2004-2005-2006

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Health and Other Services (Compensation) Amendment Bill 2006

No.      , 2006

(Health and Ageing)

A Bill for an Act to amend the Health and Other Services (Compensation) Act 1995, and for related purposes

Contents

1............ Short title............................................................................................ 2

2............ Commencement.................................................................................. 2

3............ Schedule(s).......................................................................................... 3

Schedule 1—Amendments                                                                                                 4

Health and Other Services (Compensation) Act 1995                                         4

A Bill for an Act to amend the Health and Other Services (Compensation) Act 1995, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Health and Other Services (Compensation) Amendment Act 2006.

2  Commencement

                   This Act commences on the day on which it receives the Royal Assent.

3  Schedule(s)

                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments

Health and Other Services (Compensation) Act 1995

1  Paragraph 4(2)(d)

Repeal the paragraph.

2  Paragraph 17(6)(a)

Omit “claim for compensation was made more than 5 years before the request”, substitute “date on which the claimant suffered the injury is more than 5 years before the request was made”.

3  Application of amendment of paragraph 17(6)(a)

The amendment of paragraph 17(6)(a) of the Health and Other Services (Compensation) Act 1995 made by this Schedule applies in relation to requests made on or after the commencement of this item.

4  After subsection 18(9)

Insert:

Review of decision to refuse to give notice

          (9A)  Application may be made to the Medicare Australia CEO for reconsideration of a decision by the Medicare Australia CEO to refuse to give a notice under subsection (7).

          (9B)  The application must be made within 28 days after the claimant is notified of the decision to refuse to give the notice.

          (9C)  If an application for reconsideration is made, the decision must be reconsidered by the Medicare Australia CEO or a delegate of the Medicare Australia CEO.

          (9D)  The decision must not be reconsidered by the person who made the decision to refuse to give the notice.

           (9E)  The person reconsidering the decision must affirm or vary the decision within 28 days after the application for reconsideration is made.

5  Subsection 18(10)

Repeal the subsection (not including the note), substitute:

           (10)  If a decision has been reconsidered, application may be made to the Administrative Appeals Tribunal for review of the decision as affirmed or varied at the reconsideration.

6  Section 33AA

Repeal the section.

7  Paragraph 33B(1)(d)

Omit “less than $5,000 or such other amount as the Minister determines”, substitute “a small amount”.

8  At the end of subsection 33B(1)

Add:

Note:          For small amount see section 38.