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This is a Bill, not an Act. For current law, see the Acts databases.
2002-2003-2004
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Health
Legislation Amendment (Podiatric Surgery and Other Matters) Bill
2004
No. ,
2004
(Health and
Ageing)
A Bill for an Act to amend
legislation relating to health, and for related purposes
Contents
Part 1—Amendments relating to payment of benefits for hospital
treatment associated with podiatric
surgery 4
Health Insurance Act
1973 4
Part 2—Provision of Hospital Casemix Protocol
Data 6
Health Insurance Act
1973 6
National Health Act
1953 6
Part 3—Amendments relating to Pharmaceutical Benefits
Scheme 7
National Health Act
1953 7
Part 4—Miscellaneous amendments of other health
legislation 13
Health and Other Services (Compensation) Act
1995 13
Health Insurance Amendment (Diagnostic Imaging, Radiation Oncology and
Other Measures) Act
2003 13
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 (Podiatric
Surgery and Other Matters) Act 2004.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, in accordance with column 2 of the
table. Any other statement in column 2 has effect according to its
terms.
|
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, Part 1 |
A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6
months beginning on the day on which this Act receives the Royal Assent, they
commence on the first day after the end of that period. |
|
|
3. Schedule 1, Part 2 |
The day on which this Act receives the Royal Assent. |
|
|
4. Schedule 1, Part 3 |
A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6
months beginning on the day on which this Act receives the Royal Assent, they
commence on the first day after the end of that period. |
|
|
5. Schedule 1, items 15 and 16 |
Immediately after the time specified in the Health and Other Services
(Compensation) Act 1995 for the commencement of sections 21 and 24 of
that Act. |
1 February 1996 |
|
6. Schedule 1, items 17 and 18 |
Immediately after the time specified in the Health Insurance Amendment
(Diagnostic Imaging, Radiation Oncology and Other Measures) Act 2003 for the
commencement of item 8 of Schedule 1 to that Act. |
15 April 2003 |
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 contains additional information that is not part
of this Act. Information in this column may be added to or edited 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—Amendments
relating to payment of benefits for hospital treatment associated with podiatric
surgery
1 Subsection 3(1)
Insert:
accredited podiatrist means a podiatrist who is accredited by
the Minister in writing under section 3AAA.
2 Subsection 3(1) (at the end of paragraph (a)
of the definition of professional attention)
Add “or”.
3 Subsection 3(1) (at the end of the definition of
professional attention)
Add:
; or (d) podiatric treatment by an accredited podiatrist.
4 After section 3
Insert:
(1) The Minister may, in accordance with guidelines determined under
subsection (2), decide whether to accredit a podiatrist.
(2) The Minister may, by instrument in writing:
(a) determine guidelines for making a decision as to whether a podiatrist
is to be accredited; and
(b) from time to time, vary or revoke any guidelines so made.
(3) A decision as to whether a podiatrist should be accredited must be
made in accordance with the guidelines in force at the time the decision is
made.
(4) An instrument setting out guidelines determined under
subsection (2) or varying or revoking such guidelines is a disallowable
instrument for the purposes of section 46A of the Acts Interpretation
Act 1901.
(5) As soon as practicable after making a decision to accredit, or to
refuse to accredit, a podiatrist, the Minister must notify the podiatrist, in
writing, of that decision. If the decision is a decision to refuse to accredit,
the notification must include reasons for the refusal.
If the Minister has made a decision refusing to accredit a podiatrist,
application may be made to the Administrative Appeals Tribunal for review of the
decision.
Part 2—Provision
of Hospital Casemix Protocol Data
5 Paragraphs 23EA(3A)(b) and
(c)
Repeal the paragraphs, substitute:
(b) in a patient de-identified state to the Department.
6 After subsection 5B(3)
Insert:
(3A) For the purposes of this Act and the Health Insurance Act
1973, a declared day hospital facility must provide data specified in the
Hospital Casemix Protocol:
(a) in a patient identifiable state, to a registered private health
insurance organisation that has an applicable benefits agreement with the
patient; and
(b) in a patient de-identified state, to the Department.
Part 3—Amendments
relating to Pharmaceutical Benefits Scheme
7 Subsection 4(1) (definition of
pharmacist)
Repeal the definition, substitute:
pharmacist means a person registered as a pharmacist or
pharmaceutical chemist under a law of a State or Territory providing for the
registration of pharmacists or pharmaceutical chemists, and includes a friendly
society or other body of persons (whether corporate or unincorporate) carrying
on business as a pharmacist.
