Health Insurance Commission Regulations 1975
Statutory Rules 1975 No. 27 as amended
made under the
Health Insurance Commission Act 1973
This compilation was prepared on 1 July 2002
taking into account amendments up to SR 2002 No. 142
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra

Contents
Page
	1	Name of Regulations [see Note 1]	4
	2	Commencement	4
	2A	Interpretation	4
	2AB	Definition of recognised class of functions: certain functions prescribed	4
	3	Additional functions of the Commission: investigations relating to inappropriate practices	5
	3A	Additional functions of the Commission: pathology services etc	7
	3B	Additional functions of the Commission: health program grants	9
	3C	Additional functions of the Commission: allocation of numbers	9
	3D	Additional functions of the Commission: provision of certain appliances	9
	3E	Additional functions of the Commission: provision of pharmaceutical benefits	10
	3F	Additional functions of the Commission: planning and preparation in relation to legislative proposals	12
	3G	Additional functions of the Commission: Hib vaccinations	12
	3H	Functions of the Commission: claims by, and payments to, hearing services providers	13
	3J	Additional functions of the Commission in relation to Diabetes Australia	14
	3K	Additional functions of the Commission in relation to certain committees	14
	3L	Additional functions of the Commission in relation to undertakings by optometrists	16
	3M	Additional functions of the Commission in relation to pathology laboratories and specimen collection centres	17
	3N	Additional functions of the Commission in relation to the Medicare Benefits Advisory Committee	18
	3R	Use of Australian Childhood Immunisation Register for childcare rebate	19
	3S	Additional functions of the Commission — registration of sonographers	19
	3T	Additional functions of the Commission — Register relating to mental health care	22
	4	Additional functions of the Commission	22
	4A	Additional functions of the Commission — consultancy services, management services and information technology services	23
	4B	Contractual limit	24
	5	Prescribed period for purposes of paragraph 41C (8) (a) of Act	24
	6	Previous employment to be taken into account	24
Schedule 1		26
Schedule 2		28
Notes 	25

  
  
1	Name of Regulations [see Note 1]
		These Regulations are the Health Insurance Commission Regulations 1975.
2	Commencement
		These regulations shall be deemed to have come into operation on 19 September 1974.
2A	Interpretation
		In these regulations:
Health Insurance Act means the Health Insurance Act 1973.
National Health Act means the National Health Act 1953.
officer means an officer or employee of the Commission.
registered organization means an organization that was, immediately before the commencement of the Act, a registered medical benefits organization or a registered hospital benefits organization within the meaning of the National Health Act.
Repatriation Commission means the Repatriation Commission continued in existence by section 179 of the Veterans’ Entitlements Act 1986.
the Act means the Health Insurance Commission Act 1973.
2AB	Definition of recognised class of functions: certain functions prescribed
	(1)	For the purposes of paragraph (c) of the definition of recognised class of functions in subsection 3 (1) of the Act, the class of functions is prescribed that is made up of the following functions:
	(a)	the processing and payment of claims relating to stoma appliances under regulation 3D;
	(b)	the provision of pharmaceutical benefits under regulation 3E;
	(c)	the making of payments to Diabetes Australia under regulation 3J.
	(2)	For the purposes of paragraph (c) of the definition of recognised class of functions in subsection 3 (1) of the Act, the class of functions is prescribed that is made up of the functions conferred by paragraph (a) of subregulation 4A (1).
	(3)	For the purposes of paragraph (c) of the definition of recognised class of functions in subsection 3 (1) of the Act, the class of functions is prescribed that is made up of the functions conferred by paragraph (b) of subregulation 4A (1).
3	Additional functions of the Commission: investigations relating to inappropriate practices
	(1)	In this regulation, unless the contrary intention appears:
inappropriate practice has the same meaning as in Part VAA of the Health Insurance Act.
medicare benefit has the same meaning as in the Health Insurance Act.
practitioner has the same meaning as in Part VAA of the Health Insurance Act.
referral has the same meaning as in Part VAA of the Health Insurance Act.
service has the same meaning as in Part VAA of the Health Insurance Act.
