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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Health Insurance Amendment (General
Practitioners and Quality Assurance) Bill
2020
No. , 2020
(Health)
A Bill for an Act to amend the
Health Insurance Act
1973
, and for other purposes
No. , 2020
Health Insurance Amendment (General Practitioners and Quality
Assurance) Bill 2020
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--General practitioners
3
Part 1--Amendments
3
Health Insurance Act 1973
3
Part 2--Application provisions
11
Part 3--Repeals
12
Health Practitioner Regulation (Consequential Amendments) Act
2010
12
Schedule 2--Quality assurance confidentiality
13
Part 1--Amendments
13
Health Insurance Act 1973
13
Part 2--Validation
14
No. , 2020
Health Insurance Amendment (General Practitioners and Quality
Assurance) Bill 2020
1
A Bill for an Act to amend the
Health Insurance Act
1
1973
, and for other purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Health Insurance Amendment (General
5
Practitioners and Quality Assurance) Act 2020
.
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 (General Practitioners and Quality
Assurance) Bill 2020
No. , 2020
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 12 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
3. Schedule 2
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
General practitioners
Schedule 1
Amendments
Part 1
No. , 2020
Health Insurance Amendment (General Practitioners and Quality
Assurance) Bill 2020
3
Schedule 1--General practitioners
1
Part 1--Amendments
2
Health Insurance Act 1973
3
1 Subsection 3(1) (definition of
chiropractor
)
4
Repeal the definition, substitute:
5
chiropractor
means a person who is registered under the National
6
Law in the chiropractic profession.
7
2 Subsection 3(1) (definition of
consultant physician
)
8
After "particular specialty", insert "(other than general practice)".
9
3 Subsection 3(1) (definition of
dental practitioner
)
10
Repeal the definition, substitute:
11
dental practitioner
means a person who is registered under the
12
National Law in the dental profession.
13
4 Subsection 3(1) (definition of
general practitioner
)
14
Repeal the definition, substitute:
15
general practitioner
means:
16
(a) a medical practitioner who is registered under the National
17
Law in the specialty of general practice; or
18
(b) a medical practitioner of a kind prescribed by the regulations
19
for the purposes of this paragraph.
20
5 Subsection 3(1) (definition of
medical practitioner
)
21
Repeal the definition, substitute:
22
medical practitioner
means a person who is registered under the
23
National Law in the medical profession.
24
6 Subsection 3(1) (definition of
midwife
)
25
Repeal the definition, substitute:
26
Schedule 1
General practitioners
Part 1
Amendments
4
Health Insurance Amendment (General Practitioners and Quality
Assurance) Bill 2020
No. , 2020
midwife
means a person who is registered under the National Law
1
in the midwifery profession.
2
7 Subsection 3(1)
3
Insert:
4
National Law
means:
5
(a) for a State or Territory (other than Western Australia)--the
6
Health Practitioner Regulation National Law set out in the
7
Schedule to the
Health Practitioner Regulation National Law
8
Act 2009
(Qld), as it applies (with or without modification) as
9
a law of the State or Territory; or
10
(b) for Western Australia--the
Health Practitioner Regulation
11
National Law (WA) Act 2010
(WA), so far as that Act
12
corresponds to the Health Practitioner Regulation National
13
Law set out in the Schedule to the
Health Practitioner
14
Regulation National Law Act 2009
(Qld).
15
8 Subsection 3(1) (definition of
nurse practitioner
)
16
Repeal the definition, substitute:
17
nurse practitioner
means a person who is registered under the
18
National Law in the nursing profession as a nurse practitioner.
19
9 Subsection 3(1) (definition of
optometrist
)
20
Repeal the definition, substitute:
21
optometrist
means a person who is registered under the National
22
Law in the optometry profession.
23
10 Subsection 3(1) (definition of
osteopath
)
24
Repeal the definition, substitute:
25
osteopath
means a person who is registered under the National
26
Law in the osteopathy profession.
