Commonwealth Consolidated Acts

HEALTH INSURANCE ACT 1973 - SECT 94

  (1)   If:

  (a)   the Director decides to review the provision of services by a person; and

  (b)   before the end of the period of 12 months after making the decision, the Director has not:

  (i)   made a decision under section   91 to take no further action in relation to the review; or

  (ii)   entered into an agreement with the person under section   92 (whether or not the agreement has been ratified by the Determining Authority); or

  (iii)   referred the provision of one or more of the services to a Committee;

then, the Director is taken to have made a decision at the end of that period to take no further action in relation to the review.

Note:   Sections   92A and 106R set out time limits for the ratification of agreements made under section   92.

  (2)   If the review is suspended:

  (a)   under paragraph   89A(2)(b); or

  (b)   because of an injunction or other court order;

the Director may determine, in writing, that the period of 12 months referred to in subsection   (1), or that period as extended, is extended, or further extended, by a specified period that is not longer than the period of the suspension.

  (2A)   If:

  (a)   during the period of 12 months referred to in subsection   (1), or that period as extended, court proceedings are commenced in relation to the review; and

  (b)   subsection   (2) does not apply to the review;

the Director may determine, in writing, that the period of 12 months referred to in subsection   (1), or that period as extended, is extended, or further extended, by a specified period that is not longer than the period for which the proceedings are on foot.

  (3)   If a notice is given under subsection   89B(2) to the person under review, or to another person, and the person concerned fails to comply with a requirement of the notice, the Director may determine, in writing, that the period of 12 months referred to in subsection   (1), or that period as extended, is extended, or further extended, by a specified period that is not longer than the period during which the person fails to comply with the requirement.

  (3A)   If the person under review leaves Australia during the period of 12 months referred to in subsection   (1), or that period as extended, the Director may determine, in writing, that the period is extended, or further extended, by a specified period that:

  (a)   takes into account the period for which the person is outside Australia; and

  (b)   is reasonable in the circumstances.

  (4)   This section does not apply in relation to a review undertaken because of section   89.