HEALTH INSURANCE ACT 1973 - SECT 23DO Review of decisions

HEALTH INSURANCE ACT 1973 - SECT 23DO

  (1)   Where a person gives an undertaking under subsection   23DC(1) or 23DF(1) and the Minister refuses to accept the undertaking, the person may, within the period of 28 days commencing on the day on which the person is given notice, under subsection   23DC(9) or 23DF(10), as the case requires, of the Minister's decision, apply to the Minister for reconsideration by the Minister of the decision.

  (2)   Where a person applies to the Minister under subsection   (1) for reconsideration of a decision by the Minister refusing to accept an undertaking given by the person, the Minister may:

  (a)   affirm the decision; or

  (b)   accept the undertaking on behalf of the Commonwealth and determine the period (being a period ending not later than 12 months after the day on which the undertaking comes into force) for which the undertaking is to have effect.

  (2C)   If:

  (a)   the Minister accepts an undertaking under subsection   23DC(1) or 23DF(1), or approves premises as an accredited pathology laboratory under subsection   23DN(1); and

  (b)   the day on which the undertaking or approval is taken to have come into force or taken effect is not a day specified as mentioned in section   23DDA, 23DNAAA or 23DGA (as the case requires);

the person who gave the undertaking, or applied for the approval, may apply to the Minister for reconsideration by the Minister of the decision not to specify a day, as mentioned in that section, in respect of the undertaking or approval.

  (2D)   If a person applies to the Minister under subsection   (2C) for reconsideration of the decision not to specify that day, the Minister may:

  (a)   affirm the decision; or

  (b)   determine that the notice given under subsection   23DC(10) or 23DF(11) in respect of the undertaking, or the approval under subsection   23DN(1) in respect of the premises, is to be treated, for the purposes of this Act, as having specified that day.

  (2DA)   Where an approved pathology authority that has applied for an approval under section   23DNBA is informed that the Minister has decided not to grant the approval, the approved pathology authority may, not later than 28 days after receiving the information, apply to the Minister for a reconsideration of the decision by the Minister.

  (2DB)   On receiving an application under subsection   (2DA), the Minister must reconsider his or her decision and may:

  (a)   affirm the decision; or

  (b)   grant the approval.

  (2G)   Where an approved pathology authority is notified under subsection   23DNG(2) of a decision of the Minister to revoke an approval granted to the authority, the approved pathology authority may, not later than 28 days after receiving the notice, apply to the Minister for a reconsideration of the decision of the Minister.

  (2H)   On receiving an application under subsection   (2G), the Minister must reconsider his or her decision and may:

  (a)   affirm the decision; or

  (b)   cancel the revocation of the approval with effect from the day on which the revocation had effect.

  (3)   Where the Minister makes a decision under subsection   (2), (2D), (2F) or (2H) in relation to an application by a person under subsection   (1), the Minister shall give notice in writing of the decision to the person who applied for the review.

  (4)   A notice under subsection   (3) of a decision by the Minister 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 by or on behalf of a person whose interests are affected by the decision.

  (5)   Applications may be made to the Administrative Appeals Tribunal for review of:

  (a)   a decision by the Minister, under subsection   23DN(1), approving in principle or refusing to approve premises as an accredited pathology laboratory for the purposes of this Act;

  (b)   a decision by the Minister varying or revoking an approval given under subsection   23DN(2);

  (c)   a decision by the Minister under subsection   (2), (2D), (2DB) or (2H) of this section;

  (d)   a decision by the Minister, pursuant to paragraph   23DC(1)(c) or 23DF(1)(c), determining the period for which an undertaking is to have effect; or

  (e)   a decision by the Minister under subsection   23DL(6) determining that an undertaking be suspended.

  (5A)   Any failure to comply with the requirements of subsection   (4) in relation to a decision does not affect the validity of the decision.

  (6)   In this section, decision has the same meaning as in the Administrative Appeals Tribunal Act 1975 .