27
11 Subsection 3(1) (definition of
physiotherapist
)
28
Repeal the definition, substitute:
29
General practitioners
Schedule 1
Amendments
Part 1
No. , 2020
Health Insurance Amendment (General Practitioners and Quality
Assurance) Bill 2020
5
physiotherapist
means a person who is registered under the
1
National Law in the physiotherapy profession.
2
12 Subsection 3(1) (definition of
podiatrist
)
3
Repeal the definition, substitute:
4
podiatrist
means a person who is registered under the National
5
Law in the podiatry profession.
6
13 Subsection 3(1) (definition of
registered nurse
)
7
Repeal the definition, substitute:
8
registered nurse
means a person who is registered under the
9
National Law in the nursing profession as a registered nurse.
10
14 Subsection 3(1) (definition of
specialist
)
11
After "particular specialty", insert "(other than general practice)".
12
15 Subsection 3(1) (definition of
vocationally registered
13
general practitioner
)
14
Repeal the definition.
15
16 Subsection 3D(1)
16
After "particular specialty", insert "(other than general practice)".
17
17 Paragraph 3D(2)(b)
18
After "specialty", insert "(other than general practice)".
19
18 Subsection 3D(3)
20
After "specialty", insert "(other than general practice)".
21
19 Subsection 3D(5) (definition of
relevant organisation
)
22
After "a specialty", insert "(other than general practice)".
23
20 Subsections 3DA(1) and (3)
24
Omit "specialty under", substitute "specialty (other than general
25
practice) under".
26
Schedule 1
General practitioners
Part 1
Amendments
6
Health Insurance Amendment (General Practitioners and Quality
Assurance) Bill 2020
No. , 2020
21 Subsection 3DB(1)
1
Omit "specialty if", substitute "specialty (other than general practice)
2
if".
3
22 Paragraph 3DB(1)(b)
4
Repeal the paragraph, substitute:
5
(b) the medical practitioner is registered under the National Law
6
as a specialist in a particular specialty (other than general
7
practice).
8
23 Subsection 3DB(2)
9
After "particular specialty", insert "(other than general practice)".
10
24 Subsections 3DC(1) and 3E(1)
11
After "specialty", insert "(other than general practice)".
12
25 Sections 3EA, 3EB, 3F, 3G and 3H
13
Repeal the sections.
14
26 Paragraphs 19AA(1)(a) and (2)(a)
15
Before "medical practitioner", insert "registered".
16
27 Subsection 19AA(4)
17
Before "medical practitioner" (wherever occurring), insert "registered".
18
28 Subsection 19AA(5) (definition of
intern
)
19
Before "medical practitioner" (wherever occurring), insert "registered".
20
29 Subsection 19AA(5)
21
Insert:
22
registered medical practitioner
means a person:
23
(a) registered under the National Law in the medical profession;
24
or
25
(b) registered or licensed as a medical practitioner under a law of
26
a State or Territory that provided for the registration or
27
licensing of medical practitioners (within the meaning of that
28
law).
29
General practitioners
Schedule 1
Amendments
Part 1
No. , 2020
Health Insurance Amendment (General Practitioners and Quality
Assurance) Bill 2020
7
30 Subsections 19AB(1) and (2)
1
Before "medical practitioner" (wherever occurring), insert "registered".
2
31 Subsection 19AB(7)
3
Insert:
4
registered medical practitioner
means a person:
5
(a) registered under the National Law in the medical profession;
6
or
7
(b) registered or licensed as a medical practitioner under a law of
8
a State or Territory that provided for the registration or
9
licensing of medical practitioners (within the meaning of that
10
law).
11
32 Subsection 19C(2)
12
Repeal the subsection.
