National Health (Pharmaceutical Benefits) Regulations (Amendment) (Cth)

Statutory Rules 1991 No. 11

National Health (Pharmaceutical Benefits) Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the National Health Act 1953.

Dated 15 January 1991.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

PETER STAPLES

Minister of State for Aged, Family and Health Services

 

1. Amendment

1.1 The National Health (Pharmaceutical Benefits) Regulations are amended as set out in these Regulations.

2. Regulation 5 (Interpretation)

2.1 Subregulation 5 (1):

Insert the following definitions:

“ ‘concession card’ has the same meaning as in Part VII of the Act;

(S.R. 453/90)—Cat. No. 14/8.1.1991

‘concession card prescription’ has the same meaning as in Part VII of the Act;”.

2.2 Paragraph 5 (3) (a):

After “holder of, insert “a concession card or”.

2.3 Subregulation 5 (3):

After paragraph (a), insert:

“(aa) a reference to the original holder of a concession card is a reference to the person to whom a concession card has been issued under section 84da of the Act;”.

3. New Part IIaa

3.1 After regulation 9, insert:

“PART IIaa—SAFETY NET CONCESSION CARDS

Safety net concession card

“9aa. (1) For the purposes of paragraph 84da (3) (b) of the Act, the following particulars are prescribed in relation to an application under subsection 84da (1) or (2) of the Act:

(a) the full name of the applicant;

(b) the residential address of the applicant;

(c) the full name of each person who is a member of the applicant’s family;

(d) the relationship of each person referred to in paragraph (c) to the applicant;

(e) the date on which the application is made.

“(2) For the purposes of paragraph 84da (3) (b) of the Act, the following documents are prescribed in relation to an application under subsection 84da (1) or (2) of the Act:

(a) record forms issued to the applicant or to a member of the applicant’s family that:

(i) record the value of pharmaceutical benefits supplied to the applicant, or to a member of the applicant’s family, during the relevant entitlement period to which the application relates; and

(ii) bear a statement signed by the applicant declaring that the pharmaceutical benefits recorded in the form were so supplied;

(b) in respect of any other pharmaceutical benefit so supplied, any document that establishes the value of that pharmaceutical benefit.

Additional concession cards

“9ab. (1) A person whose concession card has been lost, stolen, damaged or destroyed may apply for an additional concession card to the Secretary.

“(2) A person who is a holder of a concession card, other than a person referred to in subregulation (1), may apply for an additional concession card to:

(a) the Secretary; or

(b) where the original concession card was issued by an approved pharmacist, approved medical practitioner or approved hospital authority—that approved pharmacist, approved medical practitioner or approved hospital authority.

“(3) An application under subregulation (1) or (2) for an additional concession card must:

(a) be in accordance with the form approved by the Secretary; and

(b) set out:

(i) the full name of the applicant; and

(ii) the residential address of the applicant; and

(iii) the full name of each person (other than the applicant) who is a member of the family of the original holder of the concession card and the relationship of that person to the original holder; and

(iv) the number (if known to the applicant) of any other concession card held by a member of the family of the original holder of the concession card; and

(v) if the application is made under subregulation (1)—the number (if known to the applicant) of the concession card that the applicant holds; and

(c) be signed and dated by the applicant; and

(d) be accompanied by the original concession card unless the application is made under subregulation (1).

“(4) Where, on an application to a person for the issue of an additional concession card, the person is satisfied, having regard to:

(a) the matters contained in the application; and

(b) any other relevant matters;

that an additional concession card should be issued to the applicant, the person must issue an additional concession card to the applicant.

Replacement concession cards

“9ac. (1) An original holder of a concession card may apply for the issue of a replacement card.

“(2) An application under subregulation (1) must:

(a) be made, in accordance with the form approved by the Secretary, to:

(i) the Secretary; or

(ii) where the original concession card was issued by an approved pharmacist, approved medical practitioner or approved hospital authority—that approved pharmacist, approved medical practitioner or approved hospital authority; and

(b) set out:

(i) the full name of the applicant; and

(ii) the residential address of the applicant; and

(iii) the full name of any new family member and his or her relationship to the applicant; and

(c) be signed and dated by the applicant; and

(d) be accompanied by the original concession card unless the application is made to the Secretary.

“(3) Where, on an application to a person for the issue of a replacement card, the person is satisfied, having regard to:

(a) the matters contained in the application: and

(b) any other relevant matters;

that:

(c) the applicant is the original holder of the concession card to which the application relates; and

(d) each person identified in the application in accordance with subparagraph (2) (b) (iii) became, after the issue of that concession card and during the relevant entitlement period in respect of which that card was issued, a member of the original card holder’s family;

the person must issue a replacement concession card to the applicant.

