Health Insurance (Pathology) Amendment Act 1991

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Health Insurance (Pathology) Amendment

Act 1991

No. 190 of 1991

An Act to amend certain provisions of the Health Insurance Act 1973 relating to pathology services, and for related purposes

[Assented to 11 December 1991]

The Parliament of Australia enacts:

Short title etc.

1.(1) This Act may be cited as the Health Insurance (Pathology) Amendment Act 1991.

(2) In this Act, "Principal Act" means the Health Insurance Act 19731.

Commencement

2. This Act commences on the day on which it receives the Royal Assent.

Interpretation

3. Section 23DA of the Principal Act is amended by inserting in subsection (1) the following definitions:

" 'acceptance fee' means the fee payable under the Fees Act in respect of the acceptance of an undertaking under section 23DC or section 23DF;

'accreditation fee' means the fee payable under the Fees Act in respect of the approval of premises as an accredited pathology laboratory under section 23DN;

'Fees Act' means the Health Insurance (Pathology) (Fees) Act 1991.

Giving an acceptance of approved pathology practitioner undertaking

4.(1) Section 23DC of the Principal Act is amended:

(a) by omitting from paragraph (1)(b) all words from and including "together with" and substituting "together with an application for the Minister's acceptance of the undertaking";

(b) by omitting subsection (10) and substituting the following subsections:

"(10) If:

(a) the Minister accepts an undertaking given by a person under subsection (1); and

(b) the person pays the acceptance fee in respect of the undertaking;

the Minister must give to the person a notice that:

(i) the day on which the undertaking comes into force; and

(ii) the period determined by the Minister under paragraph (1)(c) as the period for which the undertaking is to have effect; and

(d) includes a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal, by or on behalf of a person whose interests are affected by the decision, for review of the decision of the Minister determining the period for which the undertaking is to have effect.

"(10A) The notice under subsection (10):

(a) may not specify, as the day on which the undertaking comes into force, a day earlier than the day on which the undertaking was accepted; and

(b) if, when the undertaking was accepted by the Minister, an undertaking (in this subsection called the 'previous undertaking') previously given by the person under

subsection (1) was in force—must specify, as the day on which the undertaking comes into force, the day immediately after the day on which the previous undertaking ceases, or ceased, to be in force.

"(10B) If, within 14 days after the Minister has given notice to a person under subsection (9) that the Minister has accepted the undertaking given by the person under subsection (1), the person has not paid the acceptance fee in respect of the undertaking:

(a) the acceptance of the undertaking by the Minister is, by force of this subsection, revoked; and

(b) the revocation is taken to have had effect from the time when the undertaking was accepted.".

(2) The amendments of the Principal Act made by subsection (1) do not apply in relation to an undertaking:

(a) given to the Minister under subsection 23DC(1) of the Principal Act; and

(b) in respect of which a fee has been paid under that subsection; before this Act commenced.

Period of effect of approved pathology practitioner undertaking

5.(1) Section 23DD of the Principal Act is amended:

(a) by omitting paragraph (1)(a) and substituting the following paragraph:

"(a) comes into force on the day specified in the notice given under subsection 23DC(10) in respect of the undertaking; and";

(b) by omitting subsection (2);

(2) The amendments of the Principal Act made by subsection (1) do not apply in relation to an undertaking:

(a) given to the Minister under subsection 23DC(1) of the Principal Act; and

(b) in respect of which a fee has been paid under that subsection; before this Act commenced.