	(2)	For the purposes of subsection 8AA (2) of the Act, the following functions are prescribed:
	(a)	to devise and implement measures intended:
	(i)	to prevent practitioners and other persons from engaging in inappropriate practice; and
	(ii)	to facilitate the detection of cases where practitioners or other persons have engaged in inappropriate practice in connection with rendering or initiation of services and to enable the identification of those services; and
	(iii)	to prevent, or facilitate the detection of, activities related to claims for payment, or the receipt, of medicare benefits that may constitute an offence under the Health Insurance Act or the Crimes Act 1914;
	(b)	if there are reasonable grounds to suspect that a practitioner or other person has engaged in inappropriate practice, to investigate the conduct of that practitioner or other person for the purpose of deciding whether to make a referral;
	(c)	to investigate cases where there are reasonable grounds to suspect that:
	(i)	an act done by a person in relation to a claim for payment, or the receipt, of medicare benefits may constitute an offence under the Health Insurance Act or the Crimes Act 1914; or
	(ii)	a person may have committed an offence against section 23DP, 106D or 106EA, or subsection 19D (2), 19D (7), 104 (4), 104 (4A), 105A (3), 105A (5), 106E (1) or 106E (2), of the Health Insurance Act;
		and, where an investigation discloses that there is sufficient evidence to warrant a prosecution, to refer the case investigated and the information obtained in the course of the investigation to the Australian Federal Police or the Director of Public Prosecutions;
	(e)	to undertake, as directed by the Minister, such action as is required of the Minister under the Act in relation to statements under subsections 19B (13) or 19C (2), (3) or (4) of the Health Insurance Act;
	(f)	to advise the Minister in relation to directions to be given by the Minister under section 19D of the Health Insurance Act and undertake, on behalf of the Minister, such action as is required under that Act in relation to those directions;
	(g)	to provide such clerical and administrative services as are necessary to enable:
	(i)	the Minister to exercise his or her powers under Divisions 3, 4 and 5 of Part VA, of the Health Insurance Act; and
	(ii)	the Tribunals established under Division 2 of Part VA of that Act to perform their functions under that Act;
	(h)	to undertake, on behalf of the Commonwealth, action (including the institution of legal proceedings) to recover from a person an amount of medicare benefit that is recoverable by the Commonwealth from that person under the Health Insurance Act or otherwise.
3A	Additional functions of the Commission: pathology services etc
	(1)	In this regulation, unless the contrary intention appears:
approved pathology authority has the same meaning as in the Health Insurance Act.
approved pathology practitioner has the same meaning as in the Health Insurance Act.
Medicare Participation Review Committee has the same meaning as in Part VB of the Health Insurance Act.
	(2)	For the purposes of subsection 8AA (2) of the Act, the following functions are prescribed:
	(c)	to process notices of termination of undertaking given under section 23DE or 23DH of the Health Insurance Act;
	(d)	to repay fees pursuant to section 23DJ of the Health Insurance Act;
	(e)	in order to enable the Minister to perform his or her functions under sections 23DC and 23DF of the Health Insurance Act:
	(i)	to process, on behalf of the Minister, applications for the Minister’s acceptance of undertakings given by persons who wish to become approved pathology practitioners or approved pathology authorities, respectively; and
	(ii)	to undertake, on behalf of the Minister, any investigations and inquiries that are necessary or expedient in relation to applications for acceptance of undertakings and refer to the Minister:
	(A)	any information obtained in the course of the investigations or inquiries, being information relevant to the acceptance or otherwise of an undertaking; and
	(B)	any comments and recommendations arising from the investigations and inquiries that the Commission considers appropriate;
	(f)	in order to enable the Minister to perform his or her functions under sections 23DL, 23DO and 23DP of the Health Insurance Act, to undertake, on behalf of the Minister, any investigations and inquiries that are necessary or expedient in relation to:
	(i)	the compliance with, or the breach of, an undertaking given by a person who is or was an approved pathology practitioner or an approved pathology authority;
	(iii)	the review of a decision of the Minister to refuse to accept an undertaking given under subsection 23DC (1) or 23DF (1) of the Health Insurance Act; and
	(iv)	the detection of offences in relation to requests of the kind referred to in section 16A of the Health Insurance Act;
		and to refer to the Minister:
	(v)	any information obtained in the course of the investigations or inquiries, being information relevant to the matters in relation to which the investigations or inquiries were undertaken; and
	(vi)	any comments and recommendations arising from the investigations or inquiries that the Commission considers appropriate;
	(g)	in order to enable a Medicare Participation Review Committee to perform its functions under Part VB of the Health Insurance Act:
	(i)	to undertake on behalf of the Committee any investigations and inquiries that are necessary or expedient in relation to a matter in respect of which the Committee was established;
	(ii)	to refer to the Committee any information obtained in the course of the investigations or inquiries, being information relevant to the matter in respect of which the Committee was established; and
	(iii)	to refer to the Committee any comments and recommendations arising from the investigation or inquiries that the Commission considers appropriate; and
	(h)	to provide such clerical and administrative services in relation to a matter specified in paragraph (e), (f) or (g) as the Minister or Committee, as the case may be, may require.
3B	Additional functions of the Commission: health program grants
		For the purposes of subsection 8AA (2) of the Act, the following functions are prescribed, namely, to process, on behalf of the Minister administering Part IV of the Health Insurance Act, claims for payment under that Part in relation to costs of the provision of radiation oncology services submitted to the Department under subsection 45 (1) of that Act and, on behalf of that Minister, to make payments of those claims.
3C	Additional functions of the Commission: allocation of numbers
		For the purposes of subsection 8AA (2) of the Act, the following functions are prescribed:
	(a)	the allocation of identification numbers, for the purposes of the National Health Act, to medical practitioners within the meaning of that Act and participating dental practitioners within the meaning of Part VII of that Act;
	(b)	the allocation of identification numbers, for the purposes of the Health Insurance Act to persons who are practitioners, approved pathology practitioners or participating optometrists within the meaning of that Act, in respect of the particular places of practice of those persons.
