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HEALTH INSURANCE ACT 1973 - SECT 106ZR Disclosure of Committee deliberations etc.

HEALTH INSURANCE ACT 1973 - SECT 106ZR

Disclosure of Committee deliberations etc.

  (1)   A person must not disclose to another person:

  (a)   any of the deliberations or findings of a Committee; or

  (b)   any information or evidence given to the Committee in the course of its deliberations;

unless the disclosure is required or permitted under this Act or the Dental Benefits Act 2008 or is necessary in connection with the performance of the first - mentioned person's functions or duties under this Act or the Dental Benefits Act 2008 .

Penalty:   Imprisonment for 12 months.

  (3)   This section does not prevent a person from making a disclosure:

  (a)   to a lawyer for the purpose of obtaining legal advice or representation relating to a matter involving the deliberations or findings of the Committee; or

  (b)   if the person is a lawyer--for the purpose of complying with a legal duty of disclosure arising from his or her professional relationship with a client.

  (4)   In this section:

"lawyer" means a barrister or solicitor.

  This Part   creates civil penalty provisions and offences involving benefits and threats related to requests for pathology and diagnostic imaging services.

  The civil penalty provisions and offences apply to benefits and threats involving the following persons:

  (a)   persons who are entitled to request pathology or diagnostic imaging services ( requesters ) (see subsections   23DZZIE(1) and (2));

  (b)   persons who provide pathology or diagnostic imaging services ( providers ) (see subsections   23DZZIE(3) and (4));

  (c)   in the case of the civil penalty provisions--persons who are connected to requesters or providers (see section   23DZZIJ);

  (d)   in the case of the offences--any persons, if the benefits or threats are intended to induce requesters to request pathology or diagnostic imaging services from providers.

  An executive officer of a body corporate might commit an offence, or contravene a civil penalty provision, under this Part   if the body corporate commits an offence, or contravenes a civil penalty provision, under this Part.

Civil penalty provisions

  A requester must not ask for or accept a pathology or diagnostic imaging service - related benefit (other than a permitted benefit) from a provider or a person connected to a provider.

  A provider must not offer or provide such a benefit to a requester or a person connected to a requester.

  A provider must not make a pathology or diagnostic imaging service - related threat to a requester or a person connected to a requester.

  If a requester or provider knows that a person connected to him or her has asked for, accepted, offered or provided such a benefit or made such a threat, the requester or provider can avoid contravening a civil penalty provision by reporting the person.

Persons who are connected to a requester or a provider

  A person is connected to a requester or provider if the person has one of the personal or business relationships, set out in section   23DZZIJ, with the requester or provider.

Benefits

  A benefit is prohibited if it is not a permitted benefit (see sections   23DZZIF and 23DZZIG).

Executive officers

  An executive officer of a body corporate might contravene a civil penalty provision under this Part   if the body corporate contravenes a civil penalty provision under this Part.

  This Division applies to benefits (other than permitted benefits) and threats that are intended (whether by a provider or a requester) to induce the requester to request pathology or diagnostic imaging services from the provider.

  The requester must not ask for or accept such a benefit.

  A person must not offer or provide such a benefit.

  A person must not make such a threat.

  If a requester or provider knows that a person has asked for, accepted, offered or provided such a benefit or made such a threat, the requester or provider can avoid committing an offence by reporting the person.

  An executive officer of a body corporate might commit an offence if the body corporate commits an offence against this Division.

The National Rural Health Commissioner's functions are:

  (a)   to provide advice to the Rural Health Minister about matters relating to health in rural, regional and remote areas; and

  (b)   to undertake specified projects about those matters; and

  (c)   to inquire into and report on specified aspects of those matters; and

  (d)   to support the implementation of Commonwealth strategies, priorities and measures about those matters; and

  (e)   to undertake research, and to collect, analyse, interpret and share information, about approaches to those matters; and

  (f)   to consult with a broad range of rural, regional and remote stakeholders about those matters; and

  (g)   to build and maintain effective working relationships with those stakeholders; and

  (h)   to perform functions conferred on the Commissioner by a Commonwealth law about those matters.

The Commissioner must perform those functions in an independent and impartial manner.

The Rural Health Minister must cause an independent review of the operation of this Part to be conducted within 6 months of the fifth anniversary of the commencement of this Part.

 

Commonwealth Coat of Arms of Australia

Health Insurance Act 1973

No.   42, 1974

Compilation No. 124

Compilation date:   25 November 2023

Includes amendments up to:   Act No. 97, 2023

Registered:   7 December 2023

This compilation is in 2 volumes

Volume 1:   sections   1 - 12pt" >106ZR

Volume 2:   sections   124B - 12p t; font-weight:bold">133
  Endnotes

Each volume has its own contents

About this compilation

This compilation

This is a compilation of the Health Insurance Act 1973 that shows the text of the law as amended and in force on 25 November 2023 (the compilation date ).

The notes at the end of this compilation (the endnotes ) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self - repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

Part   VB--Medicare Participation Review Committees

124B   Interpretation

124BA   Application of Part to providers who are not practitioners

124C   Chairpersons

124D   Chairperson etc. to be notified if practitioner convicted of relevant offence or civil contravention

124E   Chairperson to establish Medicare Participation Review Committee

124EA   Membership of Committees

124EB   Qualification of members

124EC   Provision of information to the person in relation to whom a Committee is convened

124F   Determinations in relation to relevant offences and relevant civil contraventions

124FA   Committee may add parties to proceedings in relation to breach of undertaking by approved pathology practitioner or approved pathology authority

124FB   Determinations in relation to breach of undertaking by approved pathology practitioner

124FC   Determinations in relation to breach of undertaking by approved pathology authority

124FD   Committee may be established and proceedings may continue after undertaking ceases to be in force

124FE   Committee may add parties to proceedings in relation to pathology and diagnostic imaging offences and contraventions

124FF   Determinations in relation to pathology and diagnostic imaging offences and contraventions

124G   Hearings

124H   Guidelines relating to making a determination

124J   Procedure of hearings

124K   Hearings to be in public except in special circumstances

124L   Summons to give evidence etc.

