This instrument is the Human Services (Medicare) Amendment (Allocation of Identification Numbers) Regulations 2026.

(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. Sections 1 to 4 and anything in this instrument not elsewhere covered by this table	The day after this instrument is registered.	10 February 2026
2. Schedule 1	The day after this instrument is registered.	10 February 2026
3. Schedule 2	At the same time as Schedule 1 to the Health Legislation Amendment (Miscellaneous Measures No. 1) Act 2025 commences.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3 Authority

This instrument is made under the Human Services (Medicare) Act 1973.

4 Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments commencing day after registration

Human Services (Medicare) Regulations 2017

1 Section 5

Insert:

allocation considerations: see subsection 34A(2).

compliant manual application: see subsection 35A(4).

compliant online application: see subsection 35A(3).

default resumption day, in relation to an application to lift the suspension of an allocation of an identification number: see subsection 35C(4).

default start day, in relation to an application for an identification number to be allocated to a person for a place of practice: see subsection 35(4).

HPOS system means the Health Professional Online Services system maintained by Services Australia.

ineligible for benefits: see subsection 34A(3).

2 Section 35

Repeal the section, substitute:

34A Identification numbers—preliminary

(1) Sections 35 to 35F set out prescribed functions of the Chief Executive Medicare in relation to the allocation of identification numbers to persons for places of practice for the purposes of either or both of the following:

(a) the Health Insurance Act;

(b) the Dental Benefits Act 2008.

Note: This section, and sections 35 to 35G, will be repealed when Schedule 1 to the Health Legislation Amendment (Miscellaneous Measures No. 1) Act 2025 commences (see Schedule 2 to the Human Services (Medicare) Amendment (Allocation of Identification Numbers) Regulations 2026).

Allocation considerations

(2) For the purposes of sections 35 to 35F, the allocation considerations, in relation to the allocation of an identification number to a person for a place of practice or the lifting of the suspension of the allocation of an identification number to a person for a place of practice, are:

(a) the purposes of, the operation of, and the efficient administration of, either or both of the following (as applicable):

(i) the Health Insurance Act;

(ii) the Dental Benefits Act 2008; and

(b) the purposes for which identification numbers may be used.

When a person is ineligible for benefits at a place of practice on a day

(3) For the purposes of sections 35 to 35F, a person is ineligible for benefits at a place of practice on a day if, on that day, there is no professional service or dental service that could be rendered by or on behalf of the person at the place of practice in respect of which a medicare benefit or dental benefit would be payable under the Health Insurance Act or the Dental Benefits Act 2008, assuming that, on that day:

(a) an identification number had been allocated to the person for the place of practice; and

(b) the allocation was in effect.

35 Identification numbers—allocation rules

Who is covered by this section?

(1) A person is covered by this section if:

(a) the person is any of the following (within the meaning of the Health Insurance Act):

(i) a practitioner;

(ii) an approved pathology practitioner;

(iii) a participating midwife;

(iv) a participating nurse practitioner;

(v) an optometrist; or

(b) the person provides, or intends to provide, a health service determined under subsection 3C(1) of the Health Insurance Act.

Allocation—mandatory rule

(2) Subject to subsections (6) to (8), if:

(a) a person is covered by this section; and

(b) the person applies to the Chief Executive Medicare for an identification number to be allocated to the person for a place of practice; and

(i) the application is a compliant online application; and

(ii) the application does not require additional verification (see subsection (3)); and

(d) if the application is not made using the HPOS system:

(i) the application is a compliant manual application; and

(ii) if the Chief Executive Medicare has requested, in writing, that the person give the Chief Executive Medicare specified additional information or documents in connection with the application—the person has complied with the request;

then the Chief Executive Medicare must allocate an identification number to the person for the place of practice, with effect from the default start day in relation to the person’s application (see subsection (4)).

Note: For HPOS system, see section 5. For compliant online application and compliant manual application, see section 35A.