3D	Additional functions of the Commission: provision of certain appliances
		For the purposes of subsection 8AA (2) of the Act, the following functions are prescribed, namely, on behalf of the Minister, to process claims for payment relating to stoma appliances the supply of which is arranged under paragraph 9A (1) (a) of the National Health Act, and to make payments of those claims.
3E	Additional functions of the Commission: provision of pharmaceutical benefits
		For the purposes of subsection 8AA (2) of the Act, the following functions are prescribed:
	(a)	on behalf of the Secretary to the Department, to perform the functions conferred on the Secretary by Part VII of the National Health Act, other than:
	(i)	to make appointments under paragraph 101 (1) (a) of that Act; and
	(ii)	to make arrangements for the testing or analysis of pharmaceutical benefits or drugs that may be used as pharmaceutical benefits under section 102 of that Act;
	(b)	on behalf of the Minister, to perform the following functions conferred on the Minister by Part VII of the National Health Act:
	(i)	to approve hospital authorities and hospitals under section 94 of that Act;
	(ii)	to vary, suspend or revoke approvals under subsection 94 (5A) of that Act;
	(iii)	to determine periods of suspension under subsection 94 (5B) of that Act;
	(iv)	to cancel approvals under subsection 98AA (1) of that Act;
	(v)	to make special arrangements for the availability of pharmaceutical services under subsection 100 (1) of that Act;
	(c)	on behalf of the Minister, to perform the functions conferred on the Minister by Part VIII or IX of the National Health Act in relation to the provision of pharmaceutical benefits;
	(d)	on behalf of the Secretary to the Department, to perform the functions conferred on the Secretary by Part VIII or IX of the National Health Act in relation to the provision of pharmaceutical benefits;
	(e)	on behalf of the Secretary to the Department, to perform the functions conferred on the Secretary by the National Health (Pharmaceutical Benefits) Regulations;
	(f)	on behalf of the Minister, to perform the functions conferred on the Minister by the National Health (Pharmaceutical Benefits) Regulations, other than the function of determining the rate at which, and the conditions subject to which, payments of pharmaceutical benefits are to be made under regulation 18 of those regulations;
	(g)	for the purposes of Part VII of the National Health Act, to process claims for payment relating to the provision of pharmaceutical benefits and to make payments of those claims;
	(h)	to process, on behalf of the Repatriation Commission, claims for payment relating to the provision of pharmaceutical benefits under section 91 of the Veterans’ Entitlements Act 1986 and to make payments of those claims;
	(i)	to devise and implement measures intended to prevent, or facilitate the detection of, contraventions of Part VII of the  National Health Act or the National Health (Pharmaceutical Benefits) Regulations;
	(j)	to investigate cases where there are reasonable grounds to suspect that an act done by a person in relation to the provision of a pharmaceutical benefit may constitute an offence under the National Health Act, the Crimes Act 1914 or the National Health (Pharmaceutical Benefits) Regulations and, where an investigation discloses that there is sufficient evidence to warrant a prosecution, to refer the case investigated and the information obtained in the course of the investigation to the Australian Federal Police or the Director of Public Prosecutions;
	(k)	to undertake, on behalf of the Commonwealth, action (including the institution of legal proceedings) to recover from a person an amount in respect of a pharmaceutical benefit that is recoverable by the Commonwealth from that person under the National Health Act, the National Health (Pharmaceutical Benefits) Regulations or otherwise;
	(l)	on behalf of the Secretary to the Department, to certify in accordance with section 139A of the National Health Act in relation to medical practitioners, dental practitioners, pharmacists and hospital authorities.
3F	Additional functions of the Commission: planning and preparation in relation to legislative proposals
	(1)	For the purposes of subsection 8AA (2) of the Act, the following function is prescribed, namely, to undertake preparatory work in relation to a legislative proposal referred to the Commission by the Minister.
	(2)	In subregulation (1), legislative proposal means:
	(a)	a Bill that has been introduced into the Parliament; or
	(b)	a proposal for a Bill; or
	(c)	draft regulations.
3G	Additional functions of the Commission: Hib vaccinations
	(1)	For the purposes of subsection 8AA (2) of the Act, the following functions are prescribed:
	(a)	on behalf of the Commonwealth, to assist Hib vaccination claims; and
	(b)	on behalf of the Commonwealth, to make payments in respect of valid Hib vaccination claims.
	(2)	In this regulation:
Hib vaccination claim means a claim by an individual for the cost of purchase, during the period from 1 April 1993 to 30 June 1995 (both dates inclusive), of vaccine against Haemophilus influenzae  type b for administration to infants aged under 5 years on the date of purchase.
3H	Functions of the Commission: claims by, and payments to, hearing services providers
	(1)	For subsection 8AA (2) of the Act, the following functions are prescribed:
	(a)	the function of a claims acceptance body for section 21 of the Hearing Services Administration Act 1997; and
	(b)	the function of a claims payment body for that section.
	(2)	Subregulation (1) has effect only when a declaration that the Commission is a body mentioned in that subregulation is in force.
