Commonwealth Numbered Regulations - Explanatory Statements

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HEALTH INSURANCE REGULATIONS (AMENDMENT) 1995 NO. 25

Statutory Rules 1995 No. 25

Issued by the Authority of the Minister for Human Services and Health

Health Insurance Act 1973

Health Insurance Regulations (Amendment)

The Health Insurance Act 1973 (the Act) provides for payments by way of Medical Benefits and payments for Hospital Services and for other purposes.

Section 133 of the Act provides that the Governor-General may make regulations for the purposes of the Act.

Regulation 27 provides for the prescription in Schedules to the Health Insurance Regulations of authorities and persons for the purposes of subsection 130(3A) of the Act. Subsection 130(3A) provides that certain information may be divulged, by the Health Insurance Commission, to prescribed authorities and persons. Schedule 3, Part 4 describes the relevant authorities and persons of New South Wales to whom selected information can be divulged in accordance with subsection 130(3A). Part 5 performs the same function in respect of the other Australian jurisdictions. The information in question is that required to enable the prescribed persons and bodies, which have a professional regulatory function, to perform that function.

As of 1 July 1994 the Complaints Unit New South Wales Department of Health which encompassed the positions so described in Schedule 3, Part 4 at Item 2, ceased to exist and its powers and functions were transferred to a new body known as the Health Care Complaints Commission, as constituted under section 75 of the Health Care Complaints Act 1993 (NSW). As the new body stands in the place of the old, it is necessary to ensure that it and the positions relating to it, are properly reflected in the Regulations made for the purposes of subsection 130(1k) of the Act.

Part 5 of Schedule 3 refers to the Medical Board of Victoria. The Medical Board of Victoria was abolished and was succeeded by the Medical Practitioners Board of

Victoria, established under section 65 of the Medical Practice Act 1994 (Victoria). This Act came into effect on 17 May 1994.

In addition, Part 5 of Schedule 3 refers to the Medical Board of Tasmania. The correct title for the body in question is the Medical Council of Tasmania.

Details of the regulations are set out in the Attachment.

The regulations commenced on gazettal.

ATTACHMENT

Regulation 1 - Amendment

Subregulation 1.1 provides for the amendment of the Health Insurance Regulations (the Regulations), as set out below.

Regulation 2 - Schedule 3, (Prescribed authorities and persons-subsection 130(3A) of the Act)

Subregulation 2.1 deletes Part 4, Items 2 and 3 and substitutes new Items 2, 3 and 4. These new Items define the names of offices and the position numbers of the Health Care Complaints Commission to which information may be released in accordance with section 130(3A) of the Act.

Subregulation 2.2 deletes the words "Medical Board of Victoria" and substitutes the words "Medical Practitioners Board of Victoria". This new prescription allows for the release of information under section 130(3A) of the Act to the Medical Practitioners Board of Victoria, which has replaced the Medical Board of Victoria.

Subregulation 2.3 substitutes the words "Medical Council of Tasmania" for the words "Medical Board of Tasmania". This new prescription allows for the release of information under section 130(3A) of the Act to the Medical Council of Tasmania, which is the correct name for this body.