(3) For the purposes of subparagraph (2)(c)(ii), an application made using the HPOS system requires additional verification if:

(a) the HPOS system requires one or more documents to accompany the application; or

(b) the Chief Executive Medicare has requested, in writing, that the person give the Chief Executive Medicare specified additional information or documents in connection with the application.

(4) For the purposes of this section, the default start day in relation to an application for an identification number to be allocated to a person for a place of practice is the following:

(a) for an application that is made using the HPOS system:

(i) if the application specifies a day on which the allocation should take effect, and that day is after the day on which the application is made—the day specified in the application; or

(ii) otherwise—the day on which the application is made;

(b) for an application that is not made using the HPOS system:

(i) if the application specifies a day on which the allocation should take effect (whether that day is the day on which the application is made or an earlier or later day)—the day specified in the application; or

(ii) otherwise—the day on which the application is made.

Allocation—discretions

(5) If:

(a) the conditions in paragraphs (2)(a) and (b) are met; and

(b) the conditions in paragraph (2)(c) or (d) (whichever applies) are not met;

then the Chief Executive Medicare may, if the Chief Executive Medicare is satisfied (having regard to the allocation considerations) that it would be appropriate to do so, allocate an identification number to the person for the place of practice, with effect from the default start day in relation to the person’s application.

(6) If:

(a) the conditions in paragraphs (2)(a) to (d) (to the extent that they apply) are all met; and

(b) the person is ineligible for benefits at the place of practice on the default start day in relation to the person’s application;

then the Chief Executive Medicare may refuse to allocate an identification number to the person for the place of practice.

(7) If:

(a) the conditions in paragraphs (2)(a) and (b) are met (whether or not the conditions in paragraph (2)(c) or (d) (whichever applies) are met); and

(b) the person is ineligible for benefits at the place of practice on the default start day in relation to the person’s application; and

(c) there is an identifiable day (being a day after the default start day) on which the person will no longer be ineligible for benefits at the place of practice;

then the Chief Executive Medicare may allocate an identification number to the person for the place of practice with effect from the earliest such identifiable day.

(8) If:

(a) the conditions in paragraphs (2)(a) to (d) (to the extent that they apply) are all met; and

(b) either:

(i) the person has not provided a street address for the place of practice; or

(ii) information included in, or documents accompanying, the person’s application, or information or documents given by the person to the Chief Executive Medicare in connection with that application, are false or misleading in a material respect;

then the Chief Executive Medicare may refuse to allocate an identification number to the person for the place of practice.

(9) To avoid doubt:

(a) subsections (5) to (8) do not impose any obligation on the Chief Executive Medicare to consider whether to exercise any of the discretions of the Chief Executive Medicare under those subsections; and

(b) if the Chief Executive Medicare does not consider whether to exercise the discretion of the Chief Executive Medicare under one of those subsections, then that subsection does not apply in relation to the person and the place of practice.

35A Identification numbers—compliant applications

(1) This section sets out when an application of a kind specified by subsection (2) is a compliant online application or a compliant manual application.

(2) The following kinds of applications are specified:

(a) an application for an identification number to be allocated to a person for a place of practice;

(b) an application to lift the suspension of an allocation of an identification number.

Compliant online applications

(3) An application is a compliant online application if the application:

(a) is from a single person (whether the application relates to a single place of practice or more than one place of practice); and

(b) is made using the HPOS system; and

(d) is accompanied by the documents (if any) required by the HPOS system to accompany the application.

Compliant manual applications

(4) An application is a compliant manual application if the application:

(a) is from a single person (whether the application relates to a single place of practice or more than one place of practice); and

(b) is not made using the HPOS system; and

(c) is in a form that has been approved by the Chief Executive Medicare, or by a Departmental employee, for the purposes of making applications of a kind specified in paragraph (2)(a) or (b) (whichever applies); and

(d) includes the information required by that form to be included in the application; and

(e) is accompanied by the documents (if any) required by that form to accompany the application; and

(f) is made in a manner (if any) approved by the Chief Executive Medicare, or by a Departmental employee, for the purposes of making applications of the kind specified in paragraph (2)(a) or (b) (whichever applies).

