Commonwealth Numbered Acts

NATIONAL HEALTH AMENDMENT ACT (No. 2) 1976 No. 99, 1976 - SECT 14

14. Section 73BF of the Principal Act is repealed and the following section
substituted:- Direction to admit person as contributor to a
registered organization.
''73BF. (1) Where-

   (a)  a registered organization refuses to admit a person as a contributor,
        in respect of the standard table, to a medical benefits fund or a
        hospital benefits fund conducted by it; and

   (b)  the person believes that the refusal was due to the past or present
        state of health of himself or of 1 or more of his dependants, the
        person may request the Minister to direct the organization to admit
        him as a contributor in respect of the standard table to that fund.

''(2) A request under sub-section (1)-

   (a)  shall be made by delivering the request to the Director for the State
        or Territory in respect of which the organization is registered; and

   (b)  shall be accompanied by a statement setting out the grounds on which
        the person making the request holds the belief referred to in
        paragraph (b) of sub-section (1).

''(3) The Minister shall, as soon as practicable after a request is made to
him under sub-section (1)-

   (a)  inform the registered organization concerned that the request has been
        made;

   (b)  furnish to the registered organization a copy of the grounds that
        accompanied the request in accordance with paragraph (b) of
        sub-section (2); and

   (c)  require the registered organization to furnish to him, in writing,
        within 14 days after receipt of the request-

        (i)    a statement of its general practice in respect of the admission
               of persons as contributors, in respect of the standard table,
               to the fund concerned; and

        (ii)   any comments it wishes to make concerning the grounds referred
               to in paragraph (b).

''(4) Where a person makes a request under sub-section (1) with respect to a
medical benefits fund or a hospital benefits fund conducted by a registered
organization, the Minister shall, as soon as practicable after the expiration
of 14 days after the requirement referred to in paragraph (c) of sub-section
(3) was made-

   (a)  if-

        (i)    after consideration of the grounds that accompanied the request
               and of any statement and comments furnished by the
               organization, he is satisfied that there are reasonable grounds
               for believing that the refusal to admit the person as a
               contributor, in respect of the standard table, to the fund was
               due to the past or present state of health of the person or of
               1 or more of his dependants; or

        (ii)   the organization has failed to furnish a statement in pursuance
               of the requirement referred to in paragraph (c) of sub-section
               (3),

direct the organization to admit the person as a contributor, in respect of
the standard table, to that fund; or

   (b)  in any other case-refuse to give that direction.

''(5) A direction under this section shall not require a restricted membership
organization to admit as a contributor to a medical benefits fund or a
hospital benefits fund, as the case may be, a person who is not eligible, in
accordance with the rules of the organization, for membership of that fund.''.