Commonwealth Numbered Acts

HEALTH LEGISLATION AMENDMENT ACT 1986 No. 75 of 1986 - SECT 37

37. After section 124F of the Principal Act the following sections are
inserted: Committee may add parties to proceedings in relation to breach of
undertaking by approved pathology practitioner or approved pathology authority

"124FA. (1) Where-

   (a)  a Committee is established under section 124E (2A) in relation to an
        approved pathology practitioner; and

   (b)  the Committee has reasonable grounds to believe that an approved
        pathology authority that employs or employed the approved pathology
        practitioner has breached an undertaking given by the approved
        pathology authority under section 23DF, the Committee may determine,
        in writing, that the Committee should consider whether the approved
        pathology authority has breached that undertaking.

"(2) Where-

   (a)  a Committee is established under sub-section 124E (2A) in relation to
        an approved pathology authority; and

   (b)  the Committee has reasonable grounds to believe that an approved
        pathology practitioner who is or was employed by the authority has
        breached an undertaking given by the approved pathology practitioner
        under section 23DC, the Committee may determine, in writing, that the
        Committee should consider whether the approved pathology practitioner
        has breached that undertaking.

"(3) Where a Committee makes a determination under sub-section (1) or (2) in
relation to an approved pathology authority or an approved pathology
practitioner, the Committee shall give the authority or the practitioner
notice in writing of the determination. Determinations in relation to breach
of undertaking by approved pathology practitioner

"124FB. (1) Subject to sub-section 124J (8), where-

   (a)  a Committee is established under sub-section 124E (2A) in relation to
        an approved pathology practitioner; or

   (b)  a Committee has made a determination, under sub-section 124FA (2),
        that the Committee should consider whether an approved pathology
        practitioner has breached an undertaking, the Committee shall-

   (c)  determine whether the practitioner has breached the undertaking given
        by the practitioner;

   (d)  if the Committee determines that the practitioner has breached the
        undertaking given by the practitioner by reason of having rendered
        excessive pathology services-identify those services; and

   (e)  if the Committee determines that the practitioner has breached the
        undertaking given by the practitioner-make one or more of the
        following determinations:

        (i)    that no action should be taken against the practitioner;

        (ii)   that it should counsel the practitioner;

        (iii)  that it should reprimand the practitioner;

        (iv)   that the undertaking given by the practitioner should be
               revoked;

        (v)    that no undertaking given by the practitioner should be
               accepted by the Minister under section 23DC during the period
               specified in the determination (being a period expiring not
               later than 5 years after the day on which the determination
               takes effect);

        (vi)   that medicare benefits should not be payable, during the period
               specified in the determination (being a period expiring not
               later than 5 years after the day on which the determination
               takes effect), in respect of pathology services, being
               pathology services of a kind specified in the determination,
               that are rendered by or on behalf of the practitioner;

        (vii)  where a medicare 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 the undertaking in relation to that service-that
               the medicare benefit or a specified part of the medicare
               benefit cease to be payable;

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

"(2) In making a determination under sub-section (1) in relation to a
practitioner, the Committee shall comply with guidelines in force under
section 124H.

"(3) A determination under sub-section (1) shall be made in writing.
Determinations in relation to breach of undertaking by approved pathology
authority

"124FC. (1) Subject to sub-section 124J (8), where-

   (a)  a Committee is established under sub-section 124E (2A) in relation to
        an approved pathology authority; or

   (b)  a Committee has made a determination, under sub-section 124FA (1),
        that the Committee should consider whether an approved pathology
        authority has breached an undertaking, the Committee shall-

   (c)  determine whether the authority has breached the undertaking given by
        the authority;

   (d)  if the Committee determines that the authority has breached the
        undertaking given by the authority by reason of having permitted the
        rendering of excessive pathology services at an accredited pathology
        laboratory of which the authority is the proprietor-identify those
        services; and

   (e)  if the Committee determines that the authority has breached the
        undertaking given by the authority-make one or more of the following
        determinations:

        (i)    that no action should be taken against the authority;

        (ii)   that it should counsel one or more of the following persons:

                (A)  the authority;

