HEALTH INSURANCE ACT 1973 - SECT 124S Giving effect to determinations

HEALTH INSURANCE ACT 1973 - SECT 124S

  (1)   Subject to any order by the Administrative Appeals Tribunal or by a court, a determination takes effect upon:

  (a)   the twenty - eighth day after the day on which a copy of a notice of the determination is served under section   124Q on the person concerned; or

  (b)   if a later day is specified in the determination--the day so specified.

  (2)   Where a Committee has made a determination to the effect that it should counsel or reprimand a person, it shall, as soon as practicable after the determination takes effect, counsel or reprimand the person, as the case requires.

  (3)   Where a Committee determines that an undertaking given by an approved pathology practitioner or an approved pathology authority should be revoked, the Minister shall revoke the undertaking as soon as practicable after the determination takes effect.

  (4)   Where a Committee gives to the Minister a notice under paragraph   124Q(1)(a), in relation to a determination under section   124FB or 124FC, the Minister:

  (a)   may, if the Minister thinks fit, publish a copy of the notice in the Gazette ; and

  (b)   shall cause a copy of the notice to be laid before each House of the Parliament within 15 sitting days of that House after the notice has been given to the Minister.

  (5)   An action or proceeding, civil or criminal, does not lie against a person for publishing in good faith a copy of, a fair extract from or a fair abstract of a publication made in accordance with this section.

  (6)   For the purposes of subsection   (5), a publication shall be deemed to be made in good faith if the person by whom it is made is not actuated by ill will to the person affected by the publication or by any other improper motive.

  (7)   Nothing in subsection   (5) or (6) limits or prevents the operation of any rule of absolute privilege relating to the publication by either House of the Parliament of any document laid before it.

  (8)   Nothing in this section authorizes the publication of the name of a patient or particulars that would enable a patient to be identified.

  (9)   Where a determination of the kind referred to in paragraph   124F(2)(d) or (e) or subparagraph   124FC(1)(e)(iv) or (v) takes effect, the Minister must publish particulars of the determination in accordance with the regulations.