Health Insurance Amendment Regulations 2004 (No. 5)

Administered by Department of Health, Disability and Ageing

Legislation au F2004B00203 Regulations Not in force Legislative Instrument

Legislation content

Health Insurance Amendment Regulations 2004 (No. 5) 2004 No. 180

EXPLANATORY STATEMENT

STATUTORY RULES 2004 NO. 180

Issued by the Authority of the Minister for Health and Ageing

Health Insurance Act 1973
Health Insurance Commission Act 1973

Health Insurance Amendment Regulations 2004 (No. 5)
Health Insurance Commission Amendment Regulations 2004 (No. 1)

Subsection 133(1) of the Health Insurance Act 1973 (the Act) provides, in part, that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Section 44 of the Health Insurance Commission Act 1973 (the Commission Act) provides that the Governor-General may make regulations, not inconsistent with the Commission Act, prescribing all matters required or permitted by the Commission Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Commission Act. Subsection 8AA(2) of the Commission Act provides that the Health Insurance Commission (the Commission) is to perform such additional functions as are prescribed by the regulations.

The purpose of the Regulations is to confer additional functions on the Commission to process and pay claims under Part 2 of Chapter 6 of the Military Rehabilitation and Compensation Act 2004 (the Compensation Act).

The Compensation Act establishes a rehabilitation and compensation scheme specifically for members of the Australian Defence Force and their families.

Health Insurance Amendment Regulations 2004 (No. 5)

Subsection 130(3A) of the Act provides that the Commission may divulge information to prescribed authorities or persons in accordance with prescribed conditions. Schedule 3 to the Health Insurance Regulations 1975 prescribes authorities and persons for this purpose. In order for the Commission to undertake the function of processing claims for compensation under the Compensation Act, the Regulations amend the definition of "Veterans' patient" to include a person entitled to treatment under Part 2 of Chapter 6 of the Compensation Act. The effect of these provisions is that HIC could disclose certain information in relation to Veteran patients to officers within the Health Program administered by the Department of Veterans' Affairs.

Health Insurance Commission Amendment Regulations 2004 (No. 1)

The Regulations enable the Commission to process claims for compensation under Part 2 of Chapter 6 of the Compensation Act on behalf of the Military Rehabilitation and Compensation Commission. The Regulations also enable the Commission to make payments in respect of those claims.

Neither the Act nor the Commission Act specifies any conditions that need to be met before the power to make the proposed Regulations may be exercised.

Details of the Regulations are set out in Attachments A and B.

The Regulations commence on 1 July 2004 to coincide with the commencement of Part 2 of Chapter 6 of the Compensation Act.

ATTACHMENT A

DETAILS OF THE HEALTH INSURANCE AMENDMENT REGULATIONS 2004 (No. 5).

Regulation 1 names the regulations as the Health Insurance Amendment Regulations 2004 (No. 5).

Regulation 2 provides for the regulations to commence on 1 July 2004.

Regulation 3 provides that Schedule 1 amends the Health Insurance Regulations 1975.

Schedule 1 - Amendment

Item [1]

This item amends paragraph (c) of Clause 1 in Schedule 3, Part 1, definition of Veterans' patient to substitute a new paragraph (c):

"(c)       the Papua New Guinea (Members of the Forces) Benefits Act 1957; or"

and insert a new paragraph (d):

"(d)       Chapter 6 of the Military Rehabilitation and Compensation Act 2004."

The change to paragraph (c) substitutes the full stop at the end of the paragraph with a semi-colon and adds the word 'or' to allow the insertion of the new paragraph (d).

The new paragraph (d) ensures that the definition of Veterans' patient covers Chapter 6 of the Military Rehabilitation and Compensation Act 2004.

The rehabilitation and compensation scheme established by the Military Rehabilitation and Compensation Act 2004 is specifically for members of the Australian Defence Force and their families.

ATTACHMENT B

DETAILS OF THE HEALTH INSURANCE COMMISSION AMENDMENT REGULATIONS 2004 (No. 1).

Regulation 1 names the regulations as the Health Insurance Commission Amendment Regulations 2004 (No. 1).

Regulation 2 provides for the regulations to commence on 1 July 2004.

Regulation 3 provides that Schedule 1 amends the Health Insurance Commission Regulations 1975.

Schedule 1 - Amendment

Item [1]

This item inserts a new regulation 3I, after regulation 3H, into the Health Insurance Commission Regulations 1975. Regulation 3I sets out, for the purpose of section 8AA (2) of the Act, the additional functions of the Health Insurance Commission in relation to claims for compensation under the Military Rehabilitation and Compensation Act 2004 (the Act).

