Health Legislation Amendment Act 2005

Administered by Department of Health, Disability and Ageing

Legislation au C2005A00155 In force Act

Legislation content

 

 

 

 

 

 

Health Legislation Amendment Act 2005

 

No. 155, 2005

 

 

 

 

 

An Act to amend legislation relating to health, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—Amendments relating to Australian Community Pharmacy Authority

National Health Act 1953

Schedule 2—Amendments relating to dependants

National Health Act 1953

Schedule 3—Amendments relating to health services tables etc.

Health Insurance Act 1973

Schedule 4—Amendments relating to the Medicare Australia CEO

Medical Indemnity Act 2002

 

 

 

Health Legislation Amendment Act 2005

No. 155, 2005

 

 

 

An Act to amend legislation relating to health, and for related purposes

[Assented to 19 December 2005]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Health Legislation Amendment Act 2005.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

19 December 2005

2.  Schedule 1

The day on which this Act receives the Royal Assent.

19 December 2005

3.  Schedule 2, items 1 to 7

The day after this Act receives the Royal Assent.

20 December 2005

4.  Schedule 2, items 8 to 11

The later of:

(a) the start of the day after this Act receives the Royal Assent; and

(b) immediately after the commencement of Schedule 1 to the National Health Amendment (Prostheses) Act 2005.

20 December 2005
(paragraph (a) applies)

5.  Schedule 2, items 12 to 21

The day after this Act receives the Royal Assent.

20 December 2005

6.  Schedule 2, items 22 to 25

The later of:

(a) the start of the day after this Act receives the Royal Assent; and

(b) immediately after the commencement of Schedule 1 to the National Health Amendment (Prostheses) Act 2005.

20 December 2005
(paragraph (a) applies)

7.  Schedule 2, items 26 to 33

The day after this Act receives the Royal Assent.

20 December 2005

8.  Schedule 3

The day on which this Act receives the Royal Assent.

19 December 2005

9.  Schedule 4

1 October 2005.

1 October 2005

Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

 (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3  Schedule(s)

  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


Schedule 1—Amendments relating to Australian Community Pharmacy Authority

 

National Health Act 1953

1  Subsection 90(3C)

Omit “31 December 2005”, substitute “30 June 2006”.

2  Section 99Y

Omit “31 December 2005”, substitute “30 June 2006”.


Schedule 2—Amendments relating to dependants

 

National Health Act 1953

1  Subsection 4(1) (definition of waiting period)

After “in relation to a contributor”, insert “, or a dependant of a contributor,”.

2  Subsection 73AAI(2) (definition of health insurance product)

Omit “members of”, substitute “contributors, and dependants (if any) of contributors, to”.

3  Paragraph 73BD(1)(a)

After “subsection (3))”, insert “or a dependant of an eligible contributor”.

4  Paragraph 73BD(2)(a)

After “health benefits fund”, insert “or to their dependants (if any)”.

5  Paragraph 73BD(2)(d)

After “in respect of whom”, insert “, or in respect of whose dependant,”.

6  Paragraph 73BD(2)(d)

After “the eligible contributor”, insert “or dependant”.

7  Paragraph 73BD(3)(b)

After “contributor, the person”, insert “(or, if the episode of treatment relates to the person’s dependant, the dependant)”.

8  Paragraph 73BDAAA(1)(c)

After “a contributor”, insert “, or a dependant of a contributor,”.

9  Paragraph 73BDAAA(1)(d)

Omit “terms on which the person”, substitute “terms on which the contributor”.

10  Subsection 73BDAAA(4)

After “the contributor”, insert “or dependant”.

Note: The heading to subsection 73BDAAA(4) is altered by inserting “or dependant” after “Contributor”.

11  Subsection 73BDAAA(5)

After “the contributor”, insert “or dependant”.

Note: The heading to subsection 73BDAAA(5) is altered by inserting “or dependant’s” after “contributor’s”.

12  Paragraph 73BDAA(1)(c)

After “in respect of whom”, insert “, or in respect of whose dependant,”.

13  Paragraph 73BDAA(1)(c)

After “the eligible contributor”, insert “or dependant”.

14  Paragraph 73BDAA(2)(a)

After “subsection (4))”, insert “or dependant of an eligible contributor”.

