Commonwealth Numbered Regulations - Explanatory Statements

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HEALTH INSURANCE (PATHOLOGY REVIEW COMMITTEE) REGULATIONS 1994 NO. 276

EXPLANATORY STATEMENT

STATUTORY RULES 1994 No. 276

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

National Health Act 1953

Health Insurance (Pathology Review Committee) Regulations

Section 133 of Health Insurance Act 1973 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.

Section 106H of the Act provides that in addition to the Committees for the establishment of which express provision is made in the preceding Division of Part V of the Act, the regulations may provide for the establishment of other committees and may make provision for and in relation to the constitution, powers, functions, duties and procedures of, and the filling of vacancies on, those committees.

The Health Insurance (Pathology Review Committee) Regulations (the Regulations) establish a statutory committee entitled the Pathology Review Committee (the Review Committee).

Following the termination of the Pathology Services Advisory Committee in January 1989, the Pathology Options Working Party (the Working Party) was established in February 1989 to explore future mechanisms for reviewing the items and fees in the Pathology Services Table (the Table).

The Working Party's report to the then Minister for Health in June 1989, which he accepted, recommended that a two-tiered committee system be developed:

•       The Pathology Services Table Committee (the Table Committee), an informal committee which first met on 8 November 1989, formed the first tier. It was designed to keep the Table under continual review and advise the Minister on its composition and structure, and on the appropriate level of fees for the items it contained.

•       The second tier containing a statutory committee, the Pathology Review Committee (the Review Committee), was intended to conduct an annual review of fees for items listed in the Table and to adjudicate on and make recommendations to the Minister as to the appropriate course of action on issues which the Table Committee could not resolve.

Arrangements to set up the Review Committee were postponed pending the implementation of major pathology reforms in February 1992. Moreover, since the Table Committee has demonstrated an ability to reach a consensus on all matters brought before it, action to create the Review Committee was not given a high priority.

However, following representations to the Minister from the Royal College of Pathologists of Australasia (the College) and the Australian Association of Pathology Practices (the Association), these Regulations have been developed to establish the Review Committee.

Details of the Regulations are as follows:

Regulation 2 is an interpretation provision.

Regulation 3 establishes the Review Committee.

Subregulation 4(1) outlines the functions of the Review Committee, which are to undertake annual reviews of fees for pathology services, and to consider questions referred to it by the Table Committee, and make reports to the Minister on the reviews and recommendations on the Table Committee's questions.

Subregulation 4(2) lists the factors which the Review Committee must take into consideration when conducting its annual review of the fees payable for the items contained in the Table.

Subregulation 4(3) details the matters which the Review Committee's reports on the annual fee reviews to the Minister must cover.

Regulation 5 prescribes the constitution of the Review Committee. Its membership is to consist of a Chairperson appointed by the Minister with the agreement of the College and the Association, a recognised pathologist jointly nominated by the two bodies, and a Ministerial appointee. The regulation also provides that these members are to hold office on a parttime basis for two years and may not be re-appointed more than twice.

Regulation 6 provides for acting members to be appointed by the Minister with the agreement of the College and the Association.

Regulation 7 cites the circumstances under which a member's appointment may be terminated.

Regulation 8 provides for members who propose to resign.

Regulation 9 specifies meeting requirements for the Review Committee: it must meet at least twice a year; the Chairperson may convene additional meetings; the Chairman must preside at all meetings at which he or she is present; all members should each have a single vote; and questions arising at it's meetings must be decided by a majority vote.

Regulation 10 provides that the Review Committee may determine its own procedures and is not to be bound by any rules of evidence so that it can obtain information in any way it wishes.

These Regulations came into effect on the date of gazettal.


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