Commonwealth Numbered Regulations - Explanatory Statements

[Index] [Search] [Download] [Related Items] [Help]

HEALTH INSURANCE COMMISSION REGULATIONS (AMENDMENT) 1995 NO. 440

Statutory Rules 1995 No. 440

Issued by the Authority of the Minister for Human Services and Health

Health Insurance Commission Act 1973

Health Insurance Commission Regulations (Amendment)

The Health Insurance Commission Act 1973 (the Act) provides for the functions of the Health Insurance Commission (the Commission).

Section 8E of the Act provides for the prescribing of functions of the Commission in the areas of health insurance and other matters relating to health, and the manner in which the Commission is to carry out such functions.

Section 44 of the Act provides that the Governor-General may make regulations for the purposes of the Act.

The regulations amend other recently made regulations which provide for functions of the Commission in relation to the Australian Childhood Immunisation Register (the Register). These functions include making payments to recognised immunisation providers and specified others in relation to the administrative costs associated with their provision of information to the Commission about immunisation encounters and the death of children entered on the Register. The regulations authorise making of these payments by means of electronic funds transfer. In the absence of such specific provisions, a provider or other person entitled to payment could insist on payment by means other than electronic funds transfer. The proposed regulations also provide for the conditions for the transfer of funds by EFT. However, the proposed regulations provide the managing director of the Commission with the power to direct alternative means of payment (that is, other than by means of EFT) in particular circumstances.

Details of the regulations are set out in the Attachment.

The regulations commenced on 1 January 1996, the same date as the regulations conferring functions in relation to the Register.

ATTACHMENT

Regulation 1 - Commencement

Subregulation 1.1 provides for the commencement of the Regulations on 1 January 1996.

Regulation 2 - Amendment

Subregulation 2.1 provides for the amendment of the Health Insurance Commission Regulations (the Regulations), as set out below.

Regulation 3 - Regulation 3Q (Additional functions of the Commission: Australian Childhood Immunisation Register)

Subregulation 3.1 provides for the insertion, in subregulation 3Q(1), of new definitions of 'building society account' and 'credit union account'. Each is defined to mean an account into which moneys deposited by a person are paid, and which is maintained by a person with an organisation registered under a relevant law of a State or Territory.

Subregulation 3.2 substitutes a new, more expansive, subregulation 3Q(3) dealing with payment of moneys in relation to the Australian Childhood Immunisation Register. Paragraphs 3Q(3)(a), (b), (c), (d) and (e) relate to payments, for purposes of paragraph 3Q(2)(d), by means of electronic funds transfer.

Paragraph 3Q(3)(a) provides the general rule, that payments for purposes of paragraph 3Q(2)(d) are to be made into a bank account, credit union account or building society account as nominated by the recognised immunisation provider or authority.

Paragraph 3Q(3)(b) authorises the Commission, subject to paragraphs (c) and (e), to withhold payment where the provider or authority has not nominated an account for purposes of payment.

Paragraph 3Q(3)(c) requires the Commission to make payments not previously paid because of a failure to nominate an account, once account details are provided.

Paragraph 3Q(3)(d) enables the Commission's Managing Director to direct an alternative means of payment, in respect of the whole or part of an amount to be paid to a provider or authority.

Paragraph 3Q(3)(e) requires that payments be made in accordance with any direction of the Managing Director under proposed paragraph 3Q(3)(d).

Paragraph 3Q(3)(f) provides the Commission with the ability, in respect of the paragraph (2)(d) administrative payment, to set off overpayments against future payments.