Commonwealth Numbered Acts

NATIONAL HEALTH AMENDMENT ACT (No. 2) 1978 No. 132, 1978 - SECT 11

11. After section 73BF of the Principal Act the following section is inserted:
Refusal of contributions of patient in institution
''73BFA. (1) Where a registered organization refuses to accept payment of the
contributions of a person, being a patient in an institution, who is, or
wishes to become, a contributor, in respect of a basic table, to a hospital
benefits fund conducted by it, the person may request the Minister to direct
the organization to accept his contributions in respect of the basic table to
that fund.

''(2) A request under sub-section (1)-

   (a)  shall be made by delivering the request to the Director for the State
        or Territory in respect of which the organization is registered; and

   (b)  shall be accompanied by a statement setting out the circumstances of
        the refusal.

''(3) The Minister shall, as soon as practicable after a request is made to
him under sub-section (1)-

   (a)  inform the registered organization concerned that the request has been
        made;

   (b)  furnish to the registered organization a copy of the statement that
        accompanied the request in accordance with paragraph (b) of
        sub-section (2); and

   (c)  require the registered organization to furnish to him, in writing,
        within 14 days after receipt of the requirement-

        (i)    a statement of its general practice in respect of the
               acceptance of contributions from persons who are, or wish to
               become, contributors, in respect of a basic table, to the fund
               concerned; and

        (ii)   any comments it wishes to make concerning the statement
               referred to in paragraph (b).

''(4) Where a person makes a request under sub-section (1) with respect to a
hospital benefits fund conducted by a registered organization, the Minister
shall, as soon as practicable after the expiration of 14 days after the
requirement referred to in paragraph (c) of sub-section (3) was made-

   (a)  if-

        (i)    after consideration of the statement that accompanied the
               request and of any statement and comments furnished by the
               organization, he is satisfied that there were no reasonable
               grounds for the refusal to accept payment of the contributions
               of the person; or

        (ii)   the organization has failed to furnish a statement in pursuance
               of the requirement referred to in paragraph (c) of sub-section
               (3),

direct the organization to accept payment of the contributions of the person;
or

   (b)  in any other case-refuse to give that direction.

''(5) A direction under this section shall not require a restricted membership
organization to accept payment of contributions of a person who wishes to
become a contributor to a hospital benefits fund conducted by it if the person
is not eligible, in accordance with the rules of the organization, for
membership of that fund.''.