Commonwealth Numbered Regulations - Explanatory Statements

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HEALTH INSURANCE COMMISSION REGULATIONS (AMENDMENT) 1993 NO. 197

STATUTORY RULES 1993 No. 197

Issued by authority of the Minister for Health

Health Insurance Commission Act 1973

Health Insurance Commission Regulations (Amendment)

Section 44 of the Health Insurance Commission Act 1973 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.

Section 8E of the Act requires the Health Insurance Commission (the Commission) to perform such functions as are prescribed by regulation.

Subregulation 4(2) of the Health Insurance Commission Regulations (the Regulations) prescribes additional functions which, for the purpose of section 8E of the Act, the Commission has the power to perform. A number of additional functions have already been prescribed by way of previous amendments to the Regulations.

The Health Insurance Commission Regulations (Amendment) (Statutory Rules 1993 No.89) (the Amending Regulations) amended the Regulations by inserting new regulation 3H which empowered the Commission to perform the function of payment, on behalf of Australian Hearing Services (AHS), of claims by a "benefit provider" (private sector providers who have entered into an arrangement with the AHS under paragraph 8(1)(d) of the Hearing Services Act 1991). The Amending Regulations commenced on 1 May 1993.

Section 41B of the Act allows the making of regulations to modify Part V and section 42 of the Act in connection with the Commission's performance of new functions. This Part of the Act enables the Commission to incur administrative costs in relation to the performance of new functions. Regulation 4A of the Regulations has already modified the Act by inserting new sections 32A and 34AA. Section 32A deals with certain additional functions that are deemed to form part of the Commission's functions under the Medicare Scheme.

Due to an oversight, a consequential amendment to regulation 4A. of the Regulations was not included in the Amending Regulations. Unless section 32A is amended in the manner contained in the regulations, the Commission is not lawfully able to incur administrative costs in relation to the hearing services function.

The regulations will amend regulation 4A of the Regulations so that section 32A in Part V of the Act is modified to include, in the Commission's Medicare functions, performance by the Commission of the function of making payment, on behalf of the AHS, of claims by benefit providers for the supply of hearing services.

The regulations commence on 1 May 1993. The retrospectivity of the regulations will not affect the rights of any person (other than the Commonwealth) in a manner prejudicial to that person, nor will they impose any liability on such a person. They are, therefore, in accordance with subsection 48(2) of the Acts Interpretation Act 1901. The regulations provide for the Commission to incur administrative costs associated with the processing of claims in respect of the supply of hearing services which occurred from 1 May 1993 and does not affect the entitlement of a person to receive benefits from the AHS.