Commonwealth Numbered Regulations - Explanatory Statements

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HEALTH INSURANCE (GENERAL MEDICAL SERVICES TABLE) AMENDMENT REGULATIONS 2011 (NO. 3) (SLI NO 226 OF 2011)

EXPLANATORY STATEMENT

 

Select Legislative Instrument 2011 No. 226

Health Insurance Act 1973

Health Insurance (General Medical Services Table) Amendment Regulations 2011 (No. 3)

Subsection 133(1) of the Health Insurance Act 1973 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Part II of the Act provides for the payment of Medicare benefits for professional services rendered to eligible persons.  The effect of section 9 of the Act is that Medicare benefits are calculated with reference to the fees for medical services set out in prescribed tables.

Subsection 4(1) of the Act provides that the regulations may prescribe a table of medical services (other than diagnostic imaging services and pathology services), which sets out items of medical services, the fees applicable for each item, and rules for interpreting the table.  The Health Insurance (General Medical Services Table) Regulations 2011 (the Principal Regulations) currently prescribe such a table.

 

The Regulations amend the Principal Regulations to reintroduce the definition of 'general practitioner' that existed up to 31 October 2011.

 

The definition of 'general practitioner' was removed, in error, as part of the annual remaking of the Principal Regulations in October 2011.  The Regulations also make a consequential amendment to the definition of 'general practitioner' in the Dictionary.

The Act specifies no conditions, which need to be met before the power to make the Regulations is exercised. 

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

The Regulations are taken to have commenced on 1 November 2011.  The retrospective nature of the amendments do not disadvantage any person or impose a liability on any person other than the Commonwealth.  Subsection 12(2) of the Legislative Instruments Act 2003 does not therefore operate to prevent the retrospective amendments from taking effect. 

Consultation

As this is a change to re-establish the status quo as at 31 October 2011 no consultation with stakeholders was required.

Authority:     Subsection 133(1) of the Health Insurance Act 1973


ATTACHMENT

 

Details of the Health Insurance (General Medical Services Table) Amendment Regulations 2011 (No. 3)

 

Regulation 1 - Name of Regulations

 

This regulation provides that the title of the Regulations is the Health Insurance (General Medical Services Table) Amendment Regulations 2011 (No. 3).

 

Regulation 2 - Commencement

 

This regulation provides for the Regulations to be taken to have commenced on
1 November 2011.

 

Regulation 3 - Amendment of Health Insurance (General Medical Services Table) Regulations 2011

 

This regulation provides that the Health Insurance (General Medical Services Table) Regulations 2011 are amended as set out in Schedule 1.

 

Schedule 1 - Amendments

 

Item [1] - Schedule 1, clause 1.1.1A

 

This item reintroduces the meaning of 'general practitioner' that existed up to 31 October 2011.

 

Item [2] - Dictionary

 

This item removes the definition of 'general practitioner' and substitutes it with a reference to the new clause 1.1.1A for the meaning of 'general practitioner'.

 


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