Commonwealth Numbered Acts

COMMUNITY SERVICES AND HEALTH LEGISLATION AMENDMENT ACT (No. 2) 1990 No. 141 of 1990 - SECT 34

34. Section 82 of the Principal Act is amended:

   (a)  by inserting "under section 23DM or any other matter referred to the
Committee by the Minister" after "Minister" (second occurring);

   (b)  by adding at the end the following subsections:

"(2) Where:

   (a)  after consideration of a matter (in this section called the `original
        matter') referred to it under section 23DM in relation to:

   (i)  a practitioner; or

   (ii) a body corporate that employs or employed a practitioner;
it appears to the Committee that a person who:

   (iii) employs or employed the practitioner; or

   (iv) is or was an officer of a body corporate that employs or employed the
        practitioner; may have caused or permitted the practitioner to
        initiate excessive pathology services; and

   (b)  the conduct of that person is not a matter that has been referred to
        the Committee under section 23DM; the Committee may determine, in
        writing, that the Committee should inquire into whether the person
        caused or permitted the practitioner to initiate excessive pathology
        services.

"(3) Where the Committee determines under subsection (2) to inquire into a
matter:

   (a)  the matter is taken, for the purposes of this Division, to have been
        referred to the Committee by the Minister under section 23DM; and

   (b)  that matter and the original matter may be dealt with by the Committee
        as if they were one single matter.".