Health Insurance (Application For Acceptance Of Approved Pathology Authority Undertaking) Determination 2002 (HS/14/2002)

Administered by Department of Health, Disability and Ageing

Legislation au F2008B00399 Not in force Legislative Instrument

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Health Insurance (Application For Acceptance Of Approved Pathology Authority Undertaking) Determination 2002

HS/14/2002

                                                            

 

I, KAY CHRISTINE LESLEY PATTERSON, Minister for Health and Ageing, determine the particulars contained in the attached form, and approve that form, for the purposes of subsection 23DF(2) of the Health Insurance Act 1973.

This Determination commences on 1 January 2003 and revokes all previous determinations made under subsection 23DF(2) of the Health Insurance Act 1973.

Dated 13th November 2002

         Kay Patterson

Minister for Health and Ageing
 

                                                                       

 


Health Insurance Commission

Application for Acceptance as an Approved Pathology Authority

Section 23DF Health Insurance Act 1973

­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­ Applicant Details and Indication of Applicant Type (eg Body Corporate, Partnership)

­­APA Number – for renewal applications

Please tick a box and fill in corresponding  section

 Body Corporate

Company Name

Registered Address

 

 

 

ABN Number

 

 State Government, Territory Government or a public authority

Body Name

Registered Address

 

 

 

ABN

 

 Partnership

Partnership Name

Registered Address

 

 

 

ABN

 

 Natural Person

Persons Name

Street Address

 

 

 

ABN

Trading Name (If any - must be owned by the applicant)

 

  

Registered Name

 

 

  Registration expires

 

 

Contact Details for Applicant

 

Contact Person

 

Details as above

 

 

Address for Correspondence

 

Details as above

 

 

 

 

Contact Telephone Number             Mobile

            (area code)

Fax Number

 

 

Email Address

 

by entering email address, you acknowledge that all notices may be given to you by email)

 

Please proceed to the question indicated for your Applicant Type:

Body Corporate       Go to question 1

Partnership        Go to question 2

State Government, Territory Government or public authority Go to question 3

Natural Person        Go to question 3


1. Body Corporate

NOTE: The form for this question can be copied and the extra page/s attached to the application where the space is insufficient (eg. a partnership of a number of companies).

(a) List Directors – if a sole director company, please indicate

1

6

2

7

3

8

4

9

5

10

 

(b) Names and positions held by Principal Office Bearers of the Applicant (eg.Manager, Executive Director).

 Name

Title of Office held

1

 

2

 

3

 

4

 

5

 

 

(c) Names of Principal Shareholders (top 10) in order of shareholding.

Principal Shareholders at date of application

Approx % of Shareholding at date of application

1

%

2

%

3

%

4

%

5

%

6

%

7

%

8

%

9

%

10

%

Go to Question 3


2.      Partnership

Please detail each partner.

Natural Persons/Body Corporate Partners

Percentage Share of Partnership

ABN if applicable

 

%

 

 

%

 

 

%

 

 

%

 

 

%

 

 

%

 

 

%

 

 

%

 

 

%

 

 

%

 

Go to Question 3

3.      Is the applicant or, to the applicant’s knowledge (having made reasonable enquiry), any person with whom the applicant has or proposes to have a financial, employee/employer or business relationship, a person:

a)                   to whom notice has been given under subsection 23DL(1) or                   Yes                      No

23DM(1) of the Act or in relation to whom notice has been given

to a Chairperson of a Medicare Participation Review Committee

under subsections 23DL(4), 23DM(4) or 124D(2) of the Act?

 

b)                   to whom notice has been given under subsection 124FA(3) or  Yes  No

124FE(3) of the Act?

         

c)                   in relation to whom a Medicare Participation Review Committee

has made a determination under section 124F, 124FB, 124FC  Yes  No

or 124FF of the Act?

         

d)                   to whom notice has been given under subsection 102(1) of   Yes  No

the Act?

 

e)                   to whom a final determination under section 106T of the Act  Yes  No

has been made?

 

f) who has been convicted of a relevant offence as defined in  Yes  No

 s23DA of the Act?

If you have answered ‘Yes’ to question 3 (a,b,c,d, e, or f), please provide details.

Details should consist of Name, Company Name and Provider Number if applicable.