13
33 Paragraphs 19C(3)(a) and (b)
14
Repeal the paragraphs, substitute:
15
(a) a medical practitioner is not authorised under the
16
practitioner's registration under the National Law to render a
17
particular professional service; and
18
(b) the medical practitioner renders such a service;
19
34 Paragraphs 19C(4)(a) and (b)
20
Repeal the paragraphs, substitute:
21
(a) a medical practitioner is authorised under the practitioner's
22
registration under the National Law to render a particular
23
professional service only in particular circumstances; and
24
(b) the medical practitioner renders such a service in other
25
circumstances;
26
35 Paragraphs 19CB(1)(a) and (b)
27
Repeal the paragraphs, substitute:
28
(a) is not authorised under the practitioner's registration under
29
the National Law to render a particular professional service;
30
or
31
Schedule 1
General practitioners
Part 1
Amendments
8
Health Insurance Amendment (General Practitioners and Quality
Assurance) Bill 2020
No. , 2020
(b) is authorised under the practitioner's registration under the
1
National Law to render a particular professional service only
2
in particular circumstances;
3
36 Subsection 19CB(1)
4
Omit "in that State or Territory".
5
37 Paragraph 19CB(1)(d)
6
Omit "the practitioner's licence", substitute "the practitioner's
7
registration under the National Law".
8
38 Subsection 19CB(3)
9
Repeal the subsection, substitute:
10
(3) Unless sooner revoked, the direction has effect until the medical
11
practitioner is authorised under the practitioner's registration under
12
the National Law to, as the case may be:
13
(a) render the particular professional service; or
14
(b) render the particular professional service in circumstances in
15
which the practitioner was not previously authorised under
16
that registration to render it.
17
39 Subsection 19DA(1)
18
Repeal the subsection.
19
40 Subsection 19DA(2)
20
Omit "(2)", substitute "(1)".
21
41 At the end of section 19DA
22
Add:
23
(2) In this section:
24
deregistered practitioner
means a person who was a medical
25
practitioner but is not currently a medical practitioner.
26
42 At the end of section 20
27
Add:
28
General practitioners
Schedule 1
Amendments
Part 1
No. , 2020
Health Insurance Amendment (General Practitioners and Quality
Assurance) Bill 2020
9
(7) In this section:
1
general practitioner
includes a medical practitioner (other than a
2
specialist or consultant physician) who practises in general
3
practice.
4
43 Paragraph 93(8)(b)
5
After "body", insert "or bodies".
6
44 Subsection 93(8)
7
Omit "the person or body", substitute "the person, body or bodies".
8
45 Paragraphs 106XB(2)(c) and (d)
9
After "body", insert "or bodies".
10
46 Subsection 106XB(3)
11
Repeal the subsection, substitute:
12
(3) The appropriate body or bodies for the purposes of
13
paragraphs (2)(c) and (d) are the body or bodies specified by the
14
regulations.
15
47 Subsections 130(5C) and (5D)
16
Repeal the subsections.
17
48 Paragraphs 130(6)(e) to (eb)
18
Repeal the paragraphs, substitute:
19
(e) a person or body who, under the National Law, is required or
20
permitted to:
21
(i) take disciplinary action with respect to practitioners,
22
optometrists, midwives or nurse practitioners; or
23
(ii) investigate practitioners, optometrists, midwives or
24
nurse practitioners in connection with the taking of such
25
disciplinary action; or
26
49 Paragraphs 130(7)(c) to (cb)
27
Repeal the paragraphs, substitute:
28
Schedule 1
General practitioners
Part 1
Amendments
10
Health Insurance Amendment (General Practitioners and Quality
Assurance) Bill 2020
No. , 2020
(c) the administration of the National Law to the extent it
1
provides for the registration of practitioners, optometrists,
2
midwives or nurse practitioners;
3
50 At the end of paragraphs 130(7)(e), (f) and (fa)
4
Add "or".