Note: For Departmental employee, see section 3 of the Act.

35B Identification numbers—suspending allocations

Suspension—mandatory rule

(1) Subject to subsection (2), if:

(a) a person has been allocated an identification number for a place of practice; and

(b) the person has requested, in writing, that the Chief Executive Medicare suspend the allocation;

then the Chief Executive Medicare must suspend the allocation, with effect from:

(c) if the person’s request specified a day from which the allocation should be suspended, and that day is after the day on which the request was made—the day specified in the request; and

(d) otherwise—the day on which the request was made.

Suspension—discretions

(2) If:

(a) a person has been allocated an identification number for a place of practice; and

(b) the person is ineligible for benefits at the place of practice on the decision day for suspending the allocation;

then the Chief Executive Medicare may suspend the allocation, with effect from such a day as the Chief Executive Medicare considers appropriate, which must not be earlier than the decision day.

Note: This subsection applies whether or not the person has requested in writing that the Chief Executive Medicare suspend the allocation.

(3) For the purposes of subsection (2), the decision day for suspending the allocation is the day (if any) on which the Chief Executive Medicare decides whether to suspend the allocation under subsection (2).

(4) To avoid doubt:

(a) subsection (2) does not impose any obligation on the Chief Executive Medicare to consider whether to exercise the discretion of the Chief Executive Medicare under that subsection; and

(b) if the Chief Executive Medicare does not consider whether to exercise the discretion of the Chief Executive Medicare under subsection (2), then that subsection does not apply in relation to the allocation of the identification number to the person for the place of practice.

35C Identification numbers—lifting suspensions

(1) This section applies if the allocation of an identification number to a person for a place of practice is suspended.

Lifting suspensions—mandatory rule

(2) Subject to subsections (6) to (8), if:

(a) the person is covered by section 35 (see subsection 35(1)); and

(b) the person applies to the Chief Executive Medicare to lift the suspension; and

(i) the application is a compliant online application; and

(ii) the application does not require additional verification (see subsection (3) of this section); and

(d) if the application is not made using the HPOS system:

(i) the application is a compliant manual application; and

then the Chief Executive Medicare must lift the suspension, with effect from the default resumption day in relation to the person’s application (see subsection (4) of this section).

Note: For HPOS system, see section 5. For compliant online application and compliant manual application, see section 35A.

(3) For the purposes of subparagraph (2)(c)(ii), an application made using the HPOS system requires additional verification if:

(a) the HPOS system requires one or more documents to accompany the application; or

(b) the Chief Executive Medicare has requested, in writing, that the person give the Chief Executive Medicare specified additional information or documents in connection with the application.

(4) For the purposes of this section, the default resumption day in relation to an application to lift a suspension is the following:

(a) for an application that is made using the HPOS system:

(i) if the application specifies a day on which the lifting of the suspension should take effect, and that day is after the day on which the application is made—the day specified in the application; or

(ii) otherwise—the day on which the application is made;

(b) for an application that is not made using the HPOS system:

(i) if the application specifies a day on which the lifting of the suspension should take effect (whether that day is the day on which the application is made or an earlier or later day)—the day specified in the application; or

(ii) otherwise—the day on which the application is made.

Lifting suspensions—discretions

(5) If:

(a) the conditions in paragraphs (2)(a) and (b) are met; and

(b) the conditions in paragraph (2)(c) or (d) (whichever applies) are not met;

then the Chief Executive Medicare may, if the Chief Executive Medicare is satisfied (having regard to the allocation considerations) that it would be appropriate to do so, lift the suspension, with effect from the default resumption day in relation to the person’s application.

