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This is a Bill, not an Act. For current law, see the Acts databases.
2002-2003
The Parliament of
the
Commonwealth of
Australia
THE
SENATE
Presented and read a first
time
Health
Legislation Amendment Bill (No. 1)
2003
No. ,
2003
(Health and
Ageing)
A Bill for an Act to amend
legislation relating to health, and for related purposes
Contents
Part 1—Amendment of the Health and Other Services (Compensation)
Act 1995 3
Part 2—Amendment of the Health and Other Services (Compensation)
Care Charges Act 1995 8
Health Insurance Act
1973 10
A Bill for an Act to amend legislation relating to
health, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Health Legislation Amendment Act
(No. 1) 2003.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, on the day or at the time specified in
column 2 of the table.
|
Commencement information |
||
|---|---|---|
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
1. Sections 1 to 3 and anything in this Act not elsewhere covered by
this table |
The day on which this Act receives the Royal Assent |
|
|
2. Schedule 1 |
The day on which this Act receives the Royal Assent |
|
|
3. Schedule 2 |
At the end of the period of 90 days beginning on the day on which this Act
receives the Royal Assent |
|
Note: This table relates only to the provisions of this Act
as originally passed by the Parliament and assented to. It will not be expanded
to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table is for additional information that is not part
of this Act. This information may be included in any published version of this
Act.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
Part 1—Amendment
of the Health and Other Services (Compensation) Act 1995
1 At the end of subsection 3(4)
Add:
; or (c) ascertainable, at some time after the order or agreement is made,
in accordance with the terms of the order or agreement, or in accordance with a
law under which the order or agreement is made or to which the order or
agreement relates.
2 After subsection 3(4)
Insert:
(4A) An amount of compensation fixed under paragraph 3(4)(c) is fixed at
the time at which the amount of compensation is ascertained.
3 Paragraph 8(1)(a)
Omit “a judgment or settlement is”, substitute “an amount
of compensation is fixed under a judgment or settlement”.
4 Paragraph 8(6)(c)
Omit “the judgment or settlement is made”, substitute “an
amount of compensation is fixed under the judgment or
settlement”.
5 Paragraph 8(7)(a)
Omit “the judgment or settlement was made”, substitute
“an amount of compensation is fixed under the judgment or
settlement”.
6 Subsection 8(8)
Omit “judgment or settlement referred to in that subsection was
made”, substitute “amount of compensation was fixed under the
judgment or settlement referred to in that subsection”.
7 Paragraph 10(1)(a)
Omit “a judgment or settlement is”, substitute “an amount
of compensation is fixed under a judgment or settlement”.
8 Paragraph 10(6)(c)
Omit “the judgment or settlement is made”, substitute “an
amount of compensation is fixed under the judgment or
settlement”.
9 Paragraph 10(7)(a)
Omit “the judgment or settlement was made”, substitute
“an amount of compensation is fixed under the judgment or
settlement”.
10 Subsection 10(8)
Omit “judgment or settlement referred to in that subsection was
made”, substitute “amount of compensation was fixed under the
judgment or settlement referred to in that subsection”.
11 Paragraph 18(4)(a)
Omit “a judgment or settlement had already been made”,
substitute “an amount of compensation under a judgment or settlement had
already been fixed”.
12 Paragraph 18(4)(b)
Omit “judgment or settlement”, substitute “day on which
an amount of compensation was fixed under the judgment or
settlement”.
13 Paragraph 18(7)(b)
Repeal the paragraph, substitute:
(b) an amount of compensation has been fixed under a judgment or
settlement; and
14 Paragraph 18(7)(c)
Omit “of the judgment or settlement”, substitute “on
which the amount of compensation was fixed under the judgment or
settlement”.
15 Subsection 21(5)
Omit “a judgment or settlement is”, substitute “an amount
of compensation is fixed under a judgment or settlement”.
16 Subsection 21(5)
Omit “the judgment or settlement is made”, substitute
“the compensation is fixed”.
