Repatriation (Pharmaceutical Benefits) Amendment Act 1981

Administered by Department of Veterans' Affairs

Legislation au C2004A02419 Not in force Act

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Repatriation (Pharmaceutical Benefits) Amendment Act 1981

No. 41 of 1981

 

An Act to amend the Repatriation Act 1920 in relation to pharmaceutical benefits, and for other purposes

[Assented to 12 May 1981]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the Repatriation (Pharmaceutical Benefits) Amendment Act 1981.

(2) The Repatriation Act 19201 is in this Act referred to as the Principal Act.

Commencement

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Review by Commission of decision the subject of application for review by Tribunal

3. Section 107vl of the Principal Act is amended—


(a) by omitting sub-sections (2) and (3) and inserting the following sub-sections:

“(2) Where—

(a) an application for a review of a decision of the Commission or a Board has been made to the Tribunal; and

(b) the President is satisfied—

(i) that there will be put before the Tribunal in the proceeding on the review, evidence that was not before the Commission or the Board; and

(ii) that that further evidence would have been relevant to the making of a decision in the proceeding before the Commission or the Board,

the President may direct that the hearing be postponed and request the Commission to review that decision having regard to that further evidence.

“(3) Where—

(a) an application for a review of a decision of the Commission or a Board has been made to the Tribunal; and

(b) in the proceeding on the review there is before the Tribunal further evidence that was not before the Commission or the Board and the Tribunal is satisfied that that further evidence would have been relevant to the making of a decision in the proceeding before the Commission or the Board,

the Tribunal may adjourn the hearing and request the Commission to review that decision having regard to that further evidence.

“(3a) Where—

(a) the President requests the Commission under sub-section (2) to review a decision; or

(b) the Tribunal requests the Commission under sub-section (3) to review a decision,

the Tribunal may, if the decision is a decision with respect to a pension assessment, vary that assessment pending the completion of the review of the decision by the Commission, having regard to the records and evidence on which the Commission or a Board reached that decision.

“(3b) Where the Commission makes a decision on a review of a decision referred to in sub-sections (1), (2) or (3), it shall furnish to the Tribunal a written statement of the decision and shall include in the statement—

(a) the findings on material questions relating to the evidence or other material on which they were based; and

(b) the reasons for the decision of the Commission.”; and

(b) by omitting from sub-sections (4) and (7) “sub-section (1) or (2)” (wherever occurring) and substituting “sub-section (1), (2) or (3)”.


4. (1) After section 108 of the Principal Act the following section is inserted:

Pharmaceutical Benefits Scheme

“109. (1) The Minister may approve a scheme for the provision of pharmaceutical benefits to—

(a) persons entitled to receive medical treatment under this Act; and

(b) persons entitled to receive medical treatment under—

(i) the Interim Forces Benefits Act 1947;

(ii) the Repatriation (Far East Strategic Reserve) Act 1956;

(iii) the Repatriation (Special Overseas Service) Act 1962; or

(iv) the Seamen’s War Pensions and Allowances Act 1940.

“(2) Where the Pharmaceutical Benefits Remuneration Tribunal established under the National Health Act 1953 is holding, or proposes to hold, an inquiry under that Act to ascertain whether the Commonwealth price of all or any pharmaceutical benefits under that Act should be varied, the Minister may request that Tribunal to extend its inquiry to include the question whether the prices payable to pharmaceutical chemists in respect of the supply by them, in accordance with a scheme approved under sub-section (1), of pharmaceutical benefits of the kinds specified by the Minister in his request should be varied and, where such a request is made, the Tribunal shall comply with the request.

“(3) After the completion of an inquiry referred to in sub-section (2), the Pharmaceutical Benefits Remuneration Tribunal shall submit to the Minister—

(a) the recommendations of the Tribunal on the question the subject of the request made by the Minister under sub-section (2); and

(b) where the Tribunal has submitted to the Minister administering the National Health Act 1953 a report in connection with that inquiry—a copy of that report.

“(4) In this section, ‘pharmaceutical benefits’ means drugs or medicinal preparations, and includes other pharmaceutical items (including dressings).”.

(2) In giving his first approval under sub-section 109 (1) of the Repatriation Act 1920, the Minister may specify in the approval that the approval is to have effect, and to be deemed to have had effect, on and after a date before the commencement of this Act (not being a date earlier than 1 May 1980) that is specified in the approval.

(3) Where an approval is to be deemed to have had effect on and after a date earlier than the date of commencement of this Act, the first request made by the Minister under sub-section 109 (2) of the Repatriation Act 1920 may include a request that the Pharmaceutical Benefits Remuneration Tribunal extend its inquiry to relate to pharmaceutical benefits supplied since the date on and after which the approval is to be deemed to have had effect.