(6) If:

(a) the conditions in paragraphs (2)(a) to (d) (to the extent that they apply) are all met; and

(b) the person is ineligible for benefits at the place of practice on the default resumption day in relation to the person’s application;

then the Chief Executive Medicare may refuse to lift the suspension.

(7) If:

(a) the conditions in paragraphs (2)(a) and (b) are met (whether or not the conditions in paragraph (2)(c) or (d) (whichever applies) are met); and

(b) the person is ineligible for benefits at the place of practice on the default resumption day in relation to the person’s application; and

(c) there is an identifiable day (being a day after the default resumption day) on which the person will no longer be ineligible for benefits at the place of practice;

then the Chief Executive Medicare may lift the suspension with effect from the earliest such identifiable day.

(8) If:

(a) the conditions in paragraphs (2)(a) to (d) (to the extent that they apply) are all met; and

(b) information included in, or documents accompanying, the person’s application to lift the suspension, or information or documents given by the person to the Chief Executive Medicare in connection with that application, are false or misleading in a material respect;

then the Chief Executive Medicare may refuse to lift the suspension.

(9) To avoid doubt:

(a) subsections (5) to (8) do not impose any obligation on the Chief Executive Medicare to consider whether to exercise the discretions of the Chief Executive Medicare under those subsections; and

35D Identification numbers—revoking allocations

If a person has been allocated an identification number for a place of practice (whether or not the allocation is suspended), and the person dies, then the Chief Executive Medicare may revoke the allocation, with effect from the day on which the person died.

35E Identification numbers—notifying decisions

Decisions to allocate identification numbers under subsections 35(2), (5) and (7)

(1) For a decision under subsection 35(2), (5) or (7), the Chief Executive Medicare must cause the applicant for the decision to be notified in writing of the following:

(a) the decision;

(b) the identification number and the place of practice;

Decisions to refuse to allocate identification numbers under subsections 35(6) and (8)

(2) For a decision under subsection 35(6) or (8), the Chief Executive Medicare must cause the applicant for the decision to be notified in writing of the following:

(a) the decision;

(b) the reasons for the decision.

Decisions to suspend allocation of identification numbers under subsection 35B(1)

(3) For a decision under subsection 35B(1), the Chief Executive Medicare must:

(a) if the request for the suspension was made using the HPOS system—cause the HPOS system to be updated to show the person allocated the identification number that the suspension is in effect; or

(b) if the request for the suspension was not made using the HPOS system—cause the person allocated the identification number to be notified in writing of the following:

(i) the decision;

(ii) the day on which the suspension takes effect.

Decisions to suspend allocation of identification numbers under subsection 35B(2)

(4) For a decision under subsection 35B(2), the Chief Executive Medicare must cause the person allocated the identification number to be notified in writing of the following:

(a) the decision;

(b) the reasons for the decision;

Decisions to lift suspensions of allocations of identification numbers under subsections 35C(2), (5) and (7)

(5) For a decision under subsection 35C(2), (5) or (7), the Chief Executive Medicare must:

(a) if the application for the lifting of the suspension was made using the HPOS system—cause the HPOS system to be updated to show the person allocated the identification number that the suspension has been lifted; or

(b) if the application for the lifting of the suspension was not made using the HPOS system—cause the holder to be notified in writing of the following:

(i) the decision;

(ii) the day on which the lifting of the suspension takes effect.

Decisions to refuse to lift suspensions of allocations of identification numbers under subsection 35C(6) and (8)

(6) For a decision under subsection 35C(6) or (8), the Chief Executive Medicare must cause the person allocated the identification number to be notified in writing of the following:

(a) the decision;

(b) the reasons for the decision.

35F Identification numbers—Chief Executive Medicare’s reconsideration of decisions

(1) The person who is the subject of a decision of the following kind made by the Chief Executive Medicare may request, in writing, the Chief Executive Medicare to reconsider the decision:

(a) a decision under subsection 35(6) or (8) to refuse to allocate an identification number for a place of practice;

(b) a decision under subsection 35B(2) to suspend the allocation of an identification number;

(c) a decision under subsection 35C(6) or (8) to refuse to lift the suspension of the allocation of an identification number.

