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Wednesday, 25 March 1998
Page: 1614

Bill—by leave—taken as a whole.

Amendments (by Ms Worth)—by leave—agreed to:

(1) Schedule 2, page 6 (after line 3), insert:

5A Subsection 48(2)

Omit "50", substitute "50A or 50B".

5B Subsection 49(1)

Omit "50", substitute "50A or 50B".

5C Section 50

Repeal the section, substitute:

50 Panels for appointments to Committees

(1) Before making appointments to a Committee, the Minister must ask each of the following bodies to nominate a panel of at least 3 medical practitioners for the Minister's consideration for appointment to the Committee:

(a) the Australian Medical Association;

(b) the Royal Australasian College of Surgeons;

(c) the Royal Australasian College of Physicians;

(d) the Royal Australian College of Obstetricians and Gynaecologists;

(e) the Royal Australian College of General Practitioners.

(2) The request must:

(a) be in writing; and

(b) specify the date by which the body must nominate a panel.

50A Compliance with request

(1) If each body nominates a panel for a Committee in accordance with the request by the date specified in the request, the Minister must appoint to the Committee one medical practitioner from each panel.

(2) If at least one body, but not each body, nominates a panel for a Committee in accordance with the request by the date specified in the request, the Minister must appoint to the Committee one medical practitioner from each of those panels.

Note: For the date of effect of an appointment under subsection (2), see section 50C.

50B Consequences of failure to comply with request

If:

(a) the Minister makes a request to a body for a panel for a Committee; and

(b) the body does not nominate a panel in accordance with the request by the date specified in the request;

the Minister may appoint one medical practitioner to the Committee.

Note: For the date of effect of an appointment under this section, see section 50C.

50C Date of effect of certain appointments

An appointment made to a particular Committee under subsection 50A(2) or section 50B does not take effect before all of the appointments to that Committee under those provisions have been made.

5D Subsection 53(2)

Repeal the subsection, substitute:

(2) If a body nominated the panel from which the absent member was appointed, the Minister must consult the body before making an appointment under subsection (1).

5E Section 56

Repeal the section, substitute:

56 Appointment to vacant office

(1) If a vacancy occurs in the office of a member who was appointed by the Minister from a panel nominated by a body, the Minister must request the body to nominate a panel of at least 3 medical practitioners for the Minister's consideration for appointment to the vacant office.

(2) The request must:

(a) be in writing; and

(b) specify the date by which the body must nominate a panel.

(3) If the body nominates a panel for the vacant office in accordance with the request by the date specified in the request, the Minister must appoint to the office one medical practitioner from the panel.

(4) If the body does not comply with the request for a panel for a vacant office, the Minister may appoint one medical practitioner to the vacant office.

5F Section 57

Omit "section 50 or 56", substitute "this Division".

5G Saving provision

The amendments of the Health Insurance Act 1973 made by items 5A to 5F do not affect the validity of any appointments made under Part V of that Act as in force before the commencement of this Part.

(2) Schedule 2, page 8 (after line 25), after item 15, insert:

15A Subsection 19AA(5) (definition of professional service )

Repeal the definition, substitute:

professional service does not include:

(a) a service of a kind referred to in paragraph (b), (ba) or (c) of the definition of professional service in subsection 3(1); or

(b) a professional service (as defined in subsection 3(1)) that is constituted by assistance at an operation.

(3) Schedule 2, item 23, page 10 (lines 7 and 8), omit the item.

Bill, as amended, agreed to.