Commonwealth Numbered Acts

Health Legislation Amendment Act 1982 No. 49 of 1982 - SECT 9

9. (1) Section 20B of the Principal Act is amended-

   (a)  by omitting sub-section (1) and substituting the following
        sub-section:

''(1) Subject to this section, a claim for a Commonwealth medical benefit-

   (a)  in respect of a professional service other than a professional service
        referred to in paragraph (b)-shall be lodged with the relevant medical
        benefits organization; or

   (b)  in respect of a professional service rendered before 1 September 1981
        or such later date as is prescribed-shall be lodged with the relevant
        medical benefits organization within the period of 2 years, or such
        further period as is allowed in accordance with sub-section (3A),
        after the rendering of the service.'';

   (b)  by adding at the end of paragraph (2) (b) ''within the period of 6
        months, or such longer period as is allowed in accordance with
        sub-section (3A), after the rendering of the professional service to
        which the benefit relates''; and

   (c)  by inserting after sub-section (3) the following sub-sections:

''(3A) Upon application made by a claimant to the Minister in accordance with
the approved form, the Minister may, in his discretion, by notice in writing
served on the claimant, allow a longer period for lodging the claim than the
period of 2 years referred to in paragraph (1) (b) or the period of 6 months
referred to in paragraph (2) (b), as the case may be.

''(3B) In exercising his power under sub-section (3A) to allow a longer period
for lodging a claim, the Minister shall have regard to all matters that he
considers relevant, including, but without limiting the generality of the
foregoing, any hardship that might be caused to the claimant if a longer
period is not allowed.''.

(2) The amendments made by sub-section (1) do not apply to claims for
Commonwealth medical benefit lodged within 3 months after the commencement of
this section.