Timing of request

(2) The person must make the request in writing as follows:

(a) before the end of the period of 30 days beginning on the day on which the Chief Executive Medicare notifies the person of the decision, unless paragraph (b) applies;

(b) if the Chief Executive Medicare allows a longer period for making the request—before the end of that longer period.

Reasons for request

(3) The person must set out in the request the reasons for the request.

Withdrawal of request

(4) A person’s request for reconsideration of a decision made under subsection 35(6) or (8) to refuse to allocate an identification number for a place of practice is taken to have been withdrawn if:

(a) the person makes another application for the allocation of an identification number to the person for that place of practice; and

(b) the person makes the other application before the Chief Executive Medicare makes a decision under subsection (5) of this section on reconsideration of the decision made under subsection 35(6) or (8).

Decision on reconsideration

(5) The Chief Executive Medicare, on receiving a person’s request made in accordance with subsections (2) and (3):

(a) must affirm, vary or set aside the decision covered by subsection (1); and

(b) if the Chief Executive Medicare sets aside the decision—may make such other decision as the Chief Executive Medicare thinks appropriate.

(6) The Chief Executive Medicare must make the decision on reconsideration before the end of the following:

(a) the period of 60 days beginning on the day the Chief Executive Medicare receives the request, unless paragraph (b) applies;

(b) if the person and the Chief Executive Medicare agree on a longer period—that longer period.

Notice of decision on reconsideration

(7) The Chief Executive Medicare must give the person written notice of the Chief Executive Medicare’s decision on reconsideration and of the reasons for that decision.

Note: Section 266 of the Administrative Review Tribunal Act 2024 requires the person to be notified of the person’s review rights.

When decision on reconsideration takes effect

(8) The Chief Executive Medicare’s decision on reconsideration takes effect:

(a) on the day specified in the notice; or

(b) if a day is not specified in the notice—on the day on which that decision is made.

Chief Executive Medicare may be taken to have affirmed decision

(9) The Chief Executive Medicare is taken to have made a decision affirming the decision under reconsideration if the Chief Executive Medicare has not notified the person of the Chief Executive Medicare’s decision on reconsideration before the end of the period applicable under subsection (6).

35G Identification numbers—Administrative Review Tribunal review of decisions

Applications may be made to the Administrative Review Tribunal for review of a decision under subsection 35F(5) that is made, or a decision under subsection 35F(9) that is taken to have been made, by the Chief Executive Medicare.

3 Part 5 (after the heading)

Insert:

Division 1—Provisions relating to this instrument as made

4 After section 39

Insert:

Division 2—Provisions relating to the Aged Care Legislation Consequential Amendments Regulations 2025

5 In the appropriate position in Part 5

Insert:

Division 3—Provisions relating to the Human Services (Medicare) Amendment (Allocation of Identification Numbers) Regulations 2026

41 Identification numbers

(1) This section applies in relation to an identification number:

(a) that, before the commencement of this section, was allocated under section 35 of this instrument to a person in relation to a place of practice; and

(b) that was in effect immediately before that commencement.

(2) The identification number has effect (and may be dealt with) on and after that commencement as if it were an identification number allocated to that person for that place of practice under section 35 of this instrument as substituted by Schedule 1 to the Human Services (Medicare) Amendment (Allocation of Identification Numbers) Regulations 2026.

Schedule 2—Amendments commencing later

Human Services (Medicare) Regulations 2017

1 Section 5

Repeal the following definitions:

(a) definition of allocation considerations;

(b) definition of compliant manual application;

(d) definition of default resumption day;

(e) definition of default start day;

(f) definition of HPOS system;

(g) definition of ineligible for benefits.

2 Sections 34A to 35G

Repeal the sections.

3 Division 3 of Part 5

Repeal the Division.