Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Health Insurance Amendment
(Professional Services Review Scheme)
Bill 2023
No. , 2023
(Health and Aged Care)
A Bill for an Act to amend the
Health Insurance Act
1973
, and for related purposes
No. , 2023
Health Insurance Amendment (Professional Services Review Scheme)
Bill 2023
i
Contents
1
Short title ................................................................................................ 1
2
Commencement ..................................................................................... 1
3
Schedules ............................................................................................... 2
Schedule 1
--
Professional Services Review Scheme
3
Part 1
--
Main amendments
3
Health Insurance Act 1973
3
Part 2
--
Other minor amendments
8
Health Insurance Act 1973
8
Part 3
--
Application of amendments
9
No. , 2023
Health Insurance Amendment (Professional Services Review Scheme)
Bill 2023
1
A Bill for an Act to amend the
Health Insurance Act
1
1973
, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Health Insurance Amendment (Professional
5
Services Review Scheme) Act 2023
.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Health Insurance Amendment (Professional Services Review Scheme)
Bill 2023
No. , 2023
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Professional Services Review Scheme
Schedule 1
Main amendments
Part 1
No. , 2023
Health Insurance Amendment (Professional Services Review Scheme)
Bill 2023
3
Schedule
1--Professional Services Review
1
Scheme
2
Part
1--Main amendments
3
Health Insurance Act 1973
4
1 Subsection 81(1)
5
Insert:
6
Associate Director
means an Associate Director of Professional
7
Services Review appointed under section 83A.
8
Note:
In this Part, a reference to the Director includes a reference to an
9
Associate Director, subject to certain exceptions (see
10
subsection 83A(2)).
11
2 Subsection 81(1) (at the end of the definition of
Director
)
12
Add:
13
Note:
In this Part, a reference to the Director includes a reference to an
14
Associate Director, subject to certain exceptions (see
15
subsection 83A(2)).
16
3 Division 2 of Part VAA (heading)
17
After "
The Director
", insert "
and Associate Directors
".
18
4 Subsection 83(2)
19
Repeal the subsection.
20
5 After section 83
21
Insert:
22
83A Associate Directors of Professional Services Review
23
(1) The Minister may appoint a medical practitioner to be an Associate
24
Director of Professional Services Review.
25
(2) In this Part (other than section 83, paragraph 106ZM(2)(b),
26
sections 106ZPL and 106ZPLA and Subdivision A of Division 6 of
27
Schedule 1
Professional Services Review Scheme
Part 1
Main amendments
4
Health Insurance Amendment (Professional Services Review Scheme)
Bill 2023
No. , 2023
this Part) a reference to the Director includes a reference to an
1
Associate Director.
2
6 Subsection 84(3)
3
Repeal the subsection.
4
7 Subsection 84(4)
5
Omit "other than a medical practitioner".
6
8 Subsection 85(3)
7
Repeal the subsection.
8
9 Subsection 85(4)
9
Omit "other than a medical practitioner".
10
10 Division 6 of Part VAA (heading)
11
After "
the Director,
", insert "
Associate Directors,
".
12
11 After Subdivision A of Division 6 of Part VAA
13
Insert:
14
Subdivision AB
--
Associate Directors
15
106ZFA Term of office
16
(1) An Associate Director is to be appointed for the period, not
17
exceeding 3 years, specified in the instrument of appointment.
18
(2) An Associate Director is eligible for re-appointment.
19
106ZFB Associate
Director's terms and conditions of appointment
20
(1) An Associate Director holds office on a full-time or a part-time
21
basis as specified in the instrument of appointment.
22
(2) An Associate Director holds office on such other terms and
23
conditions (in respect of matters not provided for by this Act) as
24
are determined in the instrument of appointment.
25
Professional Services Review Scheme
Schedule 1
Main amendments
Part 1
No. , 2023
Health Insurance Amendment (Professional Services Review Scheme)
Bill 2023
5
106ZFC Outside employment
1
(1) A person who holds the office of an Associate Director on a
2
full-time basis must not engage in any paid employment outside
3
the duties of that office without the Minister's written approval.
4
(2) A person who holds the office of an Associate Director on a
5
part-time basis must not engage in any paid employment that, in
6
the Minister's opinion, conflicts wi
th the proper performance of the
7
Associate Director's functions.
8
106ZFD Leave of absence
9
(1) If an Associate Director holds office on a full-time basis, the
10
Associate Director has such recreational leave entitlements as are
11
determined by the Remuneration Tribunal.
12
(2) The Minister may grant an Associate Director leave of absence,
13
other than recreational leave, on such terms and conditions as to
14
remuneration or otherwise as the Minister determines in writing.
15
106ZFE Resignation
16
An Associate Director may resign by writing signed and delivered
17
to the Minister.
18
106ZFF Termination of an Associate
Director's appointment
19
(1) The Minister may terminate the appointment of an Associate
20
Director:
21
(a) for misbehaviour; or
22
(b) if the Associate Director is unable to perform the duties of
23
the Associate Director's office because of physical or mental
24
incapacity.
