Commonwealth Numbered Acts

HEALTH, HOUSING AND COMMUNITY SERVICES LEGISLATION AMENDMENT ACT 1992 No. 88 of 1992 - SECT 38

38. After Division 3 of Part IIB of the Principal Act the following Division
is inserted in Part IIB:

"Division 4 - Initiation of excessive
diagnostic imaging services Notice by Minister concerning excessive diagnostic
imaging services

"23DZK.(1) If the Minister has reasonable grounds for believing that:

   (a)  a person who is or was a practitioner has initiated excessive
        diagnostic imaging services; or

   (b)  a person has caused or permitted a practitioner employed by the person
        to initiate excessive diagnostic imaging services; or

   (c)  a person who is an officer of a body corporate has caused or permitted
        a practitioner employed by the body corporate to initiate excessive
        diagnostic imaging services; the Minister must give written notice to
        the person:

   (d)  setting out particulars of those grounds; and

   (e)  inviting the person to make submissions to the Minister, under section
        23DZL, showing cause why the Minister should not take further action
        in relation to the person under this Division.

"(2) In this section:
'officer', in relation to a body corporate other than the Commission, means a
director, secretary, manager or employee of the body corporate;
'practitioner' includes a chiropractor, a physiotherapist and a podiatrist.
Submissions by person notified

"23DZL.(1) A person who is given such notice may, within the period of 28 days
commencing on the day on which the notice is given, make submissions to the
Minister showing cause why the Minister should not take further action in
relation to the person under this Division.

"(2) If the person makes such submissions to the Minister within that period,
the Minister must have regard to the submissions in determining whether to
take any further action in relation to the person under this Division.
Decision on referral of matter to Medical Services Committee of Inquiry

"23DZM.(1) If, at the end of the period of 28 days, the person has not made
any such submissions to the Minister, the Minister must, by written notice,
refer the matter to the Medical Services Committee of Inquiry for the State in
which the diagnostic imaging services were initiated or, if there is more than
one such Committee in that State, to one of those Committees.

"(2) If:

   (a)  the person makes such submissions to the Minister within the period of
        28 days; and

   (b)  the Minister is satisfied that there are no reasonable grounds for
        believing that the person has initiated excessive diagnostic imaging
        services, or caused or permitted excessive diagnostic imaging services
        to be initiated as referred to in the notice under section 23DZK, as
        the case requires; the Minister must decide that no further action be
        taken in relation to the person under this section in relation to the
        notice.

"(3) If:

   (a)  the person makes such submissions to the Minister within the period of
        28 days; and

   (b)  the Minister is satisfied that there are reasonable grounds (being
        grounds that were specified in the notice referred to in section
        23DZK) for believing that the person has initiated excessive
        diagnostic imaging services, or caused or permitted excessive
        diagnostic imaging services to be initiated as referred to in that
        notice, as the case requires; the Minister must, by written notice,
        refer the matter to the Medical Services Committee of Inquiry for the
        State in which the diagnostic imaging services were initiated or, if
        there is more than one such Committee in that State, to one of those
        Committees.

"(4) If the Minister refers a matter to a Medical Services Committee of
Inquiry under subsection (1) or (3), the Minister must include in the notice
to the Committee particulars of the grounds referred to in paragraph
23DZK(1)(d). Notice of decision

"23DZN. The Minister must give to a person written notice of any decision made
under section 23DZM in relation to the person.".