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Act No. 116 of 1994 as made
An Act to amend legislation relating to human services and health, and for related purposes
Date of Assent 16 Sep 1994
Date of repeal 10 Mar 2016
Repealed by Amending Acts 1990 to 1999 Repeal Act 2016
 

HUMAN SERVICES AND HEALTH LEGISLATION AMENDMENT ACT (No. 2) 1994 No. 116, 1994

Making Information
- Assented to 16 September 1994

HUMAN SERVICES AND HEALTH LEGISLATION AMENDMENT ACT (No. 2) 1994 No. 116 of 1994 - LONG TITLE

An Act to amend legislation relating to human services and
health, and for related purposes

HUMAN SERVICES AND HEALTH LEGISLATION AMENDMENT ACT (No. 2) 1994 No. 116 of 1994 - SECT 1
Short title

1. This Act may be cited as the Human Services and Health Legislation Amendment Act (No. 2) 1994.


(Minister's second reading speech made in-
House of Representatives on 24 August 1994
Senate on 25 August 1994)

HUMAN SERVICES AND HEALTH LEGISLATION AMENDMENT ACT (No. 2) 1994 No. 116 of 1994 - SECT 2
Commencement

2.(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.


(2) The amendment made by this Act to the Hearing Services Act 1991 is taken to have commenced on 1 January 1994.


(3) The insertion by this Act of section 3AA in the Health Insurance Act 1973 and the amendment made by this Act to section 23DB of that Act commence immediately after the repeal of section 5 of the Health Legislation Amendment Act 1986.


(4) The amendment made by this Act to section 103 of the National Health Act 1953 commences on 1 December 1994.


(5) The amendment made by this Act to subsection 84C(1AA) of the National Health Act 1953 commences on 1 January 1995.


(6) The amendment made by this Act to the National Health Amendment Act (No. 2) 1993 is taken to have commenced on 1 January 1994, immediately after the commencement of that Act.

HUMAN SERVICES AND HEALTH LEGISLATION AMENDMENT ACT (No. 2) 1994 No. 116 of 1994 - SECT 3
Amendments of Acts

3. The Acts referred to in the Schedule are amended as set out in the Schedule.

HUMAN SERVICES AND HEALTH LEGISLATION AMENDMENT ACT (No. 2) 1994 No. 116 of 1994 - SCHEDULE 1

SCHEDULE Section 3
AMENDMENTS OF ACTS
Health Insurance Act 1973
Subsection 3(1) (Definition of "general medical services table"):
Omit the definition, substitute:
" 'general medical services table', means the table prescribed under
section 4;".
Subsection 3(1) (Definition of "pathology services table"):
Omit the definition, substitute:
" 'pathology services table', means the table prescribed under
section 4A;".
Before section 3A:
Insert:
Approved pathology practitioners to ensure proper supervision of
pathology services
"3AA.(1) For the purposes of this Act, a pathology service is not
taken to be rendered on behalf of an approved pathology practitioner
unless the practitioner has arranged for proper supervision of the
rendering of the service.
"(2) For the purposes of this Act, an approved pathology
practitioner is not taken to have arranged for proper supervision of
the rendering of a pathology service unless the practitioner:
(a) ensures that a properly qualified person supervises the
rendering of the service; and
(b) has personal responsibility for the proper rendering of the
service.
"(3) The question whether an approved pathology practitioner ensured
that a properly qualified person supervised the rendering of a
pathology service is to be determined in accordance with principles
determined in writing by the Minister.
"(4) The Minister may, in writing, determine principles for the
purposes of subsection (3).
"(5) A determination under subsection (4) is a disallowable
instrument for the purposes of section 46A of the Acts Interpretation
Act 1901.