25
(2) The Minister may terminate an Associate
Director's appointment if
26
the Associate Director:
27
(a) becomes bankrupt, applies to take the benefit of any law for
28
the relief of bankrupt or insolvent debtors, compounds with
29
creditors or makes an assignment of remuneration for their
30
benefit; or
31
Schedule 1
Professional Services Review Scheme
Part 1
Main amendments
6
Health Insurance Amendment (Professional Services Review Scheme)
Bill 2023
No. , 2023
(b) is appointed on a full-time basis and is absent from duty,
1
except on leave of absence, for 14 consecutive days or for 28
2
days in any 12 months; or
3
(c) is appointed on a full-time basis and engages, except with the
4
Minister's approval, in paid employment outside the duties of
5
the Associate Director's
office; or
6
(d) is appointed on a part-time basis and engages in paid
7
employment that, in the Minister's opinion, conflicts with the
8
proper performance of
the Associate Director's
duties.
9
106ZFG Acting appointments
10
The Minister may appoint a person to act as an Associate Director:
11
(a) during a vacancy in the office of that Associate Director
12
(whether or not an appointment has previously been made to
13
the office); or
14
(b) during any period or during all periods when that Associate
15
Director is absent from duty or from Australia or is, for any
16
other reason, unable to perform the duties of the office.
17
Note:
For rules that apply to acting appointments, see section 33A of the
18
Acts Interpretation Act 1901
.
19
106ZFH Remuneration and allowances
20
(1) An Associate Director is to be paid such remuneration as is
21
determined by the Remuneration Tribunal.
22
(2) If no determination of that remuneration is in operation, an
23
Associate Director is to be paid such remuneration as is specified
24
in the regulations.
25
(3) An Associate Director is to be paid such allowances as are
26
specified in the regulations.
27
(4) This section has effect subject to the
Remuneration Tribunal Act
28
1973
.
29
12 Subsection 106ZPB(2)
30
Repeal the subsection.
31
Professional Services Review Scheme
Schedule 1
Main amendments
Part 1
No. , 2023
Health Insurance Amendment (Professional Services Review Scheme)
Bill 2023
7
13 Subsection 106ZPB(3)
1
Omit "(other than a medical
practitioner)".
2
14 Subsection 106ZPH(4)
3
Omit "
Subsections 1
06ZPB(2) and (3) apply", substitute
4
"
Subsection 1
06ZPB(3) applies".
5
15 Subsection 106ZPH(4)
6
Omit "they apply", substitute "it applies".
7
16 After subparagraph 106ZPLA(a)(i)
8
Insert:
9
(ia) the Associate Directors;
10
17 Paragraph 129AAD(1)(b)
11
Omit "paid; and", substitute "paid.".
12
18 Paragraph 129AAD(1)(c)
13
Repeal the paragraph.
14
19 Subsections 129AAD(12) and (13)
15
Repeal the subsections.
16
20 After paragraph 130(5E)(a)
17
Insert:
18
(aa) an Associate Director of Professional Services Review
19
appointed under section 83A; or
20
21 Subsection 130(5E)
21
After "help the Director,", insert "Associate Director,".
22
Schedule 1
Professional Services Review Scheme
Part 2
Other minor amendments
8
Health Insurance Amendment (Professional Services Review Scheme)
Bill 2023
No. , 2023
Part
2--Other minor amendments
1
Health Insurance Act 1973
2
22 Subsection 106ZD(1)
3
Repeal the subsection, substitute:
4
(1) The Minister may terminate the appointment of the Director:
5
(a) for misbehaviour; or
6
(b) if the Director is unable to perform the duties of the
7
Director's office because of physical or mental incapacity.
8
23 Subsection 106ZK(1)
9
Repeal the subsection, substitute:
10
(1) The Minister may terminate the appointment of a Panel member:
11
(a) for misbehaviour; or
12
(b) if the Panel member is unable to perform the duties of the
13
Panel member's office because of physical or mental
14
incapacity.
15
24 Subsection 106ZPG(1)
16
Repeal the subsection, substitute:
17
(1) The Minister may terminate the appointment of a member of the
18
Authority:
19
(a) for misbehaviour; or
20
(b) if the member of the Authority is unable to perform the
21
duties of the member's office because of
physical or mental
22
incapacity.
23
Professional Services Review Scheme
Schedule 1
Application of amendments
Part 3
No. , 2023
Health Insurance Amendment (Professional Services Review Scheme)
Bill 2023
9
Part
3--Application of amendments
1
25 Application of amendments
2
(1)
The amendments of sections 83, 84 and 85 of the
Health Insurance Act
3
1973
made by Part 1 of this Schedule apply in relation to appointments
4
made after the commencement of this Schedule.
5
(2)
The amendments of section 129AAD of the
Health Insurance Act 1973
6
made by Part 1 of this Schedule apply in relation to notices given after
7
the commencement of this Schedule (whether the amount to which the
8
notice relates is paid before or after that commencement).
9
(3)
The amendments of subsections 106ZD(1), 106ZK(1) and 106ZPG(1)
10
of the
Health Insurance Act 1973
made by Part 2 of this Schedule apply
11
in relation to appointments terminated after the commencement of this
12
Schedule (whether the appointment is made before or after that
13
commencement).
14