 

 

 

 

*Note: ‘reasonable enquiry’:- You will be required to provide some information about another person when making your application. Reasonable Inquiry means that, unless you are certain of the situation, you will be expected to ask the person involved to ensure that your answer is as accurate as can reasonably be expected. You will not be expected to make exhaustive investigations. If you are unsure about a certain response you should seek clarification from the Health Insurance Commission.

 

4.                   Additional information

Please attach any additional information if required.

 

Overview

The Health Insurance (Application for Acceptance of Approved Pathology Authority Undertaking) Determination 2002HS/14/2002 was enacted in 2002 to address the need for a formal application process for entities seeking to become Approved Pathology Authorities under the Health Insurance Act 1973. This legislation was introduced by the Minister for Health and Ageing, Kay Christine Lesley Patterson, and is aimed at ensuring that only entities meeting specific criteria can provide pathology services under the approved pathology scheme. The policy objective behind this determination is to maintain the integrity and efficiency of the Medicare system by regulating the entities that can participate in the approved pathology scheme, thereby ensuring that the services provided are of high quality and that the scheme operates within the intended parameters. The Determination establishes a standardised form that applicants must complete and submit to the Health Insurance Commission for approval. It revokes all previous determinations made under the same provision of the Health Insurance Act 1973, ensuring that the most recent criteria and processes are applied uniformly. The form requires detailed information about the applicant, including their type (e.g., body corporate, partnership, natural person), and specific details about their structure and operations, depending on their classification. Additionally, it mandates that applicants disclose any connections to individuals or entities with past issues under the Act, ensuring that the approved pathology authorities maintain high standards of conduct and compliance.

Scope and Application

The Health Insurance (Application for Acceptance of Approved Pathology Authority Undertaking) Determination 2002HS/14/2002 applies to any entity or individual seeking to be recognised as an Approved Pathology Authority under the Health Insurance Act 1973. This encompasses various forms of applicants, including body corporates, partnerships, state or territory governments, public authorities, and natural persons. The Determination provides a specific form for each type of applicant, requiring detailed information about the entity or individual applying, including names, addresses, and ownership details where applicable. It mandates that applicants disclose any connections to individuals or entities that have been subject to certain notices or determinations under the Health Insurance Act, such as those involving disciplinary actions or criminal convictions. The Determination revokes all previous determinations made under subsection 23DF(2) of the Act, thereby ensuring that the most current standards and requirements are followed. It operates nationally as a legislative instrument in Australia, providing a standardised approach to approving pathology authorities for health insurance purposes. The Determination's scope is limited to the application process and does not cover the broader operational standards or compliance requirements that may be governed by other sections of the Health Insurance Act or subordinate legislation.

Key Provisions

The Health Insurance (Application For Acceptance Of Approved Pathology Authority Undertaking) Determination 2002HS/14/2002 (the Determination) establishes the form for applications under section 23DF(2) of the Health Insurance Act 1973 (the Act). This Determination, commencing on 1 January 2003, supersedes all prior determinations under section 23DF(2). The form attached to the Determination outlines various sections and corresponding questions tailored to different types of applicants such as body corporates, partnerships, state or territory governments, public authorities, and natural persons. For instance, body corporate applicants must list directors, principal office bearers, and principal shareholders, while partnerships require detailed information about each partner's percentage share and ABN. The Determination imposes specific obligations on applicants seeking to become approved pathology authorities (APAs). These obligations include providing detailed information about the applicant's directors, principal office bearers, and principal shareholders for body corporates. Partnerships must detail each partner's percentage share and ABN, if applicable. State or territory governments and public authorities, as well as natural persons, must also provide comprehensive information about any relationships or past actions that might affect their application. Additionally, applicants must confirm whether they, or anyone associated with them, have received notices or determinations under specified subsections of the Act, and if so, provide detailed information about these notices or determinations. Breaches of the obligations set out in the Determination may lead to various consequences. While the Determination itself does not explicitly state penalties, violations of the Health Insurance Act 1973 can result in civil or criminal penalties. For example, under section 23DF of the Act, failure to comply with the requirements for becoming an APA could lead to refusal of application or revocation of an existing APA status. Further, any misleading or false information provided in the application may lead to prosecution under the Act, which can result in substantial fines. The exact penalties for such breaches are determined by the courts based on the severity and impact of the breach.

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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.