EXPLANATORY STATEMENT
1989 No. 96
SUBJECT - HEALTH INSURANCE COMMISSION ACT 1973
HEALTH INSURANCE COMMISSION REGULATIONS (AMENDMENT)
ISSUED ON THE AUTHORITY OF THE MINISTER FOR COMMUNITY SERVICES AND HEALTH
Section 44 of the Health Insurance Commission Act 1973 (the Act) provides 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.
Subsection 8E(1) of the Act provides that the Health Insurance Commission (the Commission) shall perform such functions in relation to health insurance as are prescribed and such functions in relation to other matters relating to health as are prescribed.
Regulation 4 of the Health Insurance Commission Regulations previously prescribed, for the purposes of subsection 8E(1), as a function of the Commission, the processing and payment, on behalf of the Repatriation Commission, of claims for payment submitted to the Repatriation Commission in respect of the provision of medical treatment to persons under ‘Part IV of the Repatriation Regulations’. The Regulation defined ‘Repatriation Commission’ as ‘the Commission established under section 7 of the Repatriation Act 1920’.
The Veterans’ Entitlements Act 1986 (the VE Act), however, repealed, with effect from 20 May 1986, the Repatriation Act 1920. The medical treatment referred to above - previously provided under Part IV of the Repatriation Act 1920 - is now provided under Part V of the VE Act. The Repatriation Commission - formerly in existence by virtue of section 7 of the Repatriation Act 1920 - now continues in existence by virtue of section 179 of the VE Act.
Despite these changes made by the VE Act, Regulation 4 of the Health Insurance Commission Regulations was never amended to reflect them. The Regulation has, therefore, now been amended to put beyond doubt the validity of payments made under it by the Commission since 22 May 1986. This has been done by prescribing, for the purposes of subsection 8E(1) of the Act, this task as a function of the Commission with retrospective effect from 22 May 1986. The amendment will not prejudicially affect the rights of any person nor will it impose any liability on any person. It simply puts beyond doubt the validity of the past payments and provides for the continued performance of this function by the Commission in the future.
The Commission has also, since 24 April 1985, processed, on behalf of the Repatriation Commission, claims in respect of the provision of medical treatment to eligible recipients under Division 2 of Part IV of the Seamen’s War Pensions & Allowances Regulations. Such a function, however, had never been prescribed under subsection 8E(1) of the Act. The amending Regulations have, therefore, amended Regulation 4 to put beyond doubt the validity of these payments as well. They have done this by prescribing, for the purposes of subsection 8E(1) of the Act, this task as a function of the Commission with retrospective effect from 24 April 1985. Again, the retrospective nature of the proposed amendment will not prejudicially affect any person’s rights or impose any liability on any person.