Giving an acceptance of approved pathology authority undertaking

6.(1) Section 23DF of the Principal Act is amended:

(a) by omitting from paragraph (1)(b) all words from and including "together with" and substituting "together with an application for the Minister's acceptance of the undertaking";

(b) by omitting subsection (11) and substituting the following subsections:

"(11) If:

(a) the Minister accepts an undertaking given by a person under subsection (1); and

(b) the person pays the acceptance fee in respect of the undertaking;

the Minister must give to the person a notice that:

(i) the day on which the undertaking comes into force; and

(ii) the period determined by the Minister under paragraph (1)(c) as the period for which the undertaking is to have effect; and

"(11A) The notice under subsection (11):

(a) may not specify, as the day on which the undertaking comes into force, a day earlier than the day on which the undertaking was accepted; and

(b) if, when the undertaking was accepted by the Minister, an undertaking (in this subsection called the 'previous undertaking') previously given by the person under subsection (1) was in force—must specify, as the day on which the undertaking comes into force, the day immediately after the day on which the previous undertaking ceases, or ceased, to be in force.

"(11B) If, within 14 days after the Minister has given notice to a person under subsection (10) that the Minister has accepted the undertaking given by the person under subsection (1), the person has not paid the acceptance fee in respect of the undertaking:

(a) the acceptance of the undertaking by the Minister is, by force of this subsection, revoked; and

(b) the revocation is taken to have had effect from the time when the undertaking was accepted.".

(2) The amendments of the Principal Act made by subsection (1) do not apply in relation to an undertaking:

(a) given to the Minister under subsection 23DF(1) of the Principal Act; and

(b) in respect of which a fee has been paid under that subsection;

before this Act commenced.

Period of effect of approved pathology authority undertaking

7.(1) Section 23DG of the Principal Act is amended:

(a) by omitting paragraph (1)(a) and substituting the following paragraph:

"(a) comes into force on the day specified in the notice given under subsection 23DF(11) in respect of the undertaking; and";

(b) by omitting subsection (2);

(2) The amendments of the Principal Act made by subsection (1) do not apply in relation to an undertaking:

(a) given to the Minister under subsection 23DF(1) of the Principal Act; and

(b) in respect of which a fee has been paid under that subsection; before this Act commenced.

Repeal of section

8.(1) Section 23DJ of the Principal Act is repealed.

(2) In spite of subsection (1), section 23DJ of the Principal Act as in force immediately before the commencement of this Act continues to apply to an undertaking:

(a) given under subsection 23DC(1) or 23DF(1) of the Principal Act; and

(b) in respect of which a fee has been paid under the Principal Act as then in force.

Accredited pathology laboratories

9.(1) Section 23DN of the Principal Act is amended:

(a) by omitting subsection (1) and substituting the following subsections:

"(1) Where a person (in this section called the 'applicant') makes an application, in writing in the approved form, to the Minister for the approval of premises as an accredited pathology laboratory, the Minister may, in writing:

(a) approve in principle the premises as an accredited pathology laboratory; or

(b) refuse to approve the premises as an accredited pathology laboratory.

"(2) Where:

(a) the Minister approves in principle premises under subsection (1); and

(b) the applicant pays the accreditation fee in respect of the approval of the premises;

the Minister must:

(d) give a copy of the approval to the applicant.

"(2A) An approval in principle under subsection (1), and an approval under subsection (2), of premises as an accredited pathology laboratory must specify:

(a) the kind of pathology services in respect of which the premises are approved for the purposes of this Act; and

(b) the category of accreditation allocated to the premises; and

(b) by omitting from subsection (3) "subsection (1)" and "subsection (2)" and substituting respectively "this section" and "section 23DNA";

(d) by inserting in subsection (5) "in principle" after "approving".

(2) The amendments of the Principal Act made by subsection (1) do not apply in respect of an application:

(a) made under subsection 23DN(1) of the Principal Act; and

(b) in respect of which a fee has been paid under that subsection; before this Act commenced.

_____________________________________________________________________________________

NOTE

1. No. 42, 1974, as amended. For previous amendments, see No. 58, 1975; Nos. 59, 91, 101, 109 and 157, 1976; No. 75, 1977; Nos. 36, 89 and 133, 1978; Nos. 53 and 123, 1979; No. 132, 1980; Nos. 118 and 176, 1981; Nos. 49, 80 and 112, 1982; Nos. 54 and 139, 1983; Nos. 15, 46, 63, 120, 135 and 165, 1984; Nos. 24, 65, 70, 95 and 167, 1985; Nos. 28, 75 and 94, 1986; Nos. 44, 131, 132 and 141, 1987; Nos. 85, 87, 99 and 155, 1988; Nos. 59, 84, 95 and 164, 1989; Nos. 3, 106 and 141, 1990; and Nos. 6, 57, 68, 70, 73, 84 and 116, 1991.

