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This is a Bill, not an Act. For current law, see the Acts databases.
NATIONAL HEALTH AMENDMENT (CONTINENCE AIDS PAYMENT SCHEME) BILL 2010
2008-2009-2010
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
National Health Amendment
(Continence Aids Payment Scheme) Bill
2010
No. , 2010
(Health and Ageing)
A Bill for an Act to amend the law relating to
health, and for related purposes
i National Health Amendment (Continence Aids Payment Scheme) Bill 2010 No. , 2010
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Amendment of the National Health Act 1953
3
National Health Amendment (Continence Aids Payment Scheme) Bill 2010 No. , 2010 1
A Bill for an Act to amend the law relating to
1
health, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the National Health Amendment
5
(Continence Aids Payment Scheme) Act 2010.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2 National Health Amendment (Continence Aids Payment Scheme) Bill 2010 No. ,
2010
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 this Act receives the Royal Assent.
2. Schedule 1
1 July 2010.
1 July 2010
Note:
This table relates only to the provisions of this Act as originally
1
passed by both Houses of the Parliament and assented to. It will not be
2
expanded to deal with provisions inserted in this Act after assent.
3
(2) Column 3 of the table contains additional information that is not
4
part of this Act. Information in this column may be added to or
5
edited in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
12
Amendment of the National Health Act 1953 Schedule 1
National Health Amendment (Continence Aids Payment Scheme) Bill 2010 No. , 2010
3
Schedule 1--Amendment of the National
1
Health Act 1953
2
3
1 Subsections 6(1), (2), (5) and (6)
4
Omit "or the regulations", substitute ", the regulations or another
5
legislative instrument under this Act".
6
2 After Part II
7
Insert:
8
Part III--Continence Aids Payment Scheme
9
10
12 Continence Aids Payment Scheme
11
(1) The Minister may, by legislative instrument, formulate a
12
Continence Aids Payment Scheme, under which the
13
Commonwealth makes payments as a contribution towards the cost
14
of buying products that help manage incontinence.
15
(2) A person who satisfies the eligibility criteria that are stated in the
16
legislative instrument is eligible to participate in the scheme.
17
(3) Without limiting subsection (1), the legislative instrument may
18
provide for:
19
(a) applications by persons who want to participate in the
20
scheme; and
21
(b) the conditions that must be complied with in order for a
22
person to participate in the scheme; and
23
(c) the amount of the contribution that is payable in each
24
financial year in relation to a person who is participating in
25
the scheme; and
26
(d) investigations to be conducted in order to ensure that persons
27
who are participating in the scheme are eligible to do so; and
28
(e) the functions and powers of the Medicare Australia CEO in
29
relation to the scheme.
30
Schedule 1 Amendment of the National Health Act 1953
4 National Health Amendment (Continence Aids Payment Scheme) Bill 2010 No. ,
2010
13 Secretary or Medicare Australia CEO may request information
1
(1) This section applies if the Secretary or Medicare Australia CEO
2
(the official) believes, on reasonable grounds, that a person is
3
capable of giving information that is relevant to deciding:
4
(a) whether a contribution is payable to a person under the
5
Continence Aids Payment Scheme; or
6
(b) the amount of a contribution that is payable to a person under
7
the Continence Aids Payment Scheme.
8
(2) The official may request the person to give the information to the
9
official.
10
(3)
The
request:
11
(a) must be made in writing; and
12
(b) must state what information must be given to the official; and
13
(c) may require the information to be verified by statutory
14
declaration; and
15
(d) must specify a day on or before which the information must
16
be given, which day must be at least 28 days after the day on
17
which the request is made; and
18
(e) must contain a statement to the effect that a failure to comply
19
with the request is an offence.
20
(4) The person commits an offence if the person fails to comply with
21
the request.
22
Penalty: 30 penalty units.
23
(5) However, an individual is excused from complying with the
24
request if the giving of the information might tend to:
25
(a) incriminate the individual; or
26
(b) expose the individual to a penalty.
27
Note:
A defendant bears an evidential burden in relation to the matter in
28
subsection (5). See subsection 13.3(3) of the Criminal Code.
29
(6) An offence against subsection (4) is an offence of strict liability.
30
Note:
For strict liability, see section 6.1 of the Criminal Code.
