears from cervix and vagina, skin or mucous membrane, excluding nasal smears for cell count covered by Item 1545, 1546, 1548 or 1549—each examination (OP)............

12.90

12.90

12.90

12.90

12.90

12.90

2091

Cytological examination of body fluid or washings for malignant cells—examination of sputum, urine, bronchial secretion, cerebrospinal fluid, peritoneal fluid, any similar fluid, gastric washings, duodenal washings, oesophageal washings or colonic washings, including collection of specimen—each examination (SP).....

34.50

34.50

34.50

34.50

34.50

34.50

2092

Cytological examination of body fluid or washings for malignant cells—examination of sputum, urine, bronchial secretion, cerebrospinal fluid, peritoneal fluid, any similar fluid, gastric washings, duodenal washings, oesophageal washings or colonic washings, including collection of specimen—each examination (OP)....

25.90

25.90

25.90

25.90

25.90

25.90

2093

Cytological examination for malignant cells of material obtained by fine needle aspiration of solid tissues (SP)

46.00

46.00

46.00

46.00

46.00

46.00

2094

Cytological examination for malignant cells of material obtained by fine needle aspiration of solid tissues (OP)

34.50

34.50

34.50

34.50

34.50

34.50

2104

Hormonal assessment by cytological examination of vaginal epithelium involving cell count, index or both (SP)

17.20

17.20

17.20

17.20

17.20

17.20

2105

Hormonal assessment by cytological examination of vaginal epithelium involving cell count, index or both (OP)

12.90

12.90

12.90

12.90

12.90

12.90

2111

Cytological examination for pathological change of smears from cervix and vagina with hormonal assessment by cytological examination of vaginal epithelium involving cell count, index or both (SP)...........

28.50

28.50

28.50

28.50

28.50

28.50

2112

Cytological examination for pathological change of smears from cervix and vagina with hormonal assessment by cytological examination of vaginal epithelium involving cell count, index or both (OP)...........

21.40

21.40

21.40

21.40

21.40

21.40

2148

Chromosome studies, including preparation, count and karyotyping of amniotic fluid (SP).....

172.00

172.00

172.00

172.00

172.00

172.00

2149

Chromosome studies, including preparation, count and karyotyping of amniotic fluid (OP).....

129.00

129.00

129.00

129.00

129.00

129.00

SCHEDULE 1— continued

Item No.

Pathology Service

Fees

N.S.W.

Vic.

Qld

S.A.

W.A.

Tas.

$

$

$

$

$

$

2155

Chromosome studies, including preparation, count and karyotyping of bone marrow (SP)...

114.00

114.00

114.00

114.00

114.00

114.00

2156

Chromosome studies, including preparation, count and karyotyping of bone marrow (OP)..

85.50

85.50

85.50

85.50

85.50

85.50

2161

Chromosome studies, including preparation, count and karyotyping of blood, skin or any tissue or fluid not referred to in Item 2148 or 2155—each study (SP)

138.00

138.00

138.00

138.00

138.00

138.00

2162

Chromosome studies, including preparation, count and karyotyping of blood, skin or any tissue or fluid not referred to in Item 2149 or 2156—each study (OP)

103.50

103.50

103.50

103.50

103.50

103.50

2170

Chromosome identification by banding techniques (using fluorescein, Giemsa or centromeres staining)—one method (SP).......................................................

114.00

114.00

114.00

114.00

114.00

114.00

2171

Chromosome identification by banding techniques (using fluorescein, Giemsa or centromeres staining)—one method (OP)......................................................

85.50

85.50

85.50

85.50

85.50

85.50

2173

Chromosome identification by banding techniques (using fluorescein, Giemsa or centromeres staining)—two or more methods (SP).......................................

172.00

172.00

172.00

172.00

172.00

172.00

2174

Chromosome identification by banding techniques (using fluorescein, Giemsa or centromeres staining)—two or more methods (OP)......................................

