HEALTH INSURANCE ACT 1973 - SECT 23DL Breaches of undertakings by approved pathology practitioners and approved pathology authorities

HEALTH INSURANCE ACT 1973 - SECT 23DL

  (1)   Where the Minister has reasonable grounds for believing that a person who is or was an approved pathology practitioner or an approved pathology authority has breached an undertaking given by the person for the purposes of section   23DC or 23DF, the Minister shall give notice in writing to the person setting out particulars of those grounds and inviting the person to make submissions to the Minister, in accordance with subsection   (2), showing cause why the Minister should not take further action in relation to the person under this section.

  (2)   A person who is given notice under subsection   (1) may, within the period of 28 days commencing on the day on which the notice is given, make submissions to the Minister showing cause why the Minister should not take further action in relation to the person under this section.

  (3)   Where a person makes a submission to the Minister in accordance with subsection   (2), the Minister shall have regard to that submission in determining whether to take any further action in relation to the person under this section.

  (4)   Where the Minister gives notice to a person under subsection   (1), the Minister shall:

  (a)   if, at the end of the period referred to in subsection   (2), the person has not made submissions to the Minister in accordance with that subsection--give notice in writing to a Chairperson of a Medicare Participation Review Committee setting out particulars of the grounds referred to in subsection   (1);

  (b)   if the person makes submissions to the Minister within the period referred to in subsection   (2) and the Minister is satisfied that there has been no breach of the undertaking--determine that no further action be taken in relation to the person under this section pursuant to the notice referred to in subsection   (1); or

  (c)   if the person makes submissions to the Minister within the period referred to in subsection   (2) and the Minister is satisfied that there are reasonable grounds (being grounds that were specified in the notice referred to in subsection   (1)) for believing that there has been a breach of the undertaking--give notice in writing to a Chairperson of a Medicare Participation Review Committee setting out particulars of those grounds.

  (5)   Where the Minister makes a decision pursuant to subsection   (4) in relation to a person, the Minister shall give the person notice in writing of the decision.

  (6)   Where the Minister gives notice pursuant to paragraph   (4)(a) or (c) to the Chairperson of a Medicare Participation Review Committee, the Minister may determine, in writing, that the undertaking in respect of which the notice is given be suspended pending the outcome of the proceedings before the Committee.

  (7)   Where the Minister makes a determination under subsection   (6) in relation to an undertaking, the undertaking ceases to be in force until:

  (a)   the determination is revoked by the Minister; or

  (b)   a Medicare Participation Review Committee makes a determination under section   124FB or 124FC pursuant to the notice referred to in subsection   (6).

  (8)   Where the Minister makes a determination under subsection   (6) in relation to an undertaking given by a person, the Minister shall give the person notice in writing of the determination.

  (9)   A notice under subsection   (8) shall include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975 , application may be made to the Administrative Appeals Tribunal for review of the decision to which the notice relates by or on behalf of a person whose interests are affected by the decision.

  (10)   Where the Minister makes a determination under subsection   (6) the Minister may, if the Minister thinks fit, publish notice of the determination in the Gazette .

  (11)   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 subsection   (10).

  (12)   For the purposes of subsection   (11), 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.