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Thursday, 11 June 1970

amendments made by the senate. as amendedconsequentuponconsideration of Message No. 51 of the House of Representatives

No.1 - Page 2. clause 4. leave out the clause, insert the following clause: "4. Section 3 of the Principal Act is amended -

(a)   by omitting the words -

PartII. - National Health Services (Sections 7-11).' and inserting in their stead the words -

Part II. - National Health Services (Sections 9-1 1).'; and

(b)   by omitting the words -

Division 3. - Insured Patients in Approved Hospitals (Sections 46-52).

Division 4. - Uninsured Patients and Pensioners in Approved Hospitals (Sections53-55).' and inserting in their stead the words -

Division 3. - Certain Insured Patients in Approved Hospitals (Sections 46-52).

Division 4. - Certain Uninsured Patients, and Pensioners, in Approved Hospitals (Sections 53-55).

Division 4a.- Patients Treated without Charge in Approved Hospitals (Sections 55a-55b).'."

No. 2 - Page 8, clause 16, line 32, after "amended", insert " - (a)".

No. 3 - Page 9, clause 16, at end of clause add the following paragraph: "(c) By adding at the end of thereof the following sub-section: - (6.) There shall be a right of appeal on the determination of the Minister under the last preceding sub-section by a contributor to the jurisdiction which determined or would have otherwise heard his claim for compensation or damage.'.".

No. 4 - Page 9, clause 19, lines 37 and 38, sub-section (4.) of proposed section 29a, leave out "during the Minister's pleasure", insert "for a period of three years but he shall be removable by the Minister in any case of misconduct or incapacity".

No. 5 - Page 10, clause 19, lines 7 and 8, subsection (3.) of proposed section 29b, leave out "during the Minister's pleasure", insert "for a period of three years but he shall be removable by the Minister in any case of misconduct or incapacity".

No. 6 - Page11, clause 19, line 12, sub-section (4.) of proposed section 29d, after "Act,", insert "in accordance with the said recommendation,".

No. 7 - Page 12, after clause 19, insert the following new clause: "19a. Section 32 of the Principal Act is amended by adding at the end of sub-section (1.) the words 'and (he conditions of the agreement shall be reviewed at least once every two years'.".

No. 8 - Page 12, after clause 19, insert the following new clause: "19b. After section 35 of the Principal Act the following section is inserted: -

36.   - (1.) Where a claim by a medical practitioner has been disallowed in whole or in part under sub-section (1.) of section thirty-four of this Act, the medical practitioner may, within twenty-one days after receipt of notice of the disallowance, appeal to the Supreme Court, District or County Court, Court of Petty Sessions or other court of competent jurisdiction of the State or Territory in which the medical practitioner resides against the decision of the Minister disallowing the claim. (2.) The Supreme Court, District and County Court, Court of Petty Sessions and other courts of competent jurisdiction of each State are invested with federal jurisdiction, and jurisdiction is conferred on the Supreme Court and other courts of competent jurisdiction of each Territory, to hear and determine appeals under the last preceding sub-section. (3.) The Minister shall be the respondent in the appeal. (4.) Upon an appeal under this section the Court shallhave regard to the evidence before the Committee of Inquiry and the report of the Committee. (5.) If the Court is satisfied that the medical practitioner has, in respect of the medical services specified in the report of the Committee, been guilty of failure to discharge conscientiously his obligations under the agreement entered into with the Director-General under section thirty-three of this Act, it shall dismiss the appeal but, if not so satisfied, it shall allow the appeal and set aside the decision of the Minister. (6.) The Court may order either party to pay costs to the other party. (7.) The jurisdiction conferred by this section is exercisable by a single judge of the Court, whose decision isfinal and conclusive. (8.) A medical practitioner is not liable under section thirty-four of this Act to pay an amount to the Commonwealth in pursuance of a decision by the Minister disallowing a claim in whole or in part until the expiration of the period within which the medical practitioner may appeal against the decision or, if an appeal is instituted, until the determination of the appeal.'.".

No. 9 - Page 17, after clause 23, insert the following new clause: " 23a. Section 69 of the Principal Act is amended -

(a)   by omitting from sub-section (1.) the word may' and inserting in its stead the word shall'; and

(b)   by omitting from sub-section (2.) the word may' and inserting in its stead the word shall'.".

No. 10 - Page 18, clause 25, leave out the clause, insert the following new clause: "25. Section 73 of the Principal Act is amended -

(a)   by omitting sub-section (1.) and inserting in its stead the following sub-section: - (1.) The Minister may by regulation, after considering the report of the Committee, grant, subject to such terms and conditions (if any) as he thinks fit, or refuse, the application and, if he grants the application, he shall register the organisation accordingly.';

(b)   by omitting sub-section (4.) and inserting in its stead the following sub-section: (4.) A register shall be open for public inspection.';

(c)   by inserting in sub-section (6.) after the word 'revoke' the words 'by regulation'; and

(d)   by inserting in sub-section (6.) after the word 'impose' the words 'by regulation'.".

No. 11 - Page 19, clause 27, after paragraph (g) of sub-section (2.) of proposed new section 76a. insert the following paragraphs: "(ga) details of how the reserve fund has been invested; (gb) details of direct or indirect interest in shareholdings held by directors of the fund in organisations in which the fund's reserves have been invested; and".

No, 12 - Page 31, after clause 46, insert the following new clause: "46a. Section 101 of the Principal Act is amended -

(a)   by inserting after sub-section (2b.) the following sub-section: - (2c.) The names and qualifications of those persons appointed under the foregoing provisions shall be published in the Gazette.'; and

(b)   by inserting, after sub-section (3.) the following sub-section: - (3a.) When the Committee recommends that drugs and medicinal preparations should not be made available as pharmaceutical benefits under this Part, a copy of the Report of the Committee, setting out details of the drugs and medicinal preparations and the reasons for the recommendations, shall be laid before each House of the Parliament within fourteen sitting days of its receipt by the Minister, and, if the Parliament is not then sitting, within fourteen days of the next meeting of the Parliament.'.".







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