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"(6) Section 5 of the Evidence Act 1905 applies to a determination
under subsection (4) in the same way as that section applies to an
order made by the Minister.".
Section 4:
Repeal the section, substitute:
General medical services table
"4.(1) The regulations may prescribe a table of medical services
(other than diagnostic imaging services and pathology services) that
sets out the following:
(a) items of medical services;
(b) the amount of fees applicable in respect of each item;
(c) rules for interpretation of the table.
"(2) The regulations made under this section, unless sooner
repealed:
(a) cease to be in force on the day after the 15th sitting day of
the House of Representatives after the end of a period of 12 months
beginning on the day on which the regulations are notified in the
Gazette; and
(b) are taken to have been repealed on the first-mentioned day.".
Section 4A:
Repeal the section, substitute:
Pathology services table
"4A.(1) The regulations may prescribe a table of pathology services
that sets out the following:
(a) items of pathology services;
(b) the amount of fees applicable in respect of each item;
(c) rules for interpretation of the table.
"(2) The regulations made under this section, unless sooner
repealed:
(a) cease to be in force on the day after the 15th sitting day of
the House of Representatives after the end of a period of 12 months
beginning on the day on which the regulations are notified in the
Gazette; and
(b) are taken to have been repealed on the first-mentioned day.".
Paragraph 16B(11)(d):
Omit the paragraph, substitute:
"(d) the service was rendered before:
(i) subject to subparagraph (ii)-1 January 1997; or
(ii) if a later date is prescribed by the regulations for the
purposes of this paragraph-that later date; and".
Section 23DB:
After subsection (4) insert:
"(4A) An undertaking given by a person as mentioned in paragraph
(4)(a) is, by this subsection, taken to be an undertaking that the
person will, in respect of each pathology service rendered on behalf
of the person:
(a) ensure that a properly qualified person supervises the rendering
of the service (as determined in accordance with principles determined
by the Minister under subsection 3AA(3)); and
(b) have personal responsibility for the proper rendering of the
service.".
Sections 23DNB and 23DNC:
Repeal the sections, substitute:
Allocation to approved pathology authorities of units of entitlement
to operate licensed collection centres
"23DNB.(1) If a person that is an approved pathology authority
applies before 1 February in any year in writing to the Minister for
an allocation of units of entitlement to operate licensed collection
centres during the year beginning on that day (the 'relevant year'),
the Minister must, on or before that day, by writing, do either of the
following:
(a) determine that the person is not to be allocated any units of
entitlement to operate licensed collection centres in respect of the
relevant year;
(b) allocate to the person a number of units of entitlement to
operate licensed collection centres at any time during the relevant
year.
"(2) If, after 1 February in any year and before the end of 31
January next following, a person becomes an approved pathology
authority and applies in writing to the Minister for an allocation of
units of entitlement to operate licensed collection centres during the
period (the 'relevant period') beginning on the day of the approval
and ending on 31 January next following, the Minister must do either
of the following:
(a) determine that the person is not to be allocated any units of
entitlement to operate licensed collection centres in respect of the
relevant period;
(b) allocate to the person a number of units of entitlement to
operate licensed collection centres at any time during the relevant
period.

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"(3) The Minister must determine in writing principles with which
the Minister must comply in performing duties under this section.
"(4) The principles that the Minister is to determine must include:
(a) the formula or other method for working out whether any units of
entitlement to operate licensed collection centres should be allocated
to an approved pathology authority under subsection (1) or (2) and, if
any units are to be allocated, the number of units to be so allocated;
and
(b) the circumstances in which an allocation (including a nil
allocation) of units of entitlement to an approved pathology authority
may be varied during the period during which licensed collection
centres may be operated under the allocation, and the formula or other
method for working out such a variation; and
(c) the number and locations of licensed collection centres that an
approved pathology authority may operate under a unit of entitlement.
"(5) When performing a duty under this section, the Minister:
(a) must comply with any relevant principles in force under
subsection (3); and
(b) may take into account any other matters, not inconsistent with
those principles, that he or she thinks relevant.
"(6) A determination under subsection (3) is a disallowable
instrument for the purposes of section 46A of the Acts Interpretation
Act 1901.".
Subsection 23DND(2):
Omit the subsection.
Subsection 23DND(4):
Omit "If the specimen collection centre is not a temporary collection
centre, the", substitute "The".
Paragraph 23DND(4)(a):
Omit the paragraph, substitute:
"(a) the grant of the licence will not result in the approved
pathology authority operating licensed collection centres that it is
not authorised to operate under its allocation of units of
entitlement; and".
Subsection 23DND(5):
Omit the subsection.
Subsection 23DND(8):
Omit the subsection.
Subsection 23DNE(2):
Omit the subsection.
Subsection 23DNI(1):
Omit the subsection.
Section 23DNK:
Omit:
"know:
(a) that the centre is licensed under this Division; and
(b) if the centre is a temporary collection centre-that it is such a
centre.";
substitute:
"know that the centre is licensed under this Division.".
Subsection 23DNL(2):
Omit the subsection.
Subsections 23DO(2C), (2D), (2DA) and (2DB):
Omit the subsections.
Subsection 23DO(3):
Omit "(2D), (2DB),".
Paragraph 23DO(5)(c):
Omit "(2D), (2DB),".
Schedules 1 and 1A:
Repeal the Schedules.
Health Legislation Amendment Act 1986
Section 5:
Repeal the section.
Hearing Services Act 1991
Paragraph 5(1)(a):
Omit "Pensioner Health Benefits Card", substitute "Pensioner
Concession Card".
National Health Act 1953
Subsection 4(1AA):
Omit "in-patient" (wherever occurring), substitute "patient".
Subsection 84C(1AA):
Omit "a general patient", substitute "both a general patient and an
eligible person".
Section 103:
After subsection (2), insert:
"(2A) Paragraph (2)(a) does not prohibit a pharmacist from
supplying, in lieu of the pharmaceutical benefit specified in a
prescription (the 'specified benefit'), another pharmaceutical benefit
(the 'substitute benefit') that is marketed under a different brand
from the specified benefit if:
(a) the person who prescribed the specified benefit did not indicate
on the prescription that only that benefit was to be supplied; and
(b) the Schedule of Pharmaceutical Benefits issued by the Department
states that the specified benefit and the substitute benefit are
equivalent; and
(c) a determination is in force under subsection 85(6) in respect of
the brand of the substitute benefit; and
(d) the supply of the substitute benefit under that brand is not
prohibited by a law of the State or Territory in which the substitute
benefit is supplied.".
National Health Amendment Act (No. 2) 1993
Paragraph 4(a):
Omit "$400 or", substitute "is $400 or".