NOTE

1 No. 6, 1920, as amended. For previous amendments, see No. 34, 1921; No. 23, 1922; No. 14, 1929; No. 74, 1930; Nos. 10 and 47, 1931; No. 32, 1934; No. 58, 1935; Nos. 29 and 67, 1936; Nos. 12, 24 and 42, 1937; No. 55, 1938; Nos 37 and 96, 1940; No. 49, 1941; No. 22, 1943; No. 11, 1945; No. 49, 1946; Nos. 1, 29 and 74, 1947; No. 39, 1948; No. 38, 1949; Nos. 34 and 80, 1950; No. 31, 1951; No. 58, 1952, No. 69, 1953; No. 31, 1954; No. 39, 1955; Nos. 68 and 97, 1956; No. 44, 1957; No. 47, 1958; No. 58, 1959; No. 44, 1960; No. 46, 1961; Nos. 75 and 91, 1962; No. 47, 1963; Nos. 62 and 105, 1964; No. 64, 1965; No. 42, 1966; No. 64, 1967; Nos. 66 and 120, 1968; No. 95, 1969; Nos. 4 and 60, 1970; Nos. 17 and 68, 1971; Nos. 15, 82 and 139, 1972; Nos. 2, 27 and 104, 1973; No. 216, 1973 (as amended by No. 20, 1974); Nos. 3, 24 and 90, 1974; Nos. 35, 55 and 111, 1975; Nos. 27, 91 and 112, 1976; No. 56, 1977; Nos. 129 and 170, 1978; Nos. 18 and 124, 1979 and No. 129, 1980.

Overview

The Repatriation (Pharmaceutical Benefits) Amendment Act 1981 was enacted to address the gap in providing pharmaceutical benefits to eligible individuals under the Repatriation Act 1920. This legislation was introduced by the Parliament of Australia and received Royal Assent on 12 May 1981. The Act aimed to enhance the pharmaceutical benefits available to eligible individuals, including those entitled to medical treatment under the Repatriation Act 1920 and other specified acts such as the Interim Forces Benefits Act 1947 and the Seamen’s War Pensions and Allowances Act 1940. By amending the Repatriation Act 1920, the Act facilitated the approval of a scheme for the provision of pharmaceutical benefits and allowed for the inclusion of these benefits in any inquiry held by the Pharmaceutical Benefits Remuneration Tribunal under the National Health Act 1953. This legislative change aimed to streamline the process for reviewing and adjusting pharmaceutical prices to ensure that eligible individuals received necessary pharmaceutical support effectively.

Scope and Application

The Repatriation (Pharmaceutical Benefits) Amendment Act 1981 amends the Repatriation Act 1920 to incorporate provisions regarding pharmaceutical benefits for individuals entitled to receive medical treatment under the Repatriation Act and other specified acts. The Act applies to the Minister, who has the authority to approve a scheme for the provision of pharmaceutical benefits to eligible persons, including veterans and their dependents. The scope of the Act is national, extending to all Commonwealth territories. The Act allows the Minister to request the Pharmaceutical Benefits Remuneration Tribunal to extend its inquiry to include variations in the prices payable to pharmaceutical chemists for supplying benefits under the approved scheme. The Act also provides mechanisms for the review of decisions related to pharmaceutical benefits, including the ability to vary pension assessments pending a review. The Act includes definitions and provisions for retrospective effect, allowing approvals and inquiries to cover periods before the Act's commencement, provided they are not earlier than 1 May 1980.

Key Provisions

The Repatriation (Pharmaceutical Benefits) Amendment Act 1981 (C2004A02419) makes significant changes to the Repatriation Act 1920, primarily focusing on the provision of pharmaceutical benefits to eligible individuals. Section 3 of the Act amends section 107vl of the Repatriation Act 1920, introducing new provisions for the review of decisions made by the Commission or a Board. Under these new provisions, the President or the Tribunal may direct the Commission to review a decision if new evidence is presented that would have been relevant to the original decision-making process (subsections 3(2) and 3(3)). If the decision pertains to a pension assessment, the Tribunal may vary that assessment pending the Commission’s review (subsection 3(3a)). Once the Commission reviews the decision, it must furnish the Tribunal with a written statement detailing its findings and reasons (subsection 3(3b)). Additionally, section 4 of the Act inserts a new section 109 into the Repatriation Act 1920, empowering the Minister to approve a scheme for the provision of pharmaceutical benefits to certain groups, including those entitled to medical treatment under various Acts. The Minister can also request the Pharmaceutical Benefits Remuneration Tribunal to consider the variation of prices for pharmaceutical benefits supplied under the approved scheme (subsection 109(2)). The Tribunal is obliged to comply with such a request and submit its recommendations to the Minister (subsection 109(3)). The Repatriation (Pharmaceutical Benefits) Amendment Act 1981 imposes several obligations on the parties involved. The President and the Tribunal are required to consider new evidence when reviewing decisions made by the Commission or a Board, and may direct the Commission to review such decisions if the evidence would have been relevant (subsections 3(2) and 3(3)). The Commission must then provide a detailed written statement of its decision to the Tribunal (subsection 3(3b)). The Minister, upon approving a pharmaceutical benefits scheme, can specify a commencement date for the approval, which can be backdated to a date not earlier than 1 May 1980 (subsection 109(1)). The Minister also has the authority to request the Pharmaceutical Benefits Remuneration Tribunal to extend its inquiry to include the variation of prices for pharmaceutical benefits supplied under the approved scheme (subsection 109(2)). The Tribunal must comply with such a request and submit its recommendations and any related reports to the Minister (subsection 109(3)). The Act does not explicitly state any offences, penalties, or consequences for breach of its provisions. However, non-compliance with the obligations and requirements imposed by the Act could potentially lead to legal consequences under other relevant legislation. For instance, if the Commission fails to provide a written statement of its decision to the Tribunal as required, it could be subject to judicial review or other legal actions for non-compliance. Similarly, if the Minister or the Tribunal does not adhere to the processes outlined in the Act, they could face legal challenges or administrative actions. The specific penalties or consequences would depend on the applicable laws and the nature of the breach.

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