Commonwealth Numbered Acts Commonwealth Numbered Acts
1 At the end of section 19ABA
Add:
(5) If the contract is a contract with the Commonwealth (as represented by the Department) for a Medical Rural Bonded Scholarship (including such a contract as varied from time to time) then this section applies in relation to a breach of the contract that occurs before the commencement of this subsection but it does not apply in relation to a breach of the contract that occurs after that commencement.
2 After section 19ABA
Insert:
19ABB Waiver of amounts owing by a person who is or was a party to an MRBS contract
(1) This section applies if:
(a) a person is or was a party to a contract with the Commonwealth (as represented by the Department) for a Medical Rural Bonded Scholarship (including such a contract as varied from time to time); and
(b) an amount of medicare benefit was purportedly paid in respect of a professional service rendered at a particular time (the service time ) by, or on behalf of, the person as a medical practitioner; and
(c) the service time occurred in a period during which a medicare benefit was not payable to the person under subsection 19ABA(1); and
(d) the amount is recoverable as an amount owing to the Commonwealth.
(2) The Minister may, on behalf of the Commonwealth, waive the amount owing.
(3) If the Minister waives the amount owing under subsection (2), the Minister must give written notice of the waiver to the person.
19ABC Medicare benefits not payable to certain MRBS participants
(1) If:
(a) a person is a party to a contract with the Commonwealth (as represented by the Department) for a Medical Rural Bonded Scholarship (including such a contract as varied from time to time) that was entered into before the commencement of this section; and
(b) after the commencement of this section, the person breaches a provision of the contract that requires the person to work in a rural or remote area in accordance with that provision;
the Minister may determine that a medicare benefit is not payable in respect of a professional service rendered by, or on behalf of, the person as a medical practitioner.
(2) In deciding whether to make a determination under subsection (1), the Minister must have regard to any matters prescribed by the regulations.
(3) If the Minister makes a determination under subsection (1) in relation to the person, a medicare benefit is not payable to the person during the period that:
(a) starts on the day specified in the determination (which must not be a day before the determination is made); and
(b) ends:
(i) when the period that is equal to double the length of the period that the person was required under the contract to work in a rural or remote area ends; or
(ii) if a shorter period is determined in, or in accordance with, the contract--when that shorter period ends.
(4) Subsection (3) applies whether or not the person was a medical practitioner at the time the contract was entered into or at the time the breach occurred.
(5) If the Minister makes a determination under subsection (1) in relation to the person, the Minister must give the person written notice of the following:
(a) the decision to make the determination;
(b) the reasons for the decision;
(c) how the person may apply for reconsideration or review of the decision.
Request for reconsideration
(1) If the Minister makes a determination under subsection 19ABC(1) in relation to a person (the affected person ), the affected person may request the Minister to reconsider the decision (the original decision ).
(2) The request must:
(a) be made in writing; and
(b) set out the reasons for the request; and
(c) be given to the Minister within 28 days after the affected person is notified of the original decision.
Reconsideration of original decision
(3) If a request to reconsider the original decision is made under subsection (1), the Minister must:
(a) personally reconsider the decision; or
(b) cause the decision to be reconsidered by a delegate of the Minister who:
(i) was not involved in making the decision; and
(ii) occupies a position that is at least the same level as that occupied by the person who made the decision.
(4) After reconsidering the original decision, the Minister or delegate (as the case may be) must:
(a) affirm the decision; or
(b) vary the decision; or
(c) set the decision aside and substitute a new decision.
(5) After making a decision under subsection (4), the Minister or delegate (as the case may be) must give written notice of the following to the affected person:
(a) the decision;
(b) the date the decision takes effect;
(c) the reasons for the decision.
Note: Section 27A of the Administrative Appeals Tribunal Act 1975 requires the affected person to be notified of the person's review rights.
Review by the Administrative Appeals Tribunal
(6) Applications may be made to the Administrative Appeals Tribunal for review of a decision of the Minister, or a delegate of the Minister, made under subsection (4).
3 Section 19CC (heading)
Omit " covered by section 19AA, 19AB or 19ABA ", substitute " for which a medicare benefit is not payable ".
4 Paragraph 19CC(1)(a)
Omit "or 19ABA", substitute ", 19ABA or 19ABC".
5 After paragraph 124ZU(3)(a)
Insert:
(aa) both of the following apply:
(i) a determination has been made under subsection 19ABC(1) in relation to the person;
(ii) the period during which a medicare benefit is not payable to the person, as a result of the making of the determination, has not ended; or
6 Subsection 124ZW(3)
After "section 19ABA", insert "or 19ABC".