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Health Legislation Amendment Bill 2007

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2004-2005-2006-2007

 

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

HOUSE OF REPRESENTATIVES

 

 

 

 

HEALTH LEGISLATION AMENDMENT BILL 2007

 

 

 

 

 

 

 

SUPPLEMENTARY EXPLANATORY MEMORANDUM

 

 

 

 

Amendments to be Moved on Behalf of the Government

 

 

 

 

 

 

 

 

 

 

 

(Circulated by the authority of the Minister for Health and Ageing, the Hon Tony Abbott, MP)



HEALTH LEGISLATION AMENDMENT BILL 2007

 

OUTLINE

 

The proposed government amendments amend the Health Legislation Amendment Bill 2007.

 

The amendments will allow members of the Private Health Insurance Administration Council (the Council) who are insured by a particular health insurer, to participate in discussion when that insurer’s affairs are being considered by the Council, if the Minister or Council determine that they may. 

 

The amendments are required to ensure that the provisions contained in section 270-45 of the Private Health Insurance Act 2007 (the Act) are not so restrictive as to prevent valuable input into discussion by experienced Council members.

 

The effect of the amendments will be that Council members may participate in discussion, despite a pecuniary interest, where the Minister or other Council members determine that it is appropriate.  The Council member who has disclosed an interest will not be allowed to participate in making determinations following discussion, and will not be allowed to participate in discussion about whether or not to allow them to participate.

 

Financial Impact Statement

 

These amendments will have no financial impact for the Commonwealth.

 

 



HEALTH LEGISLATION AMENDMENT BILL 2007

 

NOTES ON CLAUSES

 

Amendment 1

This amends Clause 2 of the Bill which provides for the commencement of the Bill.  The amendment substitutes “item 4” with “items 4 to 4B” to provide that these amendments commence on Royal Assent.

 

Amendment 2

This amendment adds Clauses 4A and 4B to the Bill.

 

Clause 4A  Subsection 270-45(4)

This clause amends subsection 270-45(4) of the Act to allow the Minister or Council members to determine whether or not a Council member who has disclosed a pecuniary interest in a private health insurer, may participate in discussion about that insurer.

 

Clause 4B  At the end of section 270-45

This clause inserts a new subsection into section 270-24 of the Act.  New subsection 270-45(5) provides that a Council member who has disclosed a pecuniary interest in an insurer may not participate in discussion to determine whether or not that Council member will be permitted to take part in discussion about the insurer.