8 Subsection 84(1) (definition of approved
pharmacist)
Repeal the definition, substitute:
approved pharmacist means a person for the time being
approved under section 90 and includes:
(a) a person treated as having been so approved under any provision of a
law of the Commonwealth other than section 91; and
(b) except so far as subsection 90(3) is concerned—a person treated
as having been so approved under section 91.
9 Paragraph 90(3AA)(b)
Repeal the paragraph, substitute:
(b) the acquisition, following the death of a person who was the owner or
one of the owners of the pharmacy, of that person’s interest in the
business of the pharmacy; or
10 After subsection 90(3AB)
Insert:
(3AC) For the purposes of paragraph (3AA)(b), if a person who is the
owner or one of the owners of the business of a pharmacy dies, another person
will be taken to have acquired the interest of the deceased person only
after:
(a) a grant of probate of the will, or letters of administration of the
estate, of the owner who has died, by a court of a State or Territory having
jurisdiction in relation to the owner; and
(b) the transfer to that other person of that interest.
(3AD) Despite the grant of that probate or those letters of administration
being taken to have had effect from the date of death of the owner, any
permission to supply pharmaceutical benefits at or from particular premises that
is granted under section 91 in respect of:
(a) a period preceding that grant of probate or those letters of
administration; or
(b) a period following that grant of probate or those letters of
administration and preceding the subsequent transfer of the business;
is unaffected.
11 Subsection 90(3C)
After “(3AB),”, insert “(3AC), (3AD),”.
12 At the end of
section 90
Add:
(7) Subsection (6) does not permit an application to be made under
subsection (1) by a beneficiary of a deceased approved pharmacist who is
not himself or herself a pharmacist before the interest in the business of the
deceased pharmacist is transferred to the beneficiary in the course of the
administration of the estate of the deceased pharmacist.
13 After section 90
Insert:
(1) If:
(a) a person is an approved pharmacist in respect of a pharmacy at
particular premises; and
(b) the approved pharmacist dies at any time on or after the commencement
of this section; and
(c) another person claims to be:
(i) the executor, or one of the executors, of the will of the deceased
pharmacist in respect of which probate has been granted; or
(ii) the executor, or one of the executors, of the will of the deceased
pharmacist although probate has not yet been granted; or
(iii) a person, or one of the persons, to whom the administration of the
estate of the deceased pharmacist has been granted; or
(iv) a person, or one of the persons, intending to apply for
administration of the estate of the deceased pharmacist; and
(d) that other person applies to the Secretary for permission to supply
pharmaceutical benefits at or from those premises;
the Secretary may, if the Secretary reasonably believes that the applicant
is, or on the grant of probate of the will or letters of administration of the
estate is likely to be, such an executor or administrator, grant the applicant
permission to supply such pharmaceutical benefits at or from those
premises.
(2) An application under subsection (1) in relation to the supply of
pharmaceutical benefits at or from particular premises:
(a) must be made in writing in a form approved by the Secretary;
and
(b) must be made as soon as reasonably practicable after the death of the
pharmacist who previously supplied such pharmaceutical benefits at or from those
premises; and
(c) must be accompanied by documentary evidence relating to:
(i) the identity of the applicant; and
(ii) the nature of the applicant’s claim to be a person referred to
in a subparagraph of paragraph 91(1)(c);
of a kind determined in writing by the Secretary for the purposes of this
paragraph.
(3) A determination made for the purposes of paragraph (2)(c) is a
disallowable instrument for the purposes of section 46A of the Acts
Interpretation Act 1901.
(4) For the purpose of considering an application under this section, the
Secretary may, by notice in writing given to the applicant, require the
applicant to provide such further information, or produce such further
documents, to the Secretary as the Secretary specifies, within such period as
the Secretary specifies.
(5) If the Secretary requires the provision of information or the
production of documents within a specified period and the information or
documents are not provided or produced within that period, the Secretary may
treat the application as having been withdrawn.
(6) When the Secretary makes a decision to grant or refuse an application
under this section, the Secretary must cause notice in writing of that decision
to be given to the applicant. If the Secretary decides to refuse an application,
the notice must include reasons for the refusal.