	(3)	In carrying out a function prescribed by this regulation, the Commission may disclose the following information to the Department about a claim accepted or paid by the Commission:
	(a)	client number;
	(b)	voucher number;
	(c)	date on which the claim was given to the Commission;
	(d)	date on which the claim was processed by the Commission;
	(e)	date of the service to which the claim relates;
	(f)	provider number;
	(g)	practitioner number;
	(h)	site identification;
	(i)	item number;
	(j)	hearing loss details for right and left ears;
	(k)	details of the device fitted to the client, whether fitted to the left or right ear, and fitting configuration;
	(l)	date on which the device was fitted;
	(m)	details of top-up devices;
	(n)	contracted service provider’s certification details;
	(o)	client certification details;
	(p)	cost to the client;
	(q)	payment details;
	(r)	a code showing the reason a claim or an element of a claim was rejected;
	(s)	any other details about the processing of the claim.
	(4)	In carrying out a function prescribed by this regulation, the Commission may recover, on behalf of the Commonwealth, a service provider debt, the existence of which:
	(a)	is apparent from the records of the Commission; or
	(b)	is made known to the Commission by the Department.
	(5)	The Commission may deduct the amount of a service provider debt from an amount it would otherwise pay to a contracted service provider in performance of the functions prescribed by this regulation.
	(6)	In this regulation:
	(a)	client means a person who received a hearing service for which a claim has been made;
	(b)	the following expressions have the same meaning as in the provision of the Hearing Services Administration Act 1997 mentioned:
	(i)	contracted service provider — section 4;
	(ii)	hearing service — section 4;
	(iii)	service provider debt — subsection 24 (1);
	(iv)	voucher — section 4.
3J	Additional functions of the Commission in relation to Diabetes Australia
		For the purposes of subsection 8AA (2) of the Act, it is a prescribed function of the Commission to make contractual payments, on behalf of the Commonwealth, to Diabetes Australia for the purposes of funding the scheme known as the National Diabetic Supplies Scheme.
3K	Additional functions of the Commission in relation to certain committees
	(1)	For the purposes of subsection 8AA (2) of the Act, it is a prescribed function of the Commission:
	(a)	to prepare material for meetings of a prescribed committee; and
	(b)	to draft minutes of those meetings; and
	(c)	to prepare notices from:
	(i)	the chairperson of a prescribed committee regarding decisions of the committee; or
	(ii)	the Minister regarding decisions of a prescribed committee; and
	(d)	to prepare on behalf of a prescribed committee statements of reasons and responses to persons who have applied to the committee for recognition; and
	(e)	to arrange appointments of members (including acting members) of a prescribed committee and of consultants to a prescribed committee; and
	(f)	to prepare instruments of referral of matters to a prescribed committee; and
	(g)	to prepare determinations for the Minister in relation to matters on which a prescribed committee has advised the Minister; and
	(h)	to arrange travel, and payment of sitting fees and expenses, for members (including acting members) of a prescribed committee; and
	(j)	in relation to a Medical Benefits (Dental Practitioners) Committee — to maintain a register of medical practitioners who are approved for the purposes of the scheme known as the Cleft Lip and Cleft Palate Scheme; and
	(k)	in relation to a Medical Benefits (Dental Practitioners) Committee — for the purposes of administering the scheme known as the Cleft Lip and Cleft Palate Scheme:
	(i)	to maintain a register of medical practitioners and dental practitioners who are approved for the purpose of certifying that a patient has a cleft lip or a cleft palate and is therefore eligible for the Scheme; and
	(ii)	to register applications by patients for admission to the Scheme; and
	(iii)	to issue a numbered card to each patient under the Scheme for facilitating payment to the patient of medicare rebates related to the Scheme.
	(2)	In this regulation:
prescribed committee means:
	(a)	a Vocational Registration Eligibility Committee; or
	(b)	the Vocational Registration Appeal Committee; or
	(c)	a Specialist Recognition Advisory Committee; or
	(d)	the Specialist Recognition Appeal Committee; or
	(e)	a Medical Benefits (Dental Practitioners) Committee.
3L	Additional functions of the Commission in relation to undertakings by optometrists
	(1)	For the purposes of subsection 8AA (2) of the Act, it is a prescribed function of the Commission:
	(a)	on behalf of the Commonwealth, to process undertakings by optometrists that are given to the Minister for the purposes of section 23B of the Health Insurance Act; and
	(b)	on behalf of the Minister:
	(i)	to accept an undertaking; or
	(ii)	to refer to an Optometrical Services Committee of Inquiry for inquiry and report the question whether the Minister would be justified in refusing to accept an undertaking; or
	(iii)	to refuse to accept an undertaking; and
	(c)	to serve notice on an optometrist, in accordance with subsection 23B (3) of that Act, notification of acceptance or refusal to accept the optometrist’s undertaking.
	(2)	In this regulation:
optometrist has the same meaning as in section 23A of the Health Insurance Act.
undertaking means an undertaking in accordance with the common form of undertaking as drawn up or varied from time to time under section 23A of the Health Insurance Act.