129.00

129.00

129.00

129.00

129.00

129.00

Division 8Infertility and Pregnancy Tests

2201

Examination of semen for presence of spermatozoa (SP)

6.90

6.90

6.90

6.90

6.90

6.90

2202

Examination of semen for presence of spermatozoa (OP)

5.20

5.20

5.20

5.20

5.20

5.20

2211

Huhner’s test (post-coital test)—collection of sample and examination of wet preparation (SP)

23.00

23.00

23.00

23.00

23.00

23.00

2212

Huhner’s test (post-coital test)—collection of sample and examination of wet preparation (OP)

17.25

17.25

17.25

17.25

17.25

17.25

2215

Examination of semen involving measurement of volume, sperm count, gram or similar stain, morphology by differential count and motility (including duration) or viability or both (SP)

34.50

34.50

34.50

34.50

34.50

34.50

2216

Examination of semen involving measurement of volume, sperm count, gram or similar stain, morphology by differential count and motility (including duration) or viability or both (OP)

25.90

25.90

25.90

25.90

25.90

25.90

2225

Chemical analysis of semen—analysis of one substance (SP)

17.20

17.20

17.20

17.20

17.20

17.20

2226

Chemical analysis of semen—analysis of one substance (OP)

12.90

12.90

12.90

12.90

12.90

12.90

SCHEDULE 1— continued

Item No.

Pathology Service

Fees

N.S.W.

Vic.

Qld

S.A.

W.A.

Tas.

$

$

$

$

$

$

2227

Chemical analysis of semen—analysis of two or more substances (SP)................................................................

28.50

28.50

28.50

28.50

28.50

28.50

2228

Chemical analysis of semen—analysis of two or more substances (OP)................................................................

21.40

21.40

21.40

21.40

21.40

21.40

2247

Spermagglutinating and immobilising antibodies, test for—one test (SP).........................................................

17.20

17.20

17.20

17.20

17.20

17.20

2248

Spermagglutinating and immobilising antibodies, test for—one test (OP)........................................................

12.90

12.90

12.90

12.90

12.90

12.90

2249

Two or more tests referred to in Item 2247 (SP)

23.00

23.00

23.00

23.00

23.00

23.00

2250

Two or more tests referred to in Item 2248 (OP)

17.25

17.25

17.25

17.25

17.25

17.25

2264

Sperm penetrability, one or more tests for—not associated with Item 2211 (SP)...............................................

23.00

23.00

23.00

23.00

23.00

23.00

2265

Sperm penetrability, one or more tests for—not associated with Item 2212 (OP)..............................................

17.25

17.25

17.25

17.25

17.25

17.25

2272

Chorionic gonadotrophin (beta-HCG), qualitative estimation or quantitative estimation or qualitative and quantitative estimation by one or more methods for any purpose not covered by Item 2285 or 2286 (SP)...............................................

11.40

11.40

11.40

11.40

11.40

11.40

2273

Chorionic gonadotrophin (beta-HCG), qualitative estimation or quantitative estimation or qualitative and quantitative estimation by one or more methods for any purpose not covered by Item 2285 or 2286 (OP)..............................................

8.55

8.55

8.55

8.55

8.55

8.55

2285

Chorionic gonadotrophin quantitative estimation of (including serial dilutions) for assessments of hormone levels in the case of proven hormone producing neoplasms by one or more methods (SP)

34.50

34.50

34.50

34.50

34.50

34.50

2286

Chorionic gonadotrophin quantitative estimation of (including serial dilutions) for assessments of hormone levels in the case of proven hormone producing neoplasms by one or more methods (OP)................................................................

25.90

25.90

25.90

25.90

25.90

25.90

2287

Pregnancy pathology assessment—comprising haemoglobin estimation, calculation of red cell indices, blood film examination, blood grouping, examination for blood group antibodies, test for syphilis, test for rubella antibodies, microscopic examination of urine and culture—one assessment in any one pregnancy (SP)................................................................

72.00

72.00

72.00

72.00

72.00

72.00

2288

Pregnancy pathology assessment—comprising haemoglobin estimation, calculation of red cell indices, blood film examination, blood grouping, examination for blood group antibodies, test for syphilis, test for rubella antibodies, microscopic examination of urine and culture—one assessment in any one pregnancy (OP)................................................................

54.00

54.00

54.00

54.00

54.00

54.00

ItemNo.

Pathology Service

Fees

N.S.W.

Vic.

Qld

S.A.

W.A.

Tas.

$

$

$

$

$

$

Division 8 A—Examination not otherwise covered

2294

Pathology examination of any body fluid or tissue not covered by any other item in this Part (SP).................

4.60

4.60

4.60

4.60

4.60

4.60

2295

Pathology examination of any body fluid or tissue not covered by any other item in this Part (OP)................

3.45

3.45

3.45

3.45

3.45

3.45

Division 9Simple Basic Pathology Tests

2334

Blood count consisting of leucocyte count, erythrocyte sedimentation rate, examination of blood film (including differential leucocyte count) or any or all of haemoglobin estimation, haematocrit estimation or erythrocyte count—one procedure

3.45

3.45

3.45

3.45

3.45

3.45

2335

Blood count consisting of leucocyte count, erythrocyte sedimentation rate, examination of blood film (including differential leucocyte count) or any or all of haemoglobin estimation, haemato-crit estimation or erythrocyte count—two procedures.........................................