31
Amendment of the National Health Act 1953 Schedule 1
National Health Amendment (Continence Aids Payment Scheme) Bill 2010 No. , 2010
5
14 Reviewing decision whether applicant is eligible for the scheme
1
(1) This section applies if the Medicare Australia CEO decides that a
2
person who has applied to participate in the scheme is not eligible
3
to participate in the scheme.
4
(2) The Medicare Australia CEO must give the person a signed notice
5
that states:
6
(a) the decision; and
7
(b) the day when the decision has effect; and
8
(c) the reasons for the decision; and
9
(d) that, within 28 days after receiving the notice, the person may
10
apply to the Medicare Australia CEO for a review of the
11
decision; and
12
(e) how the person may apply for the review.
13
(3) A person who is aggrieved by the Medicare Australia CEO's
14
decision may apply for a review of the decision in the way stated in
15
the legislative instrument that sets out the scheme.
16
(4) If an application is made under subsection (3), the Medicare
17
Australia CEO must review the decision and give the person a
18
signed notice that states:
19
(a) the decision; and
20
(b) the day when the decision has effect; and
21
(c) if the decision is that the person is not eligible to participate
22
in the scheme:
23
(i) the reasons for the decision; and
24
(ii) that, within 28 days after receiving the notice, the
25
person may apply to the Administrative Appeals
26
Tribunal for a review of the Medicare Australia CEO's
27
decision.
28
(5) An application may be made to the Administrative Appeals
29
Tribunal for the review of the Medicare Australia CEO's decision
30
mentioned in subsection (4).
31
15 Reviewing decision whether participant is eligible for the scheme
32
(1) This section applies if the Medicare Australia CEO decides that a
33
person who is participating in the scheme is not eligible to
34
participate in the scheme.
35
Schedule 1 Amendment of the National Health Act 1953
6 National Health Amendment (Continence Aids Payment Scheme) Bill 2010 No. ,
2010
(2) The Medicare Australia CEO must give the person a signed notice
1
that states:
2
(a) the decision; and
3
(b) the day when the decision has effect; and
4
(c) the reasons for the decision; and
5
(d) that, within 28 days after receiving the notice, the person may
6
apply to the Medicare Australia CEO for a review of the
7
decision; and
8
(e) how the person may apply for the review.
9
(3) A person who is aggrieved by the Medicare Australia CEO's
10
decision may apply for a review of the decision in the way stated in
11
the legislative instrument that sets out the scheme.
12
(4) If an application is made under subsection (3), the Medicare
13
Australia CEO must review the decision and give the person a
14
signed notice that states:
15
(a) the decision; and
16
(b) the day when the decision has effect; and
17
(c) if the decision is that the person is not eligible to participate
18
in the scheme:
19
(i) the reasons for the decision; and
20
(ii) that, within 28 days after receiving the notice, the
21
person may apply to the Administrative Appeals
22
Tribunal for a review of the Medicare Australia CEO's
23
decision.
24
(5) An application may be made to the Administrative Appeals
25
Tribunal for the review of the Medicare Australia CEO's decision
26
mentioned in subsection (4).
27
3 Transitional provisions for CAA Scheme
28
(1)
This item applies to a person who was receiving assistance under the
29
scheme known as the Continence Aids Assistance Scheme (CAA
30
Scheme) immediately before 1 July 2010.
31
(2)
If the person gives the following to the Medicare Australia CEO before
32
30 November 2010, the person is taken to participate, and to be eligible
33
to participate, in the Continence Aids Payment Scheme (CAP Scheme):
34
(a) a transfer form, in the form authorised by the Secretary
35
(whether before or after this item commences); and
36
Amendment of the National Health Act 1953 Schedule 1
National Health Amendment (Continence Aids Payment Scheme) Bill 2010 No. , 2010
7
(b) the details of a bank account into which payments under the
1
CAP Scheme are to be made.
2
(3)
That person is entitled to receive a payment under the CAP Scheme, for
3
the financial year starting on 1 July 2010.
4
(4)
Until 1 July 2011, the Medicare Australia CEO cannot decide that the
5
person is not eligible to participate in the CAP scheme.
6
(5)
In this item, bank account means an account at an authorised
7
deposit-taking institution within the meaning of the Banking Act 1959.
8