3M	Additional functions of the Commission in relation to pathology laboratories and specimen collection centres
	(1)	For the purposes of subsection 8AA (2) of the Act, it is a prescribed function of the Commission:
	(a)	to undertake, on behalf of the Minister, the following functions under Division 4 or Division 4A of Part IIA of the Health Insurance Act or under any applicable principles determined under a provision of either of those Divisions:
	(i)	the approval in principle, and the approval, of premises as an accredited pathology laboratory; and
	(ii)	the refusal to approve premises as an accredited pathology laboratory; and
	(iii)	the variation or revocation of an approval of a kind mentioned in subparagraph (i); and
	(iv)	the determination of a qualification to be equivalent to a qualification referred to in:
	(A)	paragraph (a) or (b) of the definition of scientist in subsection 23DNA (4) of the Health Insurance Act; or
	(B)	paragraph (a) or (b) of the definition of senior scientist in that subsection; and
	(iva)	the grant of an approval under section 23DNBA of that Act for an eligible collection centre;
	(ivb)	the allocation of an identification number to each approved collection centre;
	(x)	the revocation of an approval granted under section 23DNBA of that Act;
	(xi)	the cancellation of an approval granted under section 23DNBA of that Act;
	(xii)	if an approval granted under section 23DNBA of that Act is cancelled — the payment of a partial refund of the tax paid on the grant of the approval;
	(xiii)	the nomination of a person to be an authorised person; and
	(b)	to review, on behalf of the Minister in the performance of his or her functions under section 23DO of the Health Insurance Act, a decision:
	(i)	not to grant an approval under section 23DNBA of that Act for an eligible collection centre; or
	(ii)	to revoke, under section 23DNG of that Act, an approval granted under section 23DNBA of that Act; or
	(iv)	not to determine, under:
	(A)	paragraph (c) of the definition of scientist in subsection 23DNA (4) of that Act; or
	(B)	paragraph (c) of the definition of senior scientist in that subsection;
		that a qualification is equivalent to a qualification referred to in paragraph (a) or (b) of the relevant definition.
	(2)	In this regulation, a word or expression that is defined for the purposes of:
	(a)	the Health Insurance Act; or
	(b)	Part IIA of that Act; or
	(c)	Division 4A, or a section of Division 4A, of that Part;
		has the meaning assigned to it by that definition.
3N	Additional functions of the Commission in relation to the Medicare Benefits Advisory Committee
	(1)	For the purposes of subsection 8AA (2) of the Act, it is a prescribed function of the Commission to provide to the Medicare Benefits Advisory Committee all clerical or administrative support services that are necessary or convenient for the performance of the Committee’s functions under section 67 of the Health Insurance Act.
	(2)	The function prescribed in subregulation (1) includes, in particular:
	(a)	preparing and distributing briefing material for consideration by the Committee; and
	(b)	drafting reports of the Committee; and
	(c)	arranging travel, and payment of sitting fees and expenses, for members (including acting members) of the Committee; and
	(d)	preparing notices by delegates of the Minister to appellants regarding the results of appeals; and
	(e)	distributing circulars setting out, by way of precedents, decisions arising out of recommendations of the Committee; and
	(f)	preparing references under section 12 of the Health Insurance Act by the Minister to the Committee.
	(3)	In this regulation:
Medicare Benefits Advisory Committee means the committee of that name established under subsection 66 (1) of the Health Insurance Act.
3R	Use of Australian Childhood Immunisation Register for childcare rebate
	(1)	In performing the additional functions conferred on the Commission under section 39A of the Childcare Rebate Act 1993, the Commission may use the information in the Australian Childhood Immunisation Register for satisfying itself about a matter mentioned in subsection 39A (3) of that Act.
	(2)	For subregulation (1), the Australian Childhood Immunisation Register is the register of that name kept under section 46B of the Health Insurance Act 1973.
3S	Additional functions of the Commission — registration of sonographers
	(1)	For the purposes of subsection 8AA (2) of the Act, it is a prescribed function of the Commission to establish and maintain a Register of Sonographers (the Register).
	(2)	The Register may be maintained in any form, including the form of a computer record.
	(3)	The Commission must, within the required period under subregulation (5), enter a person’s name in the Register if:
	(a)	the person is eligible for registration as a sonographer; and
	(b)	the Commission receives:
	(i)	a written notice from the Australasian Sonographer Accreditation Registry (ASAR) stating that the person is registered as a sonographer by ASAR; or
	(ii)	an application for registration that complies with subregulation (4).
Note for subparagraph (b) (i)   The notice may be given electronically.
	(4)	An application by a person for registration as a sonographer must:
	(a)	be in writing; and
	(b)	state the basis, under subregulation (10), on which the person is eligible for registration; and
	(c)	request that the person’s name be included in the Register of Sonographers.
	(5)	For the purposes of subregulation (3), the required period is:
	(a)	if a notice from ASAR is received by the Commission under subparagraph (3) (b) (i) — the period of 14 days after the notice is received; and
	(b)	if an application for registration is received by the Commission under subparagraph (3) (b) (ii) — the period of 28 days after the application is received.
