Commonwealth Consolidated Acts

HEALTH INSURANCE ACT 1973 - SECT 89B

  (1)   In this section:

"relevant documents" means documents that are relevant to the review and includes clinical or practice records of services rendered or initiated during the review period by:

  (a)   the person under review; or

  (b)   a practitioner employed or otherwise engaged by the person under review; or

  (c)   a practitioner employed or otherwise engaged by a body corporate of which the person under review is an officer.

  (2)   For the purpose of undertaking a review, the Director may, by written notice given to:

  (a)   the person under review; or

  (b)   any other person whom the Director believes to have possession, custody or control of, or to be able to obtain, relevant documents;

require the person to whom the notice is given:

  (c)   to produce to the Director, or to a person nominated by the Director, such relevant documents as are referred to in the notice; and

  (d)   if the person does not have possession, custody or control of, and cannot obtain, any of those documents:

  (i)   to inform the Director or a person nominated by the Director of that fact; and

  (ii)   if the person knows, or can readily find out, the name and address of a person who has possession, custody or control of, or can obtain, any of the documents--to give that name and address to the Director or to a person nominated by the Director.

  (3)   The notice must state:

  (a)   the period within which, and the place at which, the documents are to be produced; and

  (b)   the period within which a name and address referred to in subparagraph   (2)(d)(ii) are to be given.

  (4)   The period to be stated in the notice must be a period ending at least 14 days after the day on which the notice is given.

  (5)   The notice is to set out the terms of whichever one or more of section   106ZPM, subsection   106ZPN(1) or (2), or section   106ZPNA is applicable to contraventions of the notice. However, a failure to comply with this subsection does not affect the validity of the notice.

  (6)   If a document is produced in response to the notice, the Director or a person nominated by the Director:

  (a)   may inspect the document; and

  (b)   may retain the document in his or her possession for such reasonable period as he or she thinks fit; and

  (c)   may make copies of, or take extracts from, the document.