Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this section:
"decision" has the same meaning as in the Administrative Review Tribunal Act 2024 .
(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 Review Tribunal Act 2024 , application may be made to the Administrative Review 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 Review Tribunal Act 2024 , application may be made to the Administrative Review Tribunal by a person whose interests are affected by a decision of the Minister made under paragraph (4)(a).