Commonwealth Numbered Acts

Health Acts Amendment Act 1981 No. 118 of 1981 - SECT 41

41. After section 130 of the Principal Act the following sections are
inserted: Statement to be furnished concerning disadvantaged person when
required

''130A. (1) A person in respect of whom there is in force a declaration under
section 5 or 5B shall, whenever so required by the Director-General of Social
Services, furnish to such officer, and within such time, as the
Director-General specifies, a statement in accordance with a form approved by
the Director-General, relating to any matter that might affect the
continuation in force of that declaration.

''(2) The Director-General of Social Services or an officer authorized by him
may, in writing served by post on a person whom he believes to be in a
position to do so, require that person to furnish to him a confidential report
relating to any matter that might affect the continuation in force of a
declaration under section 5 or 5B with respect to another person.

Penalty: $100. Receipt of income, &c.

''130B. (1) Where the Director-General of Social Services gives a person a
notice under sub-section 5B (8), he may also give the person a notice
requiring the person to notify the Department of Social Security if his income
during any prescribed period exceeds an amount specified in the notice.

''(2) A person to whom a notice under sub-section (1) has been given shall not
refuse or fail to comply with the notice.

Penalty: $100.

''(3) Whenever a dependant of a person in respect of whom there is in force a
declaration under section 5B ceases to be such a dependant, the person shall,
immediately after the dependant so ceases to be a dependant, notify the
Department of Social Services accordingly.

Penalty: $100.

''(4) In this section, 'prescribed period', in relation to a notice under
sub-section (1), means any period of 4 weeks, or such other number of weeks as
is specified in the notice, that ends on a day within the period specified in
the declaration under section 5B in relation to the person to whom the notice
is given. False representation that person is disadvantaged person

''130C. (1) A person shall not, with intent to obtain any benefit or
advantage, impose or endeavour to impose upon-

   (a)  a practitioner;

   (b)  a registered organization; or

   (c)  the proprietor of a hospital, by any untrue representation, made in
        any manner whatsoever, that the person is, or was, a disadvantaged
        person for the purposes of this Act.

Penalty: $500 or imprisonment for 6 months.

''(2) In this section, 'practitioner' means-

   (a)  a medical practitioner;

   (b)  a dental practitioner;

   (c)  an approved pathology practitioner; or

   (d)  a participating optometrist. Recovery of payments due to false
        statement that person is, or was, disadvantaged person

''130D. Where, in consequence of an untrue representation, made in any manner
whatsoever, by a person that the person is, or was, a disadvantaged person for
the purposes of this Act, an amount had been paid to the person by way of
Commonwealth medical benefit that would not have been paid but for the untrue
representation, the amount so paid is recoverable in a court of competent
jurisdiction from that person, or from the estate of that person, as a debt
due to the Commonwealth. Return of notice of declaration of person as
disadvantaged person

''130E. A person who has been served, either personally or by post, with a
notice under sub-section 5A (3) or 5C (4) of the revocation of a declaration
in force under section 5 or 5B shall not, without reasonable excuse (proof
whereof shall lie upon him), fail or refuse to return to the Department of
Social Security, within 7 days after the service of that notice on him, the
notice of the making of that declaration that was given to him under
sub-section 5 (5) or 5B (8), as the case may be.

Penalty: $100. Powers as to taking of evidence, and production of documents,
with respect to disadvantaged persons

''130F. (1) The Director-General of Social Services or an authorized officer
may, for the purposes of the provisions of this Act that relate to
disadvantaged persons-

   (a)  summon witnesses;

   (b)  receive evidence on oath or affirmation; and

   (c)  require the production of documents.

''(2) A person who has been summoned to appear before the Director-General of
Social Services or an authorized officer shall not, without lawful excuse,
after tender of reasonable expenses, fail to appear in obedience to the
summons.

Penalty: $100.

''(3) A person, whether summoned or not, who appears before the
Director-General of Social Services or an authorized officer shall not-

   (a)  refuse to be sworn as a witness or to make an affirmation;

   (b)  fail to answer any question that he is lawfully required to answer; or

   (c)  fail to produce any document that he is lawfully required to produce.

Penalty: $100.

''(4) In this section, 'authorized officer' means an officer authorized by the
Director-General of Social Services for the purposes of this section. Evidence

''130G. (1) All courts shall take judicial notice of the signature of any
person who holds or who has held the office of Director-General, Deputy
Director-General, Assistant Director-General, Director or Registrar, and of
the fact that that person holds or has held that office, if the signature
purports to be attached or appended to any official document and any such
document purporting to be so signed shall be received in all courts as prima
facie evidence of the facts and statements contained therein.

''(2) A document referred to in sub-section (1) may relate to any matter in
connection with the operation of this Act in relation to disadvantaged
persons.

''(3) In this section, a word or phrase defined for the purposes of the Social
Services Act 1947 has the meaning that it would have if used in that Act.
Information with respect to disadvantaged persons

''130H. Notwithstanding section 17 of the Social Services Act 1947, the
Director-General of Social Services or an officer authorized by him for the
purpose may communicate to the Permanent Head of the Department of Health or
an officer authorized by him any information with respect to the operation of
sections 5 to 5E (inclusive). Delegation by Director-General of Social
Services

''130J. (1) The Director-General of Social Services may, either generally or
as otherwise provided by the instrument of delegation, by writing signed by
him, delegate to a person all or any of his powers under this Act, other than
this power of delegation.

''(2) A power so delegated, when exercised by the delegate, shall, for the
purposes of this Act, be deemed to have been exercised by the Director-General
of Social Services.

''(3) A delegation under sub-section (1) does not prevent the exercise of a
power by the Director-General of Social Services.''.