15  Paragraph 73BDAA(4)(b)

After “contributor, the person”, insert “(or, if the professional service is rendered to the person’s dependant, the dependant)”.

16  At the end of paragraph 73BDA(1)(a)

After “subsection (4))”, insert “or dependant of an eligible contributor”.

17  Paragraph 73BDA(2)(b)

After “subsection (4))”, insert “or dependant of an eligible contributor”.

18  Paragraph 73BDA(2)(c)

After “in respect of whom”, insert “, or in respect of whose dependant,”.

19  Paragraph 73BDA(2)(c)

After “amounts that the eligible contributor”, insert “or dependant”.

20  Paragraph 73BDA(4)(b)

After “contributor, the person”, insert “(or, if the professional service is rendered to the person’s dependant, the dependant)”.

21  Subparagraph 73BDB(d)(i)

Omit “eligible contributors”, substitute “insured persons”.

22  Subparagraph (1)(bl)(iv) of Schedule 1

After “a contributor”, insert “, or a dependant of a contributor,”.

23  Subparagraph (1)(bl)(v) of Schedule 1

Omit “terms on which the person”, substitute “terms on which the contributor”.

24  Subparagraph (1)(bm)(ii) of Schedule 1 (table item 1)

After “the contributor’s”, insert “or dependant’s”.

25  Subparagraph (1)(bm)(ii) of Schedule 1 (table item 4)

After “the contributor’s”, insert “or dependant’s”.

26  Subparagraph (1)(hb)(i) of Schedule 1

After “the contributor”, insert “or dependant of the contributor”.

27  Subparagraph (1)(hb)(ii) of Schedule 1

After “the contributor”, insert “or dependant of the contributor”.

28  Subparagraph (1)(hb)(iii) of Schedule 1

After “the contributor”, insert “or dependant of the contributor”.

29  Paragraph (1)(hba) of Schedule 1

After “a contributor”, insert “, or a dependant of a contributor,”.

30  Paragraph (1)(hba) of Schedule 1

After “inform the contributor”, insert “or dependant”.

31  Paragraph (1)(hba) of Schedule 1

After “amounts that the contributor”, insert “or dependant”.

32  Paragraph (1)(l) of Schedule 1

After “waiting period for contributors”, insert “, or dependants of contributors,”.

33  Paragraph (1)(l) of Schedule 1

After “those contributors”, insert “and dependants”.


Schedule 3—Amendments relating to health services tables etc.

 

Health Insurance Act 1973

1  At the end of subsection 4(1)

Add:

Note: See also section 4BAA (conditional specification of services in table items).

2  At the end of subsection 4AA(1)

Add:

Note: See also section 4BAA (conditional specification of services in table items).

3  At the end of subsection 4A(1)

Add:

Note: See also section 4BAA (conditional specification of services in table items).

4  After section 4B

Insert:

4BAA  Conditional specification of services in table items

 (1) The specification of a service in an item in a table prescribed under section 4, 4AA or 4A may be:

 (a) unconditional; or

 (b) subject to such conditions, limitations or restrictions as are specified in:

 (i) the item; or

 (ii) the rules for interpretation of the table.

 (2) If there is such a condition, limitation or restriction, a service will be regarded as a service specified in the item, or as a service to which the item relates, only if the service falls within the condition, limitation or restriction.

 (3) This section applies to a table prescribed before or after the commencement of this section.

 (4) This section is enacted for the avoidance of doubt.


Schedule 4—Amendments relating to the Medicare Australia CEO

 

Medical Indemnity Act 2002

1  Subsection 59A(2) (table item 10)

Omit “HIC”, substitute “Medicare Australia CEO”.

2  Subsection 59E(2)

Omit “HIC”, substitute “Medicare Australia CEO”.

3  Subsection 59E(3)

Omit “HIC” (wherever occurring), substitute “Medicare Australia CEO”.

Note: The heading to subsection 59E(3) is altered by omitting “HIC’s” and substituting “Medicare Australia CEO’s”.

4  Paragraph 59E(5)(b)

Omit “HIC”, substitute “Medicare Australia CEO”.

5  Subsection 59E(6)

Omit “HIC” (wherever occurring), substitute “Medicare Australia CEO”.