5
51 Paragraphs 130(7)(g) to (gb)
6
Repeal the paragraphs, substitute:
7
(g) if the certificate specifies a purpose of the kind referred to in
8
paragraph (c)--a person or body who, under the National
9
Law, is required or permitted to:
10
(i) take disciplinary action with respect to practitioners,
11
optometrists, midwives or nurse practitioners; or
12
(ii) investigate practitioners, optometrists, midwives or
13
nurse practitioners in connection with the taking of such
14
disciplinary action; or
15
52 Paragraph 130(9)(c)
16
Omit "or persons referred to in paragraph (6)(e), (ea) or (eb), or (7)(g),
17
(ga) or (gb), or a person or employee under the control of such a person
18
or persons", substitute "(the
first person
) or body referred to in
19
paragraph (6)(e) or (7)(g), or a person or employee under the control of
20
the first person or body".
21
53 Paragraph 130(9)(c)
22
Omit "law referred to in that paragraph", substitute "National Law".
23
General practitioners
Schedule 1
Application provisions
Part 2
No. , 2020
Health Insurance Amendment (General Practitioners and Quality
Assurance) Bill 2020
11
Part 2--Application provisions
1
54 Alternative method of recognition as a specialist or
2
consultant physician
3
Section 3DB of the
Health Insurance Act 1973
, as amended by this
4
Schedule, applies in relation to an application that is made before, on or
5
after the commencement of this Schedule.
6
55 Divulging of certain information
7
Section 130 of the
Health Insurance Act 1973
, as amended by this
8
Schedule, applies in relation to information acquired before, on or after
9
the commencement of this Schedule.
10
Schedule 1
General practitioners
Part 3
Repeals
12
Health Insurance Amendment (General Practitioners and Quality
Assurance) Bill 2020
No. , 2020
Part 3--Repeals
1
Health Practitioner Regulation (Consequential Amendments)
2
Act 2010
3
56 The whole of the Act
4
Repeal the Act.
5
Quality assurance confidentiality
Schedule 2
Amendments
Part 1
No. , 2020
Health Insurance Amendment (General Practitioners and Quality
Assurance) Bill 2020
13
Schedule 2--Quality assurance confidentiality
1
Part 1--Amendments
2
Health Insurance Act 1973
3
1 Subsection 124W(1) (subparagraph (a)(iii) of the definition
4
of
quality assurance activity
)
5
Repeal the subparagraph, substitute:
6
(iii) services in respect of which payments were made, or
7
that are or would be eligible for payments, under
8
Part 3A of the
Federal Financial Relations Act 2009
; or
9
Schedule 2
Quality assurance confidentiality
Part 2
Validation
14
Health Insurance Amendment (General Practitioners and Quality
Assurance) Bill 2020
No. , 2020
Part 2--Validation
1
2 Validation of declarations
2
(1)
This item applies if:
3
(a) a declaration in relation to an activity was made by the
4
Minister under section 124X of the
Health Insurance Act
5
1973
on or after 1 July 2009 and before this item
6
commences; and
7
(b) at the time the declaration was made, the activity was a
8
quality assurance activity within the meaning of
9
subsection 124W(1) of that Act, as amended by Part 1 of this
10
Schedule.
11
(2)
The declaration is not invalid, and is taken never to have been invalid,
12
only because the activity was not a quality assurance activity within the
13
meaning of subsection 124W(1) of that Act as in force when the
14
declaration was made.
15
3 Compensation for acquisition of property
16
(1)
If the operation of item 2 would result in an acquisition of property
17
(within the meaning of paragraph 51(xxxi) of the Constitution) from a
18
person otherwise than on just terms (within the meaning of that
19
paragraph), the Commonwealth is liable to pay a reasonable amount of
20
compensation to the person.
21
(2)
If the Commonwealth and the person do not agree on the amount of the
22
compensation, the person may institute proceedings in a court of
23
competent jurisdiction for the recovery from the Commonwealth of
24
such reasonable amount of compensation as the court determines.
25