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Health and Other Services (Compensation) Care Charges Bill 1994



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House: House of Representatives

Portfolio: Human Services and Health

Commencement: On the day on which the Health and Other Services (Compensation) Bill 1994 commences. Refer to the Digest for that Bill for further information.

Purpose

To provide that obligations relating to the recovery of Medicare benefits and nursing home benefits relating to individuals will be enforceable if the recovery is determined to be a tax.

Background

Section 55 of the Constitution provides that a law imposing taxation must deal only with the imposition of taxation and that provisions of such a law dealing with other matters will have no effect.

The Health and Other Services (Compensation) Bill 1994 provides for the recovery/non- payability of Medicare and nursing home benefits where the recipient of the benefits receives compensation in relation to the injury that necessitated the services. Part of the scheme established by that Bill provides for the recovery of benefits from individuals who have already received benefits. Such a recovery may be determined to be a tax and that Bill provides that the recovery provisions will only have effect to the extent that they do not infringe section 55 of the Constitution. This Bill deals with the recovery of benefits where they may be determined to be a tax. The Bill is a result of the requirements of section 55 of the Constitution.

Main Provisions

The provisions of the Bill provide for the recovery of benefit payments in the same circumstances as dealt with in clauses 7, 8, 9 and 10 of the Health and Other Services (Compensation) Bill 1994. For details of the circumstances where benefits are recoverable, refer to the Digest for that Bill.

The provisions of the Bill also provide that they will only operate where the law dealing with recovery is deemed to be a law relating to taxation within the meaning of section 55 of the Constitution.

Chris Field (Ph. 06 2772439)

Bills Digest Service 7 December 1994

Parliamentary Research Service

This Digest does not have any official legal status. Other sources should be consulted to determine the subsequent official status of the Bill.

Commonwealth of Australia 1994.

Except to the extent of the uses permitted under the Copyright Act 1968, no part of this publication may be reproduced or transmitted in any form or by any means, including information storage and retrieval systems, without the prior written consent of the Parliamentary Library, other than by Members of the Australian Parliament in the course of their official duties.

Published by the Department of the Parliamentary Library, 1994.