Commonwealth Consolidated Acts Commonwealth Consolidated ActsRevocation
(1) The Chief Executive Medicare may revoke a qualifying allied health claim certificate if the Chief Executive Medicare is no longer satisfied as mentioned in subsection 34ZZK(1) in relation to the claim.
(2) To avoid doubt, in considering whether the Chief Executive Medicare is still satisfied as mentioned in subsection 34ZZK(1) in relation to the claim, the Chief Executive Medicare may have regard to matters that have occurred since the decision to issue the qualifying allied health claim certificate was made, including for example:
(a) the making of rules for the purpose of paragraph 34ZZK(1)(i) or (j); or
(b) changes to the terms and conditions of the contract of insurance identified in the certificate.
Variation
(3) If the Chief Executive Medicare is satisfied that a matter is not correctly identified or specified in a qualifying allied health claim certificate, the Chief Executive Medicare may vary the certificate so that it correctly identifies or specifies the matter.
Effect of revocation
(4) If:
(a) the Chief Executive Medicare revokes a qualifying allied health claim certificate; and
(b) an amount of allied health exceptional claims indemnity has already been paid in relation to the claim;
the amount is an amount overpaid to which section 41 applies.
Effect of variation
(5) If:
(a) the Chief Executive Medicare varies a qualifying allied health claim certificate; and
(b) an amount of allied health exceptional claims indemnity has already been paid in relation to the claim, and that amount exceeds the amount that would have been paid if the amount of indemnity had been determined having regard to the certificate as varied;
the amount of the excess is an amount overpaid to which section 41 applies.
ART review of decision to revoke or vary
(6) Applications may be made to the Administrative Review Tribunal for review of decisions of the Chief Executive Medicare to revoke or vary a qualifying allied health claim certificate.
Note: Section 266 of the Administrative Review Tribunal Act 2024 requires notification of a decision that is reviewable.
Chief Executive Medicare to give applicant copy of varied certificate
(7) If the Chief Executive Medicare decides to vary a qualifying allied health claim certificate, the Chief Executive Medicare must, within 28 days of making the decision, give the applicant a copy of the varied certificate. However, a failure to comply does not affect the validity of the decision.