Commonwealth Consolidated Acts

MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 286

Commission may make determination

             (1)  The Commission may make a written determination of any one or more of the following:

                     (a)  the places at which, the circumstances in which, and the conditions subject to which, a particular kind or class of treatment may be provided under this Part;

                     (b)  the places at which, the circumstances in which, and the conditions subject to which, treatment may be provided under this Part to persons as private patients;

                     (c)  the places at which, the circumstances in which, and the conditions subject to which, pharmaceutical benefits may be provided under this Part;

                     (d)  the kinds or classes of treatment that will not be provided under this Part;

                     (e)  the places at which, the circumstances in which, and the conditions subject to which, treatment will not be provided under this Part;

                      (f)  whether the Commission's prior approval of a particular kind or class of treatment is required;

                     (g)  if the Commission's prior approval is required:

                              (i)  the circumstances in which the Commission may exercise its power to give prior approval; and

                             (ii)  the circumstances in which the Commission may exercise its power to give approval if the treatment was obtained without prior approval.

Variation or revocation

             (2)  The Commission may, by written determination, vary or revoke a determination under subsection (1).

Minister must approve a determination

             (3)  A determination under this section has no effect unless the Minister has approved the determination in writing.

Legislative instrument etc.

             (4)  A determination that has been approved by the Minister is a legislative instrument.

             (5)  A determination under this section is taken to be made on the day on which the Minister approved the determination.

Determinations must be publicly available

             (6)  The Commission must make copies of all determinations under this section available on the Internet.

When treatment is provided as a private patient

             (7)  For the purposes of paragraph (1)(b), treatment is taken to be provided to a person as a private patient if:

                     (a)  the treatment is provided to the person as a person who is a private patient of a hospital, for the purposes of the Health Insurance Act 1973 ; or

                     (b)  the treatment is provided to the person by a medical specialist to whom the person has been referred but is not provided at a hospital.