Commonwealth Consolidated Acts

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HEALTH INSURANCE ACT 1973 - SECT 19CA

Review of decisions

  (1)   In this section:

"decision" has the same meaning as in the Administrative Appeals Tribunal Act 1975 .

  (2)   If the Minister makes a decision under subsection   19C(3) or (4) refusing to direct that a medicare benefit is payable in respect of a professional service, the person claiming the benefit (in this section called the applicant ) may apply to the Minister for a reconsideration by the Minister of the decision.

  (3)   An application under subsection   (2) must be made within 28 days after the applicant receives a notice under subsection   19C(7).

  (4)   If an applicant applies to the Minister for reconsideration of a decision the Minister may, after reconsidering the decision:

  (a)   affirm the decision; or

  (b)   make a decision that benefit is payable in respect of the service.

  (5)   Where the Minister makes a decision under paragraph   (4)(a), a written notice must be given to the applicant containing:

  (a)   the terms of the decision and the reasons for it; and

  (b)   a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975 , application may be made to the Administrative Appeals Tribunal for a review of the decision.

  (6)   A notice under subsection   (5) must be given within 28 days after the Minister makes a decision under subsection   (4).

  (7)   Failure to include in a notice under subsection   (5) a statement of the kind mentioned in paragraph   (5)(b), does not affect the validity of the Minister's decision.

  (8)   Subject to the Administrative Appeals Tribunal Act 1975 , application may be made to the Administrative Appeals Tribunal by a person whose interests are affected by a decision of the Minister made under paragraph   (4)(a).


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