Refusal to issue additional or replacement concession cards

“9ad. (1) Where an approved pharmacist, approved medical practitioner or approved hospital authority makes:

(a) a decision under regulation 9abrefusing to issue an additional concession card; or

(b) a decision under regulation 9ac refusing to issue a replacement concession card;

the applicant may apply to the Secretary under subregulation 9ab (2) or regulation 9ac for the issue of the additional concession card or replacement concession card, as the case requires.

“(2) Where the Secretary makes:

(a) a decision under regulation 9abrefusing to issue an additional concession card; or

(b) a decision under regulation 9ac refusing to issue a replacement concession card;

the Secretary must, by notice in writing, inform the applicant of the making of, and reasons for, the decision.

“(3) A notice under subregulation (2) must include a statement to the effect:

(a) that an application may be made, subject to the Administrative Appeals Tribunal Act 1975,by or on behalf of a person whose interests are affected by the decision, to the Administrative Appeals Tribunal for review of the decision; and

(b) that a person whose interests arc affected by the decision may, except where subsection 28 (4) of that Act applies, request a statement under section 28 of that Act.

“(4) A failure to comply with subregulation (3) in relation to a decision does not affect the validity of the decision.

Review of decisions

“9ae. An application may be made to the Administrative Appeals Tribunal for review of a decision of the Secretary:

(a) refusing to issue an additional concession card under regulation 9ab; or

(b) refusing to issue a replacement concession card under regulation 9ac.

Prescribed offices—subsection 84da (5) of the Act

“9af. For the purposes of subsection 84da (5) of the Act, each office specified in Schedule 7 is a prescribed office.”.

4. Regulation 19a (Matters prescribed for the purposes of subsections 84aa (1) and (2) of the Act)

4.1 Subregulation 19a (1):

After paragraph 19a(1) (a), insert:

“(b) in relation to a person who is a holder of a concession card:

(i) information that the person is the holder of a concession card; and

(ii) the number of the card;”.

4.2 Paragraph 19a(2) (da):

After “holder of, insert “a concession card or”.

5. Regulation 26 (Repeat authorisations)

5.1 Paragraph 26 (1) (d):

After “case or”, insert “a concession card prescription,”.

6. Regulation 26a (Deferred supply authorisations)

6.1 Paragraph 26a (2) (c):

After “case or”, insert “a concession card prescription,”.

7. Regulation 31 (Receipts)

7.1 Subregulation 31 (1b):

After “concessional benefit prescription”, insert”, a concession card prescription”.

7.2 Subregulation 31 (1b):

After “holder of, insert “a concession card or”.

8. Schedule 7 (Prescribed offices for the purposes of section 84e of the National Health Act 1953)

8.1 Omit the heading, substitute:

“SCHEDULE 7 Regulations 9af and 9ba

PRESCRIBED OFFICES FOR THE PURPOSES OF SUBSECTIONS 84da (5) AND 84e (5) OF THE ACT”.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 22 January 1991.

2. Statutory Rules 1960 No. 17 as amended by 1960 Nos. 90 and 102; 1961 Nos. 59 and 137; 1962 Nos. 34, 101 and 114; 1963 Nos. 34, 69 and 107; 1964 Nos. 12, 57 and 135; 1965 Nos. 51, 151 and 152; 1966 Nos. 80 and 144; 1967 Nos. 67, 116 and 158; 1968 Nos. 44, 76, 88 and 146; 1969 Nos. 44, 107 and 185; 1970 Nos. 39, 94, 119 and 186; 1971 Nos. 44, 101, 136 and 154; 1972 Nos. 32, 121 and 205; 1973 Nos. 15, 57, 139 and 229; 1974 Nos. 37, 126 and 222; 1975 Nos. 50, 148 and 209; 1976 Nos. 84, 150, 195 and 255; 1977 Nos. 39, 125 and 221; 1978 Nos. 47, 142, 153 and 245; 1979 Nos. 51, 55, 144 and 250; 1980 Nos. 69, 213 and 338; 1981 Nos. 52, 212, 218 and 345; 1982 Nos. 69, 76, 179, 334 and 372; 1983 Nos. 28, 102, 116 and 292; 1984 Nos. 50, 148, 169 and 342; 1985 Nos. 32, 184 and 320; 1986 Nos. 38, 194, 319, 320 and 391; 1987 Nos. 47, 262 and 279; 1988 No. 56; 1989 No. 330 (disallowed by Senate on 22 December 1989): 1990 Nos. 226, 267, 338 and 437.

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