 

 

 [Minister’s second reading speech made in—

House of Representatives on 14 September 2005

Senate on 8 November 2005]

(157/05)

 

Overview

The Health Legislation Amendment Act 2005 (No. 155) was enacted by the Parliament of Australia on 19 December 2005 to address various issues and gaps in existing health legislation. This comprehensive Act makes amendments to several health-related Acts, including the National Health Act 1953, the Health Insurance Act 1973, and the Medical Indemnity Act 2002, to enhance the regulation and delivery of health services in Australia. The primary objective of this Act is to ensure that health legislation remains up-to-date and responsive to the evolving needs of the Australian healthcare system, thereby improving the quality and accessibility of health services for all Australians. The Act introduces a series of amendments to existing legislation, such as extending the tenure of the Australian Community Pharmacy Authority, broadening the definition of waiting periods to include dependants, and updating references to the Health Insurance Commission to reflect its transition to Medicare Australia. By amending these Acts, the Health Legislation Amendment Act 2005 aims to streamline the administration of health services, clarify the roles and responsibilities of various stakeholders, and provide greater flexibility in the specification of services within health insurance tables. This legislative update is crucial in maintaining the integrity and effectiveness of Australia's health system.

Scope and Application

The Health Legislation Amendment Act 2005 No. 155 amends various health-related legislations in Australia, including the National Health Act 1953, the Health Insurance Act 1973, and the Medical Indemnity Act 2002. This Act applies to individuals, entities, and industries involved in health services and health insurance, particularly those interacting with the Australian Community Pharmacy Authority and the Medicare Australia Chief Executive Officer. The Act extends its jurisdiction nationally, impacting all states and territories within Australia. Specific provisions of the Act, such as those concerning amendments to the Australian Community Pharmacy Authority, commenced on the day the Act received Royal Assent, which was 19 December 2005. Other provisions, particularly those relating to dependants and health services, commenced on 20 December 2005. The Act includes amendments that introduce or extend the application of certain provisions, while also omitting or substituting terms to reflect changes in the health sector. The Act does not explicitly outline exclusions or thresholds, but its application is detailed through specific amendments to the cited Acts. The Act may also be extended or restricted through subordinate instruments as necessary to implement its provisions effectively.

Key Provisions

The Health Legislation Amendment Act 2005 (No. 155) amends various pieces of health-related legislation to update and refine existing provisions. The Act, which received Royal Assent on 19 December 2005, contains several schedules with amendments to the National Health Act 1953, Health Insurance Act 1973, and Medical Indemnity Act 2002. The commencement dates for the provisions are set out in the Act, with most provisions coming into effect on 20 December 2005. The main sections of the Act require amendments to the National Health Act 1953 to extend the date by which the Australian Community Pharmacy Authority must report to the Minister (sections 90(3C) and 99). Amendments are also made to the definition of waiting periods and the scope of health insurance products to include dependants of contributors (subsections 4(1) and 73AA(2)). Furthermore, the Act includes provisions to allow for conditional specification of services in tables prescribed under the Health Insurance Act 1973 (section 4BAA). Lastly, the Act amends the Medical Indemnity Act 2002 to replace references to the Health Insurance Commission with Medicare Australia CEO. The Act imposes obligations on various parties and entities governed by the amended legislation. For instance, the Australian Community Pharmacy Authority must now report to the Minister by 30 June 2006 instead of 31 December 2005. Health insurance products and services must now also include coverage for dependants of contributors as per the amendments to the National Health Act 1953. Additionally, the Medical Indemnity Act 2002 requires updated references to the Medicare Australia CEO instead of the Health Insurance Commission. The Act does not explicitly outline offences or penalties for non-compliance with its provisions. However, breaches of the amended provisions in the National Health Act 1953, Health Insurance Act 1973, and Medical Indemnity Act 2002 may result in civil or criminal consequences as per the respective Acts. For example, failure to comply with health insurance requirements could result in fines or other penalties under the Health Insurance Act 1973, while non-compliance with medical indemnity provisions might lead to enforcement actions under the Medical Indemnity Act 2002. The specific penalties would depend on the nature and severity of the breach, as defined in the relevant Acts.

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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.