17 Paragraph 22(1)(b)
Omit “settlement”, substitute “day on which an amount of
compensation was fixed under the settlement”.
18 Paragraph 23(3)(e)
After “date”, insert “(if any)”.
19 At the end of paragraph
23(3)(f)
Add “(but see subsection (3A))”.
20 After subsection 23(3)
Insert:
(3A) If the amount of compensation payable to a claimant is fixed as
provided for in paragraph 3(4)(c) then, when that amount is ascertained, the
notifiable person must give to the Commission a further notice in writing
that:
(a) states that the amount has been ascertained; and
(b) states the amount of the compensation.
(3B) The notice under subsection (3A) must be given within 28 days
after the day that the amount of compensation is fixed.
21 Subsection 23(4)
Omit “the notice given to the Commission under
subsection (1)”, substitute “a notice given to the Commission
under subsection (1) or (3A)”.
22 Subsection 23(5)
Omit “subsection (1)”, substitute
“subsection (1) or (3A) as the case may be,”.
23 Subsection 23(6)
Omit “The notice”, substitute “A notice under
subsection (1) or (3A)”.
24 Paragraph 23A(1)(a)
Omit “a judgment or settlement has been”, substitute “an
amount of compensation has been fixed under a judgment or
settlement”.
25 Paragraph 23A(1)(b)
Omit “subsection 23(1) in relation to the judgment or
settlement”, substitute “subsection 23(1) or (3A) in relation to the
amount of compensation fixed under the judgment or settlement”.
26 Paragraph 23A(1)(c)
Omit “judgment or settlement was made”, substitute
“amount of compensation was fixed under the judgment or
settlement”.
27 Subparagraphs 23A(1)(d)(i) and
(ii)
Omit “of the judgment or settlement”, substitute “that
the amount of compensation was fixed under the judgment or
settlement”.
28 Paragraphs 23A(2)(a) and (b)
Omit “date of the judgment or settlement”, substitute
“day that the amount of compensation was fixed under the judgment or
settlement”.
29 Paragraph 24(4)(a)
Omit “judgment or settlement”, substitute “day on which
the amount of compensation was fixed under the judgment or
settlement”.
30 Subsection 24(6)
Omit “judgment or settlement is made” (wherever occurring),
substitute “amount of compensation is fixed under the judgment or
settlement”.
31 Paragraph 32(1)(b)
Omit “judgment or settlement”, substitute “the day on
which an amount of compensation was fixed under the judgment or
settlement”.
32 Paragraph 33B(1)(a)
Omit “judgment or settlement”, substitute “day on which
an amount of compensation was fixed under the judgment or
settlement”.
33 Subsection 35(2)
Repeal the subsection, substitute:
(2) This section does not affect the operation of Divisions 1 and 2
in relation to an amount of compensation fixed under a judgment or settlement,
in respect of the claim, if the amount was fixed prior to the start of the
period of the bulk payment agreement.
34 Paragraph 36(1)(c)
Omit “a judgment or settlement is made”, substitute “an
amount of compensation is fixed under a judgment or settlement”.
35 Paragraph 36(3)(a)
Omit “the judgment or settlement was made”, substitute
“an amount of compensation was fixed under the judgment or
settlement”.
36 Paragraph 36(3)(c)
Omit “a further judgment or settlement is made of a kind referred to
in subsection (1)”, substitute “an amount of compensation is
fixed under a further judgment or settlement of a kind referred to in
subsection (1)”.
37 Paragraph 36(4)(a)
Omit “the judgment or settlement was made”, substitute
“an amount of compensation was fixed under the judgment or
settlement”.
38 Subsection 36(5)
Omit “ judgment or settlement referred to in subsection (1) was
made”, substitute “amount of compensation was fixed under the
judgment or settlement referred to in subsection (1)”.
39 Application
The amendments made by this Part apply in relation to an amount of
compensation fixed by a judgment or settlement if the judgment or settlement is
made after the day this item commences.
Part 2—Amendment
of the Health and Other Services (Compensation) Care Charges Act
1995
40 Paragraph 6(1)(a)
Omit “a judgment or settlement is”, substitute “an amount
of compensation is fixed under a judgment or settlement”.
