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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Health
Legislation Amendment Bill (No. 3)
2000
No. ,
2000
(Health and Aged
Care)
A Bill for an Act to amend
legislation relating to health, and for related purposes
ISBN: 0642 437246
Contents
Health Insurance Act
1973 3
National Health Act
1953 3
National Health Act
1953 5
National Health Act
1953 6
A Bill for an Act to amend legislation relating to
health, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Health Legislation Amendment Act
(No. 3) 2000.
(1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
(2) Subject to subsection (3), Schedule 1 commences on a day to
be fixed by Proclamation.
(3) If Schedule 1 does not commence under subsection (2) within
the period of 6 months beginning on the day on which this Act receives the Royal
Assent, it commences on the first day after the end of that period.
(4) Schedule 3 commences, or is taken to have commenced, immediately
after the commencement of the National Health Amendment (Lifetime Health
Cover) Act 1999.
Subject to section 2, each Act that is specified in a Schedule to
this Act is amended or repealed as set out in the applicable items in the
Schedule concerned, and any other item in a Schedule to this Act has effect
according to its terms.
The amendment made by Schedule 2 applies in relation to the
disclosure of information on or after the commencement of that
Schedule.
1 At the end of subsection
3(1A)
Add:
Note: References in this Act to hospital treatment have an
expanded meaning: see section 5C of the National Health Act
1953.
2 Subsection 4(1)
Insert:
outreach service means any service specified in a
determination under section 5D.
3 Subsection 4(1) (paragraph (a) of the
definition of patient)
Repeal the paragraph, substitute:
(a) in relation to a day hospital facility, means:
(i) a person who attends the day hospital facility for the purpose of
permitting the provision of professional attention to the person at the day
hospital facility; or
(ii) a person who receives an outreach service provided by, or on behalf
of, the day hospital facility; and
4 After section 5B
Insert:
(1) In this Act and the Health Insurance Act 1973 (other than an
excluded provision):
(a) a reference to hospital treatment includes a reference to the
provision of an outreach service; and
(b) a reference to hospital treatment provided in, at or by a hospital or
a day hospital facility includes a reference to an outreach service provided by,
or on behalf of, a hospital or a day hospital facility; and
(c) a reference to a patient receiving treatment in or at a hospital or a
day hospital facility includes a reference to a patient receiving an outreach
service provided by, or on behalf of, a hospital or a day hospital
facility.
(2) In this section:
excluded provision means any of the following
provisions:
(a) subsection 5B(3) of the Health Insurance Act 1973;
(b) section 67 of this Act;
(c) Division 5A of Part VI of this Act.
(1) The Minister may, by written determination, specify services for the
purposes of the definition of outreach service in subsection
4(1).
Note: Under subsection 33(3) of the Acts Interpretation
Act 1901, the Minister may vary or revoke etc. a determination under this
section.
(2) A determination under this section:
(a) comes into force on the day specified in the determination;
and
(b) remains in force for the period specified in the determination, unless
sooner revoked.
(3) A determination under this section is a disallowable instrument for
the purposes of section 46A of the Acts Interpretation Act
1901.
5 Paragraph 73BD(2)(d)
Omit “to the hospital or day hospital facility”.
6 Paragraph 73BDAA(1)(a)
Omit “at the hospital or day hospital facility”, substitute
“to patients of the hospital or day hospital
facility”.
1 After subsection 73G(2)
Insert:
(2A) No action (whether criminal or civil) lies against:
(a) a registered organization; or
(b) a person acting on behalf of a registered organization;
for breach of a duty of confidence, or breach of a similar obligation, in
relation to the disclosure of information to:
(c) a hospital with which the organization has a hospital
purchaser-provider agreement; or
(d) a day hospital facility with which the organization has such an
agreement;
if
the disclosure is reasonably necessary in connection with the hospital or day
hospital facility complying with the requirement referred to in paragraph
73BD(2)(d).
1 Subsection 4(1) (definition of adult
beneficiary)
Repeal the definition, substitute:
adult beneficiary, in relation to hospital cover, means a
person covered by that hospital cover, other than a person who is:
(a) under 31 years of age; and
(b) a dependant (but not a spouse) of a contributor in respect of the
hospital cover.
2 Paragraph 4(1)(b) of
Schedule 2
After “dependant”, insert “(but not a
spouse)”.
3 Subparagraphs 5(1)(c)(i) and (ii) of
Schedule 2
Repeal the subparagraphs, substitute:
(i) entered or enters Australia on a Refugee and Humanitarian (Migrant)
(Class BA) visa issued on or after 1 January 2000; or
(ii) was or is granted a protection visa within the meaning of
section 36 of the Migration Act 1958 after entering Australia on or
after 1 January 2000;