New subregulation 3I(1) prescribes the following functions:

(a)       process, on behalf of the Military Rehabilitation and Compensation Commission, claims for compensation under Part 2 of Chapter 6 of the Act; and

(b)       make payments in respect of those claims.

New subregulation 3I(2) defines the meaning of the Military Rehabilitation and Compensation Commission as the Commission established by section 361 of the Act.

The rehabilitation and compensation scheme established by the Act is specifically for members of the Australian Defence Force and their families.

 

Overview

The Health Insurance Amendment Regulations 2004 (No. 5) and Health Insurance Commission Amendment Regulations 2004 (No. 1) were enacted in 2004 to address the need for a streamlined system for processing and paying claims under the Military Rehabilitation and Compensation Act 2004 for members of the Australian Defence Force and their families. These Regulations were issued under the authority of the Minister for Health and Ageing and align with the objectives of the Health Insurance Act 1973 and Health Insurance Commission Act 1973. The primary policy objective of these Regulations is to facilitate the integration of the rehabilitation and compensation scheme with the existing health insurance framework by conferring additional functions on the Health Insurance Commission. Specifically, these Regulations empower the Commission to process claims and make payments under the Military Rehabilitation and Compensation Act 2004, thereby enhancing the efficiency and effectiveness of the compensation scheme for veterans and their families.

Scope and Application

The Health Insurance Amendment Regulations 2004 (No. 5) and the Health Insurance Commission Amendment Regulations 2004 (No. 1) are statutory instruments that amend the Health Insurance Regulations 1975 and the Health Insurance Commission Regulations 1975, respectively, to confer additional functions on the Health Insurance Commission (HIC). These Regulations apply to the HIC, allowing it to process and pay claims under Part 2 of Chapter 6 of the Military Rehabilitation and Compensation Act 2004, which provides a specific rehabilitation and compensation scheme for members of the Australian Defence Force and their families. The Regulations came into effect on 1 July 2004, the same date as the commencement of the relevant provisions of the Military Rehabilitation and Compensation Act 2004. By amending the definition of "Veterans' patient" to include those entitled to treatment under the Compensation Act, the Regulations also facilitate the disclosure of certain information by the HIC to relevant officers within the Department of Veterans' Affairs. The scope of these Regulations is limited to the functions and information sharing specified, without any stated exclusions or thresholds.

Key Provisions

The Health Insurance Amendment Regulations 2004 (No. 5) and the Health Insurance Commission Amendment Regulations 2004 (No. 1) primarily aim to enable the Health Insurance Commission (HIC) to process and pay claims under the Military Rehabilitation and Compensation Act 2004. These Regulations were issued under the authority of the Minister for Health and Ageing, and they amend existing legislation to facilitate the new functions of the HIC. Specifically, the Health Insurance Amendment Regulations 2004 (No. 5) amend the definition of "Veterans' patient" in the Health Insurance Regulations 1975 to include individuals entitled to treatment under Part 2 of Chapter 6 of the Military Rehabilitation and Compensation Act 2004. This change allows the HIC to disclose certain information related to these patients to officers within the Health Program administered by the Department of Veterans' Affairs. On the other hand, the Health Insurance Commission Amendment Regulations 2004 (No. 1) introduce new provisions that empower the HIC to process claims for compensation under the Military Rehabilitation and Compensation Act and to make payments in respect of those claims. These Regulations impose certain obligations on the HIC, particularly in relation to the processing and payment of compensation claims for members of the Australian Defence Force and their families. The HIC must ensure that it adheres to the prescribed conditions for processing these claims and making payments. Additionally, the HIC must maintain confidentiality and comply with the specific requirements outlined in the Military Rehabilitation and Compensation Act 2004 and the Health Insurance Act 1973. The Regulations also stipulate that the HIC can only divulge information to prescribed authorities or persons in accordance with the conditions set out in the Health Insurance Regulations 1975. Failure to comply with the provisions of these Regulations may result in legal consequences. While the specific penalties for breach are not detailed in the explanatory statement, breaches of regulations generally may lead to civil or criminal penalties depending on the nature and severity of the breach. For instance, non-compliance with the Act or the Commission Act could result in fines, imprisonment, or both, as prescribed by the relevant legislation. The maximum penalties would depend on the specific offence and the applicable laws, but they could range from fines for minor infractions to significant penalties for more serious breaches. It is essential for the HIC to adhere strictly to the Regulations to avoid any legal repercussions.

Legal classification tags

Area of Law
Health Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Compliance Obligations

Interactions

Authorises

All Versions

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.