	(6)	If a person is eligible for registration under paragraph (10) (b) and the Commission enters the person’s name in the Register, the Commission must include in the Register an indication that the person is a student.
	(7)	The Commission must remove a person’s name from the Register if:
	(a)	the person has ceased to be eligible for registration as a sonographer; or
	(b)	the person is not a participant in the Continuing Professional Development Program for sonographers administered by the Commission and ASAR; or
	(c)	the person was, at the time of registration by the Commission, registered as a sonographer by ASAR, and the Commission receives a written notice from ASAR stating that the person is no longer registered as a sonographer by ASAR; or
	(d)	the Commission receives a written request from the person asking for the person’s name to be removed from the Register.
	(8)	Before removing a person’s name from the Register, the Commission must give the person written notice that the person’s name is to be removed from the Register.
	(9)	A notice given under subregulation (8) must specify the day, being a day that is at least 28 days after the day when the notice is given, when the person’s name is to be removed from the Register.
	(10)	For this regulation, a person is eligible for registration as a sonographer if:
	(a)	the person holds an accredited postgraduate qualification in medical ultrasound; or
	(b)	the person is undertaking an accredited course of study in medical ultrasound or an accredited Diploma of Medical Ultrasound; or
	(c)	the person has at least 5 years clinical experience before 1 November 2001 working as a sonographer in Australia or New Zealand under the supervision, or at the direction, of a medical practitioner; or
	(d)	on 1 November 2001, the person is not eligible for registration as a sonographer under paragraph (a), (b) or (c) but the person has, before that date, worked as a sonographer in Australia or New Zealand under the supervision, or at the direction, of a medical practitioner.
	(11)	A person who is eligible for registration as a sonographer under paragraph (10) (d) ceases to be eligible for registration at the end of 31 December 2004 unless, before that date:
	(a)	the person becomes eligible for registration under paragraph (10) (a) or (b); or
	(b)	the person undergoes a competency assessment administered by ASAR and is assessed as being competent to work as a sonographer under the supervision, or at the direction, of a medical practitioner.
	(12)	In this regulation:
accredited, in relation to a course of study or qualification in medical ultrasound, means accredited by ASAR.
3T	Additional functions of the Commission — Register relating to mental health care
	(1)	For subsection 8AA (2) of the Act, it is a prescribed function of the Commission to establish and maintain a register (the Register) of general practitioners who may participate in the Better Outcomes in Mental Health Care Initiative administered by the Department of Health and Ageing (the Initiative).
	(2)	The Register may be maintained in any form, including the form of a computer record.
	(3)	The Commission must enter a person’s name in the Register within 14 days of receiving a written notice from the relevant accreditation body stating that the person meets the requirements for participation in the Initiative.
	(4)	After a person’s name has been entered in the Register, the Commission must give a written notice to the person and to the relevant accreditation body stating:
	(a)	that the person’s name has been entered in the Register; and 
	(b)	the day on which the person’s name was entered. 
	(5)	In this regulation:
general practitioner means a medical practitioner (other than a specialist or consultant physician) who practices in general practice.
relevant accreditation body means the General Practice Mental Health Standards Collaboration.
4	Additional functions of the Commission
		For the purposes of subsection 8AA (2) of the Act, the following functions are prescribed, namely, to process, on behalf of the Repatriation Commission, claims for payment submitted to the Repatriation Commission in respect of the provision of medical treatment to persons under Division 2 of Part IV of the Seamen’s War Pensions and Allowances Regulations and Part V of the Veterans’ Entitlements Act 1986 and to prepare, on behalf of the Repatriation Commission, cheques for the payment of those claims.
4A	Additional functions of the Commission — consultancy services, management services and information technology services
	(1)	For the purposes of subsection 8AA (2) of the Act, the following functions of the Commission are prescribed:
	(a)	to enter into agreements with other persons (including the Governments of other countries) for the provision by the Commission of consultancy and management services relating to any of the expertise that the Commission has acquired in performing its other functions;
	(b)	to provide, to the Commonwealth or a body established by a law of the Commonwealth:
	(i)	services relating to any of the expertise that the Commission has, in performing its other functions, acquired in a field of information technology; or
	(ii)	equipment for use in the provision of information technology services.
	(2)	The Commission may perform its functions under this regulation to the extent only that they are not in excess of functions that may be conferred on it by virtue of any of the legislative powers of the Parliament and, in particular, may perform its functions:
	(a)	for purposes related to money appropriated for the purposes of the Commonwealth; or
	(b)	for purposes related to the executive power of the Commonwealth; or
	(c)	for purposes related to insurance (other than State insurance) not extending beyond the limits of the State concerned; or
	(d)	for purposes related to pharmaceutical, sickness and hospital benefits and medical and dental services; or
	(e)	for purposes related to external affairs; or
	(f)	for purposes related to matters incidental to the execution of any of the legislative powers of the Commonwealth or the executive power of the Commonwealth.
4B	Contractual limit
		For the purposes of subsection 38 (1) of the Act, the amount of $10,000,000 is prescribed.
