Commonwealth Consolidated Acts

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HEALTH INSURANCE ACT 1973 - SECT 96

Challenging appointments to Committees

  (1)   The person under review may challenge the appointment of a Committee member (including an appointment under subsection   (3) of this section) on the grounds that the member:

  (a)   is biased or is likely to be biased; or

  (b)   is likely to be thought, on reasonable grounds, to be biased.

  (2)   The challenge must:

  (a)   be in writing; and

  (b)   set out the basis on which the challenge is made; and

  (c)   be given to the Director within 7 days after the person under review received a copy of the referral under subsection   93(7).

  (3)   If the Director decides that the challenge is justified, he or she must revoke the appointment and appoint another Panel member to the Committee.

  (4)   If that other Panel member is appointed to replace a Panel member referred to in paragraph   95(1)(b), subsections   95(1A), (2), (3) and (4) apply to the appointment as if it were an appointment of a Panel member referred to in that paragraph.

  (5)   If that other Panel member is appointed to replace a Panel member referred to in paragraph   95(1)(c), subsection   95(7) applies to the appointment as if it were an appointment of a Panel member referred to in that paragraph.

  (6)   As soon as practicable after making his or her decision on the challenge, the Director must give written notice of the decision to the person under review.

  (7)   An action or proceeding, whether civil or criminal, does not lie against the person under review for any statement made, or information given, in good faith to the Director, or a person acting on the Director's behalf, in connection with a challenge under this section.


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