(7) If the Secretary grants an applicant permission to supply
pharmaceutical benefits at or from premises the subject of the
application:
(a) the person granted that permission is to be treated for all purposes
of this Act as if the person is, and, since the referral day in relation to the
permission, had been, approved under section 90 as an approved pharmacist
in relation to the pharmacy at those premises; and
(b) any supply of pharmaceutical benefits at or from those premises by a
pharmacist who is not an approved pharmacist after the referral day in relation
to the permission and before the grant of that permission is to be treated as if
it had been a supply of those pharmaceutical benefits by the person to whom the
permission is granted; and
(c) references in this Act to an approval granted under section 90
include references to an approval treated as having been granted under
section 90 by paragraph (a); and
(d) the conditions to which an approval granted under section 90 is
subject (including any condition that is imposed by means of the
Minister’s determination under paragraph 92A(1)(f)) apply also to an
approval that is treated as having been granted under section 90 by
paragraph (a); and
(e) the rights conferred and obligations imposed on an approved pharmacist
apply to that person in his or her activities as such an approved
pharmacist.
(8) For the purposes of subsection (7), the referral
day, in relation to a permission granted under this section,
is:
(a) unless paragraph (b) applies—the day following the date of
death of the deceased pharmacist to whom the application for permission related;
or
(b) if there has been a prior permission granted under this section in
relation to the premises to which the permission relates—the day following
the date the prior permission was revoked.
(9) A permission granted to a person under subsection (1) in relation
to particular premises continues, unless it is sooner revoked, until that person
or another person is approved by the Secretary under section 90 in respect
of those premises.
(10) Nothing in this section authorises the Secretary to grant a
permission under subsection (1) to a person to supply pharmaceutical
benefits at or from particular premises at which the person is not permitted,
under the law of the State or Territory in which the premises are situated, to
carry on business.
(11) If:
(a) probate of the will, or administration of the estate, of a deceased
approved pharmacist is granted; and
(b) the person granted a permission under subsection (1) in relation
to the supply of pharmaceutical benefits at or from premises where that
pharmacist carried on business is not, or is not included among persons who are,
granted that probate or administration;
he or she must, as soon as he or she becomes aware of that fact, notify the
Secretary in writing of that fact.
(12) If the Secretary becomes aware, either as a result of a notification
under subsection (11) or otherwise, that:
(a) probate of the will, or administration of the estate, of a deceased
approved pharmacist is granted; and
(b) the person granted a permission under subsection (1) is not, or
is not included among persons who are, granted that probate or
administration;
the Secretary must, by notice in writing given to the person granted that
permission, revoke the permission.
(13) If a partnership agreement provides for the disposal of the pharmacy
business of a deceased approved pharmacist to any surviving partner or partners,
nothing in this section is to be taken to override the operation of the terms of
that agreement.
14 After subsection 105AB(7)
Insert:
(7AA) An application may be made to the Tribunal for review of a decision
of the Secretary:
(a) under subsection 91(1) granting or refusing an application under
section 91; or
(b) under subsection 91(5) treating an application under section 91
as having been withdrawn; or
(c) under subsection 91(12) revoking a permission granted under
section 91.
Part 4—Miscellaneous
amendments of other health legislation
Health and Other Services
(Compensation) Act 1995
15 Paragraph 21(6)(c)
Omit “that”, substitute “than”.
16 Paragraph 24(8)(c)
Omit “that”, substitute “than”.
Health Insurance Amendment
(Diagnostic Imaging, Radiation Oncology and Other Measures) Act
2003
17 Item 8 of
Schedule 1
Repeal the item, substitute:
8 Subsection 3(1) (definition of proprietor,
twice occurring)
Repeal the definitions, substitute:
proprietor:
(a) in relation to a pathology laboratory—means the person or
authority having effective control of:
(i) the laboratory premises, whether or not the holder of an estate or
interest in the premises; and
(ii) the use of equipment used in the laboratory; and
(iii) the employment of staff in the laboratory; and
(b) in relation to diagnostic imaging premises or a base for mobile
diagnostic imaging equipment—has the meaning given by section 23DZO;
and
(c) in relation to radiation oncology premises or a base for mobile
radiation oncology equipment—has the meaning given by section 23DZZN;
and
(d) in relation to other premises—means the person, authority or
body of persons having effective control of the premises, whether or not he or
she or it is the holder of an estate or interest in the premises.
18 Item 5 of
Schedule 2
Repeal the item.