5.20

5.20

5.20

5.20

5.20

5.20

2336

Blood count consisting of leucocyte count, erythrocyte sedimentation rate, examination of blood film (including differential leucocyte count) or any or all of haemoglobin estimation, haematocrit estimation or erythrocyte count—three or more procedures

6.90

6.90

6.90

6.90

6.90

6.90

2342

Microscopical examination of urine

3.45

3.45

3.45

3.45

3.45

3.45

2346

Pregnancy test by one or more immunochemical methods

8.55

8.55

8.55

8.55

8.55

8.55

2352

Microscopical examination of wet film other than urine

5.20

5.20

5.20

5.20

5.20

5.20

2357

Microscopical examination of gram stained film

6.90

6.90

6.90

6.90

6.90

6.90

2362

Chemical tests for occult blood in faeces by reagent stick, strip, tablet or similar method................................

1.75

1.75

1.75

1.75

1.75

1.75

2369

Microscopical examination screening for fungi in skin, hair or nails—one or more sites..................................

5.20

5.20

5.20

5.20

5.20

5.20

2374

Mantoux test...........................................

8.55

8.55

8.55

8.55

8.55

8.55

2382

Casoni test for hydatid disease.............

8.55

8.55

8.55

8.55

8.55

8.55

2388

Schick test................................................

8.55

8.55

8.55

8.55

8.55

8.55

2392

Seminal examination for presence of spermatozoa

5.20

5.20

5.20

5.20

5.20

5.20

SCHEDULE 2

Section 53

MINOR AMENDMENTS OF HEALTH INSURANCE ACT 1973

The following provisions of the Health Insurance Act 1973 are amended by omitting “Chairman” (wherever occurring) and substituting “Chairperson”:

Sub-sections 52 (1), (2), (5) and (7), 53 (3) and 59 (1), (2) and (3), section 64, section 65 (definitions of “Chairman” and “Deputy Chairman”), sub-sections 68 (1), (2), (5) and (7), section 69, sub-sections 70 (3) and 75 (1), (2), (3) and (4), section 78, sub-section 79 (1) (definitions of “Chairman” and “Deputy Chairman”), sub-sections 83 (1), (2), (5) and (7), section 84, sub-sections 85 (2) and 90 (1), (2), (3) and (4), section 93 and sub-section 97 (2).

SCHEDULE 3 Section 70

MINOR AMENDMENTS OF NATIONAL HEALTH ACT 1953

The following provisions of the National Health Act 1953 are amended by omitting “Chairman” (wherever occurring) and substituting “Chairperson”:

Sub-section 84 (1) (definitions of “Chairman” and “member”), paragraph 98a (2) (a), sub-sections 98a (4), 98bb (1) and (2), 98bc (5), 98e (1), 99a (2) and 99b (1), paragraph 99c (1) (a), sub-sections 99c (2) and 99d (1), (3), (7), (8) and (9), section 118 (definition of “Chairman”) and sub-sections 120 (1) and (2), 124 (2) and (4), 125 (1) and 126 (1).

NOTES

1. No. 42, 1974, as amended. For previous amendments, see No. 58, 1975; Nos. 59, 91, 101, 109 and 157, 1976; No. 75, 1977; Nos. 36, 89 and 133, 1978; Nos. 53 and 123, 1979; No. 132, 1980; Nos. 118 and 176, 1981; Nos. 49, 80 and 112, 1982; Nos. 54 and 139, 1983; Nos. 15, 46, 63, 120, 135 and 165, 1984; and Nos. 24, 65, 70, 95 and 167, 1985.

2. No. 41, 1974, as amended. For previous amendments, see Nos. 61, 91 and 100, 1976; Nos. 36 and 134, 1978; No. 53, 1979; Nos. 54 and 115, 1983; No. 63, 1984; and Nos. 65 and 167, 1985.

3. 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; Nos. 40, 74, 92, 118, 163 and 176, 1981; Nos. 49, 80 and 112, 1982; Nos. 35, 54 and 139, 1983; Nos. 46, 63, 72, 120, 135 and 165, 1984; and Nos. 24, 53, 65, 70, 95, 127 and 167, 1985.

4. No. 164, 1985.

5. No. 46, 1948, as amended. For previous amendments, see No. 216, 1973; Nos. 135 and 165, 1984; and No. 24, 1985.

[Minister’s second reading speech made in—

House of Representatives on 8 May 1986

Senate on 30 May 1986

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