[Minister's second reading speech made in—

House of Representatives on 7 November 1991

Senate on 13 November 1991]

Overview

The Health Insurance (Pathology) Amendment Act 1991 was enacted by the Parliament of Australia to address gaps and issues within the existing Health Insurance Act 1973, specifically concerning pathology services. The principal aim of this amendment was to update and refine the processes related to the acceptance of pathology practitioner and pathology authority undertakings, as well as the accreditation of pathology laboratories. This Act introduced provisions for fees related to the acceptance of undertakings and the accreditation of laboratories, thereby providing a more structured and regulated framework for these services. The policy objective was to ensure that pathology services provided under the health insurance scheme were of a high standard, and that the administrative processes were clear, efficient, and fair for all parties involved.

Scope and Application

The Health Insurance (Pathology) Amendment Act 1991 applies to the pathology services sector within the health insurance framework governed by the Health Insurance Act 1973. The Act applies to individuals and entities providing pathology services, including approved pathology practitioners and authorities, and encompasses the approval and regulation of pathology laboratories. It operates nationally across Australia, as it amends the Commonwealth-level Principal Act. The Act does not apply to any pathology practitioner undertakings or approvals that were already in effect before the Act came into force, ensuring that existing agreements remain unaffected. The Act extends its application through the use of subordinate instruments, particularly those related to fees, as specified under the Health Insurance (Pathology) (Fees) Act 1991, thereby providing a comprehensive framework for the regulation of pathology services under the health insurance system.

Key Provisions

The Health Insurance (Pathology) Amendment Act 1991 primarily amends the Health Insurance Act 1973, specifically focusing on pathology services. Section 3 of the Act amends Section 23DA of the Principal Act to include definitions for "acceptance fee" and "accreditation fee," both of which are payable under the Health Insurance (Pathology) (Fees) Act 1991. The Act introduces new provisions for the acceptance of undertakings by pathology practitioners and authorities. Under Section 4, an application for the Minister's acceptance of an undertaking must now include a request for acceptance, and the Minister must provide a notice specifying the commencement date and duration of the undertaking if the acceptance and fee payment occur. If the fee is not paid within 14 days, the acceptance is revoked. Similarly, Section 6 introduces similar amendments for approved pathology authority undertakings. The period of effect for these undertakings is now determined by a notice from the Minister, and the same revocation conditions apply if the fee is not paid within 14 days. The Act imposes specific obligations on applicants for accreditation of pathology laboratories, outlined in Section 9. An applicant must submit a written application in the approved form to the Minister. If the Minister approves the premises in principle, the applicant must then pay the accreditation fee for the Minister to issue a final approval. This approval specifies the type of pathology services, the category of accreditation, and the duration of the approval, which must not exceed three years. These amendments do not apply to applications made and fees paid before the Act commenced. Breaches of the requirements set out in the Act can result in serious consequences. If a person fails to pay the acceptance fee within the specified timeframe, the acceptance of their undertaking by the Minister is revoked, rendering the undertaking ineffective. Additionally, any failure to comply with the new procedures for accreditation of pathology laboratories could result in non-approval or revocation of an existing approval, thereby impacting the ability of the laboratory to operate under the Act. Although the Act does not explicitly state penalties for these breaches, they could potentially lead to legal actions under related legislation, including fines or other civil or administrative penalties.

Area of Law: Health Law
Instrument: Act
Concepts: Definitions & Interpretation; Repeal & Amendment; Licensing & Registration; Reporting & Disclosure Obligations; Compliance Obligations

Interactions

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.

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