HEALTH INSURANCE ACT 1973 - SECT 23DQ Form etc. of requests

HEALTH INSURANCE ACT 1973 - SECT 23DQ

  (1)   The regulations may specify:

  (a)   the form in which a subsection   16B(1) request must be made; and

  (b)   the information that must be included in the request.

  (2)   A practitioner must not make a subsection   16B(1) request, or permit such a request to be made on his or her behalf, if the request contravenes regulations made for the purposes of subsection   (1) of this section.

Penalty:   10 penalty units.

  (2A)   Subsection   (2) does not apply if the practitioner has a reasonable excuse.

Note:   The defendant bears an evidential burden in relation to the matter in subsection   (2A). See subsection   13.3(3) of the Criminal Code .

  (3)   A medical practitioner who renders R - type diagnostic imaging services in the course of conducting his or her practice must not provide (whether directly or indirectly) to a practitioner a document for use by practitioners in making a subsection   16B(1) request if, in using the document for that purpose, a practitioner would contravene regulations made for the purposes of subsection   (1) of this section.

Penalty:   10 penalty units.

  (3A)   Subsection   (3) does not apply if the first - mentioned medical practitioner has a reasonable excuse.

Note:   The defendant bears an evidential burden in relation to the matter in subsection   (3A). See subsection   13.3(3) of the Criminal Code .

  (3B)   An offence under this section is an offence of strict liability.

Note:   For strict liability, see section   6.1 of the Criminal Code .

  (4)   In this section:

"practitioner" means:

  (a)   a medical practitioner; or

  (b)   a dental practitioner; or

  (c)   a chiropractor; or

  (d)   a physiotherapist; or

  (e)   a podiatrist; or

  (f)   an osteopath; or

  (g)   a participating midwife; or

  (h)   a participating nurse practitioner.