5	Prescribed period for purposes of paragraph 41C (8) (a) of Act
		For the purposes of paragraph 41C (8) (a) of the Act, the prescribed period is the period of 2 years that commenced on 1 January 1981.
6	Previous employment to be taken into account
	(1)	Subregulation (2) applies to an officer who:
	(a)	became an officer before 8 August 1975;
	(b)	ceased to be employed by a registered organization specified in Schedule 1 on or after 1 July 1975 and before 1 July 1978 and became an officer within 12 months after so ceasing to be employed by that organization; or
	(c)	ceased to be employed by a registered organization specified in column 1 of Schedule 2 on or after 1 July 1975 and before the date specified in relation to that organization in column 2 of Schedule 2 and became an officer within 12 months after so ceasing to be employed by that organization.
	(2)	The previous employment of an officer to whom this subregulation applies in the service of a registered organization, being employment in the service of that organization that would, immediately before he ceased to be employed in the service of that organization, have been taken into account for the purposes of determining his entitlement to long service leave under the terms of his employment in the service of that organization, shall be taken into account for the purposes of section 6 of the Commonwealth Employees’ Furlough Act 1943 as if that previous employment were employment in the service of an authority of the Commonwealth.

Schedule 1	  
(regulation 6 (1))
  
Army Health Benefits Society 
Associated Pulp and Paper Makers’ Council Medical Benefits Fund 
Australian Catholic Guild Friendly Society 
Coats Patons Employees’ Mutual Benefit Society and Hospital and Medical Benefit Association 
Commonwealth Bank Health Society 
Electrolytic Zinc Employees’ Medical Union 
E. R. & S. Hospital and Medical Club 
Goldfields Medical Fund (Incorporated) 
Hibernian Australasian Catholic Benefit Society of New South Wales 
Independent Order of Odd Fellows of the State of New South Wales 
Independent Order of Odd Fellows of Victoria 
Latrobe Valley Hospitals and Health Services Association 
Local Government Employees’ Medical and Hospital Club 
Naval Health Benefits Society 
Newcastle Industrial Benefits Limited 
New South Wales District, No. 85, Independent Order of Rechabites, Salford Unity, Friendly Society 
New South Wales Teachers’ Federation Health Society 
Northern District Miners’ Medical Fund 
Pemberton Medical Accident and Hospital Fund 
Queensland Teachers’ Union Health Society 
Queenstown Medical Union Ancillary Medical Benefits Fund 
Reserve Bank Health Society 
Rosebery Hospital & Medical Benefits Society 
Tasmanian Government Insurance Office Medical Benefits Plan 
The Hunter Medical Benefit Fund Limited 
The Lysaght Hospital & Medical Club 
The Manchester Unity Independent Order of Oddfellows Friendly Society in Queensland 
The Mildura District Hospital & Medical Fund 
The Phoenix Welfare Association Limited 
The Store Hospital and Medical Fund 
The Victorian District Independent Order of Rechabites Friendly Society 
Tramways Benefit Society 
Western District Medical Benefits Fund 
Schedule 2	  
(regulation 6 (1)) 

Column 1 	Column 2 	
Name of organization 	Date 	
Post Office Mutual Benefits Society of N.S.W. 	17 December 1975	

Notes to the Health Insurance Commission Regulations 1975
Note 1
The Health Insurance Commission Regulations 1975 (in force under the Health Insurance Commission Act 1973) as shown in this compilation comprise Statutory Rules 1975 No. 27 amended as indicated in the Tables below. 
The Health Insurance Commission Regulations 1975 were amended by the Health Legislation Amendment Act 1983 and the Health Insurance Commission (Reform and Separation of Functions) Act 1997. The amendments are incorporated in this compilation. For application, saving or transitional provisions relating to these amendments see the Health Insurance Commission (Reform and Separation of Functions) Act 1997.
