Commonwealth Consolidated Acts

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NATIONAL HEALTH ACT 1953 - SECT 15

Reviewing decision whether participant is eligible for the scheme

  (1)   This section applies if the Chief Executive Medicare decides that a person who is participating in the scheme is not eligible to participate in the scheme.

  (2)   The Chief Executive Medicare must give the person a signed notice that states:

  (a)   the decision; and

  (b)   the day when the decision has effect; and

  (c)   the reasons for the decision; and

  (d)   that, within 28 days after receiving the notice, the person may apply to the Chief Executive Medicare for a review of the decision; and

  (e)   how the person may apply for the review.

  (3)   A person who is aggrieved by the Chief Executive Medicare's decision may apply for a review of the decision in the way stated in the legislative instrument that sets out the scheme.

  (4)   If an application is made under subsection   (3), the Chief Executive Medicare must review the decision and give the person a signed notice that states:

  (a)   the decision; and

  (b)   the day when the decision has effect; and

  (c)   if the decision is that the person is not eligible to participate in the scheme:

  (i)   the reasons for the decision; and

  (ii)   that, within 28 days after receiving the notice, the person may apply to the Administrative Appeals Tribunal for a review of the Chief Executive Medicare's decision.

  (5)   An application may be made to the Administrative Appeals Tribunal for the review of the Chief Executive Medicare's decision mentioned in subsection   (4).


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