                (B)  an employee of the authority;

                (C)  where the authority is a body corporate-an officer of the
                     authority;

        (iii)  that it should reprimand one or more of the following persons:

                (A)  the authority;

                (B)  an employee of the authority;

                (C)  where the authority is a body corporate-an officer of the
                     authority;

        (iv)   that the undertaking should be revoked;

        (v)    that no undertaking given by the authority should be accepted
               by the Minister under section 23DF during the period specified
               in the determination (being a period expiring not later than 5
               years after the day on which the determination takes effect);

        (vi)   where a medicare benefit has been paid, or is payable, to a
               person other than the authority, in respect of a pathology
               service and the Committee is of the opinion that the authority
               failed to comply with the undertaking in relation to that
               service-that the amount of the medicare benefit or a specified
               part of that amount be payable by the authority to the
               Commonwealth.

"(2) In making a determination under sub-section (1) in relation to an
authority, the Committee shall comply with guidelines in force under section
124H.

"(3) A determination under sub-section (1) shall be made in writing. Committee
may be established and proceedings may continue after undertaking ceases to be
in force

"124FD. Where-

   (a)  the Minister gives a Chairperson notice under sub-section 23DL (4) in
        relation to an undertaking; and

   (b)  the undertaking ceases to be in force-

        (i)    before the Chairperson establishes a Committee pursuant to the
               notice; or

        (ii)   before a Committee established pursuant to the notice makes a
               determination under section 124FB or 124FC, then,
               notwithstanding that the undertaking has ceased to be in force,
               the Chairperson may establish a Committee pursuant to the
               notice and a Committee so established may make a determination
               under section 124FB or 124FC pursuant to the notice. Committee
               may add parties to proceedings in relation to initiation of
               excessive pathology services

"124FE. (1) Where a Committee established under sub-section 124E (2B) in
relation to a practitioner has reasonable grounds to believe that a person
who-

   (a)  employs or employed the practitioner; or

   (b)  is or was an officer of a body corporate that employs or employed the
        practitioner, may have caused or permitted the practitioner to
        initiate excessive pathology services, the Committee may determine, in
        writing, that the Committee should consider whether the person caused
        or permitted the practitioner to initiate excessive pathology
        services.

"(2) Where a Committee established under sub-section 124E (2B) in relation to
a body corporate that employs or employed a practitioner has reasonable
grounds to believe that a person who is or was an officer of the , the
Committee may determine, in writing, that the Committee should consider
whether the officer caused or permitted the practitioner to initiate excessive
pathology services.

"(3) Where a Committee makes a determination under sub-section (1) or (2) in
relation to a person, the Committee shall give the person notice in writing of
the determination. Determinations in relation to initiation of excessive
pathology services

"124FF. (1) Subject to sub-section 124J (8), where-

   (a)  a Committee is established under sub-section 124E (2B) in relation to
        a person; or

   (b)  a Committee has determined, under sub-section 124FE (1) or (2), that
        the Committee should consider whether a person caused or permitted a
        practitioner to initiate excessive pathology services, the Committee
        shall-

   (c)  determine whether the person initiated excessive pathology services,
        or caused or permitted excessive pathology services to be initiated,
        as the case requires;

   (d)  if the Committee determines that the person initiated excessive
        pathology services, or caused or permitted excessive pathology
        services to be initiated, as the case requires-identify those
        services; and

   (e)  if the Committee determines that the person initiated excessive
        pathology services, or caused or permitted excessive pathology
        services to be initiated, as the case requires, and medicare benefit
        is payable, or has been paid, in respect of any of those services-make
        one or more of the following determinations:

        (i)    that no action should be taken against the person;

        (ii)   that it should counsel the person;

        (iii)  that it should reprimand the person;

        (iv)   where the medicare benefit is payable, or has been paid, to a
               person other than the person referred to in paragraph (a) or
               (b)-that the amount of the medicare benefit be payable to the
               Commonwealth by the person referred to in that paragraph.

"(2) In making a determination under sub-section (1) in relation to a person,
the Committee shall comply with guidelines in force under section 124H.

"(3) A determination under sub-section (1) shall be made in writing.".