Table of Statutory Rules
Year and 
number	Date of notification 
in Gazette	Date of
commencement	Application, saving or
transitional provisions	
1975 No. 27	25 Feb 1975	19 Sept 1974		
1976 No. 21	30 Jan 1976	30 Jan 1976	—	
1976 No. 146	22 July 1976	22 July 1976	—	
1982 No. 249	1 Oct 1982	1 Oct 1982	—	
1983 No. 88	30 June 1983	30 June 1983	—	
1983 No. 152	1 Sept 1983	R. 1: 29 Oct 1982
Remainder: 
1 Sept 1983	—	
1984 No. 321	2 Nov 1984	2 Nov 1984	—	
1985 No. 41	24 Apr 1985	24 Apr 1985	—	
1985 No. 70	20 May 1985	20 May 1985	—	
1986 No. 127	6 June 1986	6 June 1986	—	
1987 No. 165	31 July 1987	1 Aug 1987	—	
1989 No. 55	14 Apr 1989	14 Apr 1989	—	
1989 No. 96	26 May 1989	R. 3: 24 Apr 1985
Rr. 2 and 4: 
22 May 1986
Remainder: 
26 May 1989	R. 5	
1989 No. 195	17 July 1989	17 July 1989	—	
1991 No. 443	19 Dec 1991	19 Dec 1991	—	
1992 No. 241	29 July 1992	29 July 1992	—	
1993 No. 81	17 May 1993	17 May 1993	—	
1993 No. 89	28 May 1993	1 May 1993	—	
1993 No. 197	20 July 1993	1 May 1993	—	
1993 No. 217	17 Aug 1993	1 Apr 1993	—	
1994 No. 102	19 Apr 1994	19 Apr 1994	—	
1994 No. 257	28 July 1994	28 July 1994	R. 4	
1994 No. 404	8 Dec 1994	8 Dec 1994	—	
1994 No. 450	30 Dec 1994	Rr. 3 and 4.4-4.6:
9 June 1993
Remainder: 
30 Dec 1994	—	
1995 No. 24	28 Feb 1995	28 Feb 1995	—	
1995 No. 286	10 Oct 1995	10 Oct 1995	—	
1995 No. 375	6 Dec 1995	1 Jan 1996	—	
1995 No. 440	22 Dec 1995	1 Jan 1996	—	
1996 No. 159	24 July 1996	1 Aug 1996	—	
1996 No. 322	23 Dec 1996	1 Dec 1996	—	
1997 No. 286	8 Oct 1997	8 Oct 1997	—	
1997 No. 332	3 Dec 1997	3 Dec 1997	—	
1997 No. 396	24 Dec 1997	1 Jan 1998	—	
1998 No. 67	24 Apr 1998	27 Apr 1998 (see r. 1 and Gazette 1998, No. S167)	—	
1998 No. 103	27 May 1998	27 May 1998	—	
1998 No. 124	9 June 1998	R. 4: 15 June 1998
Remainder: 10 June 1998	—	
2001 No. 276	5 Oct 2001	Rr. 1–3 and Schedule 1: 5 Oct 2001
Remainder: 1 Dec 2001 (see r. 2 and Gazette 2001, No. GN41)	—	
2001 No. 277	5 Oct 2001	5 Oct 2001	—	
2002 No. 142	27 June 2002	1 July 2002	—	

Table of Amendments
ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted	
Provision affected	How affected	
R. 1		rs. 2001 No. 277	
R. 2A		ad. 1976 No. 146	
	am. 1987 No. 165; 1989 Nos. 96 and 195	
R. 2AB		ad. 1994 No. 450	
	am. Act No. 159, 1997	
R. 3		rep. 1982 No. 249	
	ad. 1983 No. 88	
	rep. Act No. 54, 1983	
	ad. 1985 No. 70	
	am. 1987 No. 165; 1992 No. 241; 1994 No. 257; 1996 No. 322; Act No. 159, 1997; 1998 No. 103	
R. 3A		ad. 1987 No. 165	
	am. 1994 No. 257; Act No. 159, 1997	
R. 3B		ad. 1989 No. 55	
	am. Act No. 159, 1997	
R. 3C		ad. 1989 No. 55	
	am. 1989 No. 195; Act No. 159, 1997	
Rr. 3D, 3E		ad. 1989 No. 195	
	am. Act No. 159, 1997	
R. 3F		ad. 1992 No. 241	
	am. Act No. 159, 1997	
R. 3G		ad. 1993 No. 81	
	am. 1993 No. 217; Act No. 159, 1997	
R. 3H		ad. 1993 No. 89	
	am. Act No. 159, 1997	
	rs. 1997 No. 332	
Rr. 3J–3L		ad. 1994 No. 102	
	am. Act No. 159, 1997	
R. 3M		ad. 1994 No. 102	
	am. 1995 No. 24; Act No. 159, 1997; 2001 No. 276	
R. 3N		ad. 1994 No. 102	
	am. Act No. 159, 1997	
R. 3P		ad. 1994 No. 404	
	am. 1995 No. 286; 1996 Nos. 159 and 322; Act No. 159, 1997	
	rep. 1998 No. 124	
R. 3Q		ad. 1995 No. 375	
	am. 1995 No. 440; Act No. 159, 1997	
	rs. 1997 No. 286	
	rep. 1998 No. 124	
R. 3R 		ad. 1998 No. 67	
R. 3S		ad. 2001 No. 277	
R, 3T		ad. 2002 No. 142	
R. 4		rep. 1982 No. 249	
	ad. 1983 No. 152	
	rs. 1985 No. 41	
	am. 1989 No. 96; Act No. 159, 1997; 2001 No. 277	
R. 4A		ad. 1985 No. 41	
	rs. 1989 No. 195	
	am. 1993 Nos. 81 and 197; 1994 Nos. 404 and 450; 1995 Nos. 24 and 375	
	rs. Act No. 159, 1997	
	am. 1997 No. 396	
R. 4B		ad. 1986 No. 127	
	am. 1991 No. 443	
R. 5		rs. 1976 No. 21	
	rep. 1982 No. 149	
	ad. 1984 No. 321	
R. 6		ad. 1976 No. 146	
Schedules 1, 2		ad. 1976 No. 146	
Schedule 2A		ad. 1996 No. 159	
	rep. 1998 No. 124	
Schedule 3		ad. 1995 No. 375 	
	rep. 1997 No. 286