Health Insurance (Allied Health Services) Amendment Determination 2012 (No. 3)

Administered by Department of Health, Disability and Ageing

Legislation au F2012L02001 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Issued by the Authority of the Minister for Health and Ageing

 

Health Insurance Act 1973

 

Health Insurance (Allied Health Services) Amendment Determination 2012 (No. 3)

 

 

Subsection 3C(1) of the Health Insurance Act 1973 (the Act) provides that the Minister may, by writing, determine that a health service not listed in the general medical services table (the Table) shall, in specified circumstances and for specified statutory provisions, be treated as if it were so listed.  The Table is set out in the Health Insurance (General Medical Services Table) Regulations, which is remade each year.

 

Purpose

The purpose of the Health Insurance (Allied Health Services) Amendment Determination 2012 (No. 3) (the Determination) is to amend eligibility requirements for psychologists proving Medicare-rebateable allied health services, enabling psychologists who have conditions attached to their general registration to provide such services.

 

Background

Under the Health Insurance (Allied Health Services) Determination 2011 (the Principal Determination) appropriately qualified psychologists are able to provide focussed psychological strategies health services, mental health services, non-directive pregnancy support counselling health services, psychological therapy health services and psychology health services. 

 

Prior to the amendments made by the Determination, psychologists were required to be registered without limitation in order to provide allied health services under Medicare. This meant that psychologists with provisional registration (i.e. requiring a period of supervised practice prior to gaining general registration) or with non-practising registration were not eligible to provide Medicare services.  However it also meant that psychologists with general registration who had any conditions attached to their registration were ineligible to provide allied health services for which Medicare benefits could be paid.

 

From 1 July 2010, the psychology profession has been regulated by the Health Practitioner Regulation National Law Act as in force in each state and territory of Australia. The Psychology Board of Australia is the National Board for the psychology profession.

 

The Psychology Board of Australia can impose conditions on a psychologist’s registration which may relate to the practitioner’s health, practice or registration.  Psychologists with general registration who have conditions attached to their registration have been assessed by the Psychology Board of Australia as able to practice and provide mental health services within the parameters of those conditions.  The Psychology Board of Australia monitors compliance with conditions that have been imposed on a psychologist’s registration and is able to take appropriate steps should conditions not be adhered to including suspension or revocation of registration.

 

However, prior to these amendments psychologists whose registration was subject to any conditions were unable to provide Medicare services even when practising within those conditions.

 

Details of amendments

 

Provider qualification requirements relating to the various categories of allied health services are set out in Schedule 1 of the Principal Determination.  Items 7, 8, 9, 16 and 17 of Schedule 1 set out the qualification requirements for focussed psychological strategies services, mental health services, non-directive pregnancy support services, psychology therapy services and psychology services, respectively. 

 

The Determination amends items 7, 8, 9, 16 and 17 of Schedule 1 to the Principal Determination to remove the requirement that psychologists providing these services be registered ‘without limitation’ under the applicable law in force in the State or Territory in which the service was provided, and replace it with a requirement that the psychologist hold general registration under the applicable law.  This will enable psychologists holding general registration subject to conditions to provide Medicare-rebateable allied health services, providing any other eligibility criteria are met. 

 

Psychologists with provisional registration who require further supervised practice prior to gaining general registration and psychologists with non-practising registration remain ineligible to provide Medicare-eligible services.

 

Commencement

This Determination commences the day after registration on the Federal Register of Legislative Instruments.

 

Consultation

In making this Determination the Department of Health and Ageing consulted the Psychology Board of Australia and the Australian Psychological Society. It is the role of the Psychology Board of Australia to make sure that only those practitioners who have the skills and qualifications to provide safe care and psychological services to the Australian community are registered to practice in the psychology profession.

 

The Psychology Board of Australia and the Australian Psychological Society both supported the amendments made by the Determination.

 

A determination made under subsection 3C(1) of the Act is a legislative instrument for the purposes of the Legislative Instruments Act 2003.


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Overview

The Health Insurance (Allied Health Services) Amendment Determination 2012 (No. 3) amends eligibility requirements for psychologists providing Medicare-rebateable allied health services under the Health Insurance Act 1973. Enacted by the Australian Government, this amendment responds to the need to allow appropriately qualified psychologists with conditions attached to their general registration to offer Medicare services, aligning with the regulatory framework established under the Health Practitioner Regulation National Law Act. This change ensures that psychologists assessed as competent to practice within the conditions of their registration can participate in the Medicare system, facilitating broader access to mental health services while maintaining standards of care. The amendments were developed following consultation with the Psychology Board of Australia and the Australian Psychological Society, both of which supported the changes to better align with current professional standards and practices.

Scope and Application

The Health Insurance (Allied Health Services) Amendment Determination 2012 (No. 3) amends the eligibility requirements for psychologists providing Medicare-rebateable allied health services under the Health Insurance Act 1973. This amendment allows psychologists who hold general registration, even if subject to certain conditions, to provide specified allied health services for which Medicare benefits can be claimed. The amendment applies to psychologists who provide focused psychological strategies, mental health, non-directive pregnancy support counselling, psychological therapy, and general psychology services, ensuring they meet the updated qualification criteria as outlined in the determination. Notably, psychologists who are provisionally registered or hold non-practising registration remain ineligible to provide these Medicare-eligible services. The determination came into effect on the day after its registration on the Federal Register of Legislative Instruments, following consultation with the Psychology Board of Australia and the Australian Psychological Society, both of which endorsed the changes.

Key Provisions

The Health Insurance (Allied Health Services) Amendment Determination 2012 (No. 3) primarily amends the eligibility criteria for psychologists providing Medicare-rebateable allied health services. Under this Determination, psychologists who hold general registration, even if subject to certain conditions, are now eligible to provide specified allied health services (sections 7, 8, 9, 16, and 17 of Schedule 1). This change removes the previous requirement that psychologists must be registered 'without limitation' to provide these services, thus allowing those with conditions attached to their registration to offer such services provided they meet other eligibility criteria. The services covered include focussed psychological strategies, mental health services, non-directive pregnancy support counselling, psychological therapy, and psychology services. The Determination imposes specific obligations on the parties it governs. Psychologists who wish to provide the aforementioned allied health services must now hold general registration under the applicable law, with the conditions on their registration being monitored by the Psychology Board of Australia. The Board ensures compliance with the conditions and has the authority to take action, including suspension or revocation of registration, if conditions are not met. Additionally, the Department of Health and Ageing must consult with the Psychology Board of Australia and the Australian Psychological Society when making such determinations, as evidenced by their consultation in this instance. The Determination also outlines the consequences for non-compliance with its provisions. While the specific penalties for breaching the provisions of the Health Insurance Act 1973 are not detailed in the explanatory statement, it is implied that breaches could lead to administrative or legal actions against the offending parties. The penalties could potentially include fines or other civil or criminal sanctions as provided under the overarching legislation. The precise nature and extent of these penalties would be governed by the broader legal framework within which the Health Insurance Act operates.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.