124M   Refusal to be sworn etc.

124N   Protection of members of Committees etc.

124P   Contempt

124Q   Chairperson to give notice of determinations by Committee

124R   Review by Administrative Appeals Tribunal

124S   Giving effect to determinations

124T   Chairperson to abolish Committee

124U   Fees and allowances

Part   VC--Quality assurance confidentiality

124V   Object of this Part

124W   Interpretation

124X   Minister may declare quality assurance activity to be an activity to which this Part applies

124Y   Information about declared quality assurance activity not to be disclosed

124Z   Minister may authorise disclosure of information about a serious offence

124ZB   Immunity from suit of members of assessment or evaluation committees

124ZC   This Part   is to complement corresponding State and Territory laws

Part   VD--Bonded Medical Program

Division   1--Bonded Medical Program

Subdivision A--Introduction

124ZD   Bonded Medical Program

124ZE   Bonded participants

124ZEA   Determination that exceptional circumstances apply in relation to a person

124ZEB   Secretary may request further information

Subdivision B--Conditions of Bonded Medical Program

124ZF   Return of service obligation

124ZG   Conditions of Bonded Medical Program

124ZH   Breach of condition of Bonded Medical Program--repayment of education costs

124ZJ   Breach of condition of Bonded Medical Program--medicare benefits not payable

124ZK   Breach of condition of Bonded Medical Program--administrative penalty

Subdivision C--Review of decisions

124ZL   Application for review

124ZM   Notice of decision on review

124ZN   Review by Administrative Appeals Tribunal

Subdivision D--Withdrawal from Bonded Medical Program

124ZP   Withdrawal from Bonded Medical Program

124ZQ   Consequences of withdrawal

Subdivision E--Information sharing

124ZR   Authorised collection, use and disclosure

124ZS   Interaction with the Privacy Act 1988

Subdivision F--Bonded Medical Program rules

124ZT   Bonded Medical Program rules

Division   2--Transitional arrangements

124ZU   Opt in process for participating in the Bonded Medical Program

124ZUA   Extended compliance determination for certain BMP and MRBS participants

124ZUB   Secretary may request further information

124ZV   Effect of opting in to the Bonded Medical Program--BMP participants

124ZW   Effect of opting in to the Bonded Medical Program--MRBS participants

Part   VIA--Civil penalties

Division   1--Obtaining an order for a civil penalty

125A   Federal Court may order person to pay pecuniary penalty for contravening civil penalty provision

125B   What is a civil penalty provision ?

125C   Persons involved in contravening civil penalty provision

125D   Recovery of a pecuniary penalty

Division   2--Civil penalty proceedings and criminal proceedings

125E   Civil proceedings after criminal proceedings

125F   Criminal proceedings during civil proceedings

125G   Criminal proceedings after civil proceedings

125H   Evidence given in proceedings for civil penalty not admissible in criminal proceedings

Part   VII--Miscellaneous

126   Prohibition of certain medical insurance

127   Assignor of medicare benefit to be given copy of assignment etc.

128   Offences in relation to returns

128A   False statements relating to medicare benefits etc.

128B   Knowingly making false statements relating to medicare benefits etc.

128C   Charging of fees for provision of public hospital services to public patients

129   False statements etc.

129AA   Private hospitals--bribery

129AAB   Offences against 2 or more provisions

129AAC   Statements inadmissible as evidence

129AAD   Notice to produce documents

129AADA   Requirement to keep documents relating to notice to produce

129AAE   Civil penalty--failure to comply with requirement in notice

129AAF   Self - incrimination etc.

129AAG   Chief Executive Medicare or Departmental employee may deal with documents etc. produced

129AAH   Notice of decision: no amount recoverable because amounts paid substantiated etc.

129AAI   Notice of decision: amounts recoverable

129AAJ   Review of decisions to claim amounts as debts

129AC   Recovery of amounts overpaid etc. and administrative penalties

129ACA   Shared debt determinations

129ACB   Review of decisions relating to shared debt determinations

129AD   Recovery of certain determined amounts

129AE   Recovery of amounts paid in respect of certain diagnostic imaging services

129AEA   Liability for administrative penalty

129AEB   Amount of administrative penalty

129AEC   Notice of administrative penalty and review of assessments

129AECA   Power to obtain information relating to a debt

129AED   Waiver and repayment of certain debts arising under the Chronic Disease Dental Scheme

129AEE   Notice of decision to waive, or not to waive, a debt

129AEF   Recoverable amounts may be set off

129AEG   Garnishee notices

129AEH   Failure to comply with garnishee notice

129AF   State and Territory authorities to be notified of contraventions of certain laws

129A   Special arrangements for optometrical services

130   Officers to observe secrecy

130AA   Prosecution of offences

130G   Evidence

130H   Exceptions etc. to civil penalty provisions--burden of proof

130J   Obligations not affected by State or Territory laws

131   Delegation

132   Evidence

132A   Regulations relating to the manner of patient referrals

133   Regulations

Endnotes

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

 

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