HEALTH INSURANCE ACT 1973 - SECT 106SA Authority to invite submissions before making a draft determination

HEALTH INSURANCE ACT 1973 - SECT 106SA

Invitation to make submissions

  (1)   The Determining Authority must give the person under review a written invitation to make written submissions to the Authority, having regard to the Committee's final report and any information given by the Director under section   106S, about the directions the Authority should make in the draft determination relating to the person.

Note:   Section   106U sets out the directions the Authority can make.

  (2)   An invitation under subsection   (1) must state that the person under review may make submissions within 1 month after the day on which the invitation is given to the person.

Note:   The period for making submissions may be extended under subsection   (5) and may be affected by section   106TB.

Invitation to be given after Committee's final report is given to Authority

  (3)   The Determining Authority must give an invitation under subsection   (1) within 1 month after being given the Committee's final report.

Note:   The period for giving the invitation may be affected by section   106TB.

Further invitation to be given in certain circumstances

  (4)   If the Director gives the Determining Authority information under section   106S after the Authority has given the person under review an invitation under subsection   (1), the Authority must, within 14 days after being given the information, give the person a further invitation under subsection   (1). Subsection   (3) does not apply to the further invitation.

Note:   The period for giving the further invitation may be affected by section   106TB.

Period for making submissions may be extended

  (5)   The Determining Authority may extend a period within which the person under review may make submissions if:

  (a)   the person applies, in writing, for the period to be extended; and

  (b)   the application is made before the end of the period; and

  (c)   the Authority considers that it is reasonable to extend the period.