41 Paragraph 6(6)(c)
Omit “the judgment or settlement is made”, substitute “an
amount of compensation is fixed under the judgment or
settlement”.
42 Paragraph 6(7)(a)
Omit “the judgment or settlement was made”, substitute
“an amount of compensation was fixed under the judgment or
settlement”.
43 Subsection 6(8)
Omit “judgment or settlement referred to in that subsection was
made”, substitute “amount of compensation was fixed under the
judgment or settlement referred to in that subsection”.
44 Paragraph 8(1)(a)
Omit “a judgment or settlement is”, substitute “an amount
of compensation is fixed under a judgment or settlement”.
45 Paragraph 8(6)(c)
Omit “the judgment or settlement is made”, substitute “an
amount of compensation is fixed under the judgment or
settlement”.
46 Paragraph 8(7)(a)
Omit “the judgment or settlement was made”, substitute
“an amount of compensation was fixed under the judgment or
settlement”.
47 Subsection 8(8)
Omit “judgment or settlement referred to in that subsection was
made”, substitute “amount of compensation was fixed under the
judgment or settlement referred to in that subsection”.
48 Application
The amendments made by this Part apply in relation to an amount of
compensation fixed by a judgment or settlement if the judgment or settlement is
made after the day this item commences.
1 Section 46A
Insert:
Australian immunisation encounter means the immunisation in
Australia (using a vaccine of a kind referred to in paragraph (a) or (b) of
the definition of immunisation) of a child against a vaccine
preventable disease by a recognised immunisation provider.
2 Section 46A (definition of Australian
Immunisation Procedures Handbook)
Repeal the definition.
3 Section 46A
Insert:
Australian Immunisation Handbook means the latest edition of
the Australian Immunisation Handbook published by the Government
Printer.
Note: For the meaning of the Government
Printer see paragraph 17(n) of the Acts Interpretation Act
1901.
4 Section 46A
Insert:
foreign immunisation encounter means the process of
administering to a child, for the purpose of immunising a child, a vaccine
against a vaccine preventable disease if that process occurs outside
Australia.
5 Section 46A (at the end of the definition of
immunisation)
Add:
; or (c) a vaccine that is administered outside Australia.
6 Section 46A (definition of immunisation
encounter)
Repeal the definition.
7 Section 46A (definition of
information)
Repeal the definition, substitute:
information means:
(a) information relating to a child’s Australian immunisation
encounter; and
(b) information relating to a child’s foreign immunisation
encounter.
8 Section 46A
Insert:
information relating to a child’s Australian immunisation
encounter includes the name and address of the child immunised, the date
and nature of the immunisation of the child and the identity and address of the
provider of the immunisation and particulars of the immunisation provided by the
provider, but:
(a) in paragraphs 46E(1)(a) and (b)—does not include information as
to the address of the child or of a parent or guardian of the child;
and
(b) in paragraphs 46E(1)(d) and (e)—does not include information
about the child or a parent or guardian of the child, if the parent or guardian,
or another person exercising responsibilities in relation to the health of the
child, has told the Commission in writing that he or she does not wish to be
notified when the child needs to be immunised.
9 Section 46A
Insert:
information relating to a child’s foreign immunisation
encounter includes an interpretation of information relating to a
foreign immunisation encounter of a child if the interpretation is provided by a
recognised immunisation provider or a prescribed body.
10 Section 46A (definition of vaccine
preventable disease)
Repeal the definition, substitute:
vaccine preventable disease means a disease listed as a
vaccine preventable disease in the Australian Immunisation Handbook.
11 Paragraph 46B(b)
Repeal the paragraph, substitute:
(b) to record in the Register all Australian immunisation encounters and
all foreign immunisation encounters that are notified to the Commission by
recognised immunisation providers or prescribed bodies;
12 Subparagraph 46B(d)(iv)
Omit “immunisation encounter”, substitute “Australian
immunisation encounter”.