Commonwealth Numbered Acts

HEALTH INSURANCE AMENDMENT ACT 1977 No. 75 of 1977 - SECT 32

32. Sections 104 and 105 of the Principal Act are repealed and the following
sections substituted:- Report by Committee.
''104. After completion by a Committee of a hearing under section 94 in
relation to a matter, the Committee shall report to the Minister its opinion
on the matter and, in a case where the Committee, in the report, expresses the
opinion that a practitioner has rendered excessive services or that a
practitioner has initiated excessive pathology services, the report shall
identify the excessive services. Recommendation by Committee.
''105. (1) Where a report by a Committee under section 104 relates to a
question referred to the Committee under section 16C, the Committee shall, in
the report-

   (a)  recommend to the Minister that he accept the undertaking concerned; or

   (b)  recommend to the Minister that he refuse to accept the undertaking
        concerned.

''(2) Where-

   (a)  a committee has, in a report under section 104, expressed the opinion
        that a practitioner has rendered excessive services or that a
        practitioner has initiated excessive pathology services, and has
        identified those services; and

   (b)  a medical beneflt is payable, or has been paid, whether to the
        practitioner or to another person, in respect of any of those
        services, the Committee may, in the report, make one or more of the
        following recommendations:-

   (c)  that the practitioner be reprimanded;

   (d)  in the case of the rendering of excessive pathology services-that the
        Minister revoke his acceptance of the undertaking given under section
        16C by the practitioner;

   (e)  where the medical benefit is payable, but has not been paid, to the
        practitioner-that the medical benefit or a specified part of the
        medical benefit cease to be payable;

   (f)  where the medical benefit has been paid to the practitioner or has
        been paid, or is payable, to another person-that the amount of the
        medical benefit or a specified part of that amount be payable by the
        practitioner-

        (i)    in the case of a benefit paid or payable by the Commonwealth-to
               the Commonwealth; or

        (ii)   in the case of a benefit paid or payable by a registered
               organization-to that organization.

''(3) Where a Committee has, in a report under section 104, expressed the
opinion that a practitioner has failed to comply with an undertaking given by
him and accepted by the Minister under section 16C, the Committee may, in the
report, make one or more of the following recommendations:-

   (a)  that the practitioner be reprimanded;

   (b)  that the Minister revoke his acceptance of the undertaking;

   (c)  that, where a medical benefit is payable, but has not been paid, to
        the practitioner in respect of a pathology service and the Committee
        is of the opinion that the practitioner failed to comply with that
        undertaking in relation to that service, the medical benefit or a
        specified part of the medical benefit cease to be payable;

   (d)  that, where a medical benefit has been paid to the practitioner, or
        has been paid, or is payable, to another person, in respect of a
        pathology service and the Committee is of the opinion that the
        practitioner failed to comply with that undertaking in relation to
        that service, the amount of the medical benefit or a specified part of
        that amount be payable by the practitioner-

        (i)    in the case of a benefit paid or payable by the Commonwealth-to
               the Commonwealth; or

        (ii)   in the case of a benefit paid or payable by a registered
               organization-to that organization.

''(4) Where, in its report, a Committee recommends under sub-section (1) the
refusal of the acceptance of an undertaking, or makes a recommendation under
sub-section (2) or (3), it shall send to the Minister with the report a
transcript of the proceedings at the hearing to which the report relates, and
shall return any documents that accompanied the reference.

''(5) In this section, a reference to a practitioner does not include a
reference to the Commonwealth or to an authority established by a law of the
Commonwealth.''.