Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person must not disclose to another person:
(a) any of the deliberations or findings of a Committee; or
(b) any information or evidence given to the Committee in the course of its deliberations;
unless the disclosure is required or permitted under this Act or the Dental Benefits Act 2008 or is necessary in connection with the performance of the first - mentioned person's functions or duties under this Act or the Dental Benefits Act 2008 .
Penalty: Imprisonment for 12 months.
(3) This section does not prevent a person from making a disclosure:
(a) to a lawyer for the purpose of obtaining legal advice or representation relating to a matter involving the deliberations or findings of the Committee; or
(b) if the person is a lawyer--for the purpose of complying with a legal duty of disclosure arising from his or her professional relationship with a client.
(4) In this section:
"lawyer" means a barrister or solicitor.
No. 42, 1974
Compilation No. 127
Compilation date: 1 November 2024
Includes amendments: Act No. 33, 2024
This compilation is in 2 volumes
Volume 2: sections 124B - 12p t; font-weight:bold">133
Endnotes
Each volume has its own contents
About this compilation
This compilation
This is a compilation of the Health Insurance Act 1973 that shows the text of the law as amended and in force on 1 November 2024 (the compilation date ).
The notes at the end of this compilation (the endnotes ) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self - repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part VB--Medicare Participation Review Committees
124B Interpretation
124BA Application of Part to providers who are not practitioners
124C Chairpersons
124D Chairperson etc. to be notified if practitioner convicted of relevant offence or civil contravention
124E Chairperson to establish Medicare Participation Review Committee
124EA Membership of Committees
124EB Qualification of members
124EC Provision of information to the person in relation to whom a Committee is convened
124F Determinations in relation to relevant offences and relevant civil contraventions
124FA Committee may add parties to proceedings in relation to breach of undertaking by approved pathology practitioner or approved pathology authority
124FB Determinations in relation to breach of undertaking by approved pathology practitioner
124FC Determinations in relation to breach of undertaking by approved pathology authority
124FD Committee may be established and proceedings may continue after undertaking ceases to be in force
124FE Committee may add parties to proceedings in relation to pathology and diagnostic imaging offences and contraventions
124FF Determinations in relation to pathology and diagnostic imaging offences and contraventions
124G Hearings
124H Guidelines relating to making a determination
124J Procedure of hearings
124K Hearings to be in public except in special circumstances
124L Summons to give evidence etc.
124M Refusal to be sworn etc.
124N Protection of members of Committees etc.
124P Contempt
124Q Chairperson to give notice of determinations by Committee
124R Review by Administrative Review Tribunal
124S Giving effect to determinations
124T Chairperson to abolish Committee
124U Fees and allowances
Part VC--Quality assurance confidentiality
124V Object of this Part
124W Interpretation
124X Minister may declare quality assurance activity to be an activity to which this Part applies
124Y Information about declared quality assurance activity not to be disclosed
124Z Minister may authorise disclosure of information about a serious offence
124ZB Immunity from suit of members of assessment or evaluation committees
124ZC This Part is to complement corresponding State and Territory laws
Part VD--Bonded Medical Program
Division 1--Bonded Medical Program
Subdivision A--Introduction
124ZD Bonded Medical Program
124ZE Bonded participants
124ZEA Determination that exceptional circumstances apply in relation to a person
124ZEB Secretary may request further information
Subdivision B--Conditions of Bonded Medical Program
124ZF Return of service obligation
124ZG Conditions of Bonded Medical Program
124ZH Breach of condition of Bonded Medical Program--repayment of education costs
124ZJ Breach of condition of Bonded Medical Program--medicare benefits not payable
124ZK Breach of condition of Bonded Medical Program--administrative penalty
Subdivision C--Review of decisions
124ZL Application for review
124ZM Notice of decision on review
124ZN Review by Administrative Review Tribunal
Subdivision D--Withdrawal from Bonded Medical Program
124ZP Withdrawal from Bonded Medical Program
124ZQ Consequences of withdrawal
Subdivision E--Information sharing
124ZR Authorised collection, use and disclosure
124ZS Interaction with the Privacy Act 1988
Subdivision F--Bonded Medical Program rules
124ZT Bonded Medical Program rules
Division 2--Transitional arrangements
124ZU Opt in process for participating in the Bonded Medical Program
124ZUA Extended compliance determination for certain BMP and MRBS participants
124ZUB Secretary may request further information
124ZV Effect of opting in to the Bonded Medical Program--BMP participants
124ZW Effect of opting in to the Bonded Medical Program--MRBS participants
Part VIA--Civil penalties
Division 1--Obtaining an order for a civil penalty
125A Federal Court may order person to pay pecuniary penalty for contravening civil penalty provision
125B What is a civil penalty provision ?
125C Persons involved in contravening civil penalty provision
125D Recovery of a pecuniary penalty
Division 2--Civil penalty proceedings and criminal proceedings
125E Civil proceedings after criminal proceedings
125F Criminal proceedings during civil proceedings
125G Criminal proceedings after civil proceedings
125H Evidence given in proceedings for civil penalty not admissible in criminal proceedings
Part VII--Miscellaneous
126 Prohibition of certain medical insurance
127 Assignor of medicare benefit to be given copy of assignment etc.
128 Offences in relation to returns
128A False statements relating to medicare benefits etc.
128B Knowingly making false statements relating to medicare benefits etc.
128C Charging of fees for provision of public hospital services to public patients
129 False statements etc.
129AA Private hospitals--bribery
129AAB Offences against 2 or more provisions
129AAC Statements inadmissible as evidence
129AAD Notice to produce documents
129AADA Requirement to keep documents relating to notice to produce
129AAE Civil penalty--failure to comply with requirement in notice
129AAF Self - incrimination etc.
129AAG Chief Executive Medicare or Departmental employee may deal with documents etc. produced
129AAH Notice of decision: no amount recoverable because amounts paid substantiated etc.
129AAI Notice of decision: amounts recoverable
129AAJ Review of decisions to claim amounts as debts
129AC Recovery of amounts overpaid etc. and administrative penalties
129ACA Shared debt determinations
129ACB Review of decisions relating to shared debt determinations
129AD Recovery of certain determined amounts
129AE Recovery of amounts paid in respect of certain diagnostic imaging services
129AEA Liability for administrative penalty
129AEB Amount of administrative penalty
129AEC Notice of administrative penalty and review of assessments
129AECA Power to obtain information relating to a debt
129AED Waiver and repayment of certain debts arising under the Chronic Disease Dental Scheme
129AEE Notice of decision to waive, or not to waive, a debt
129AEF Recoverable amounts may be set off
129AEG Garnishee notices
129AEH Failure to comply with garnishee notice
129AF State and Territory authorities to be notified of contraventions of certain laws
129A Special arrangements for optometrical services
130 Officers to observe secrecy
130AA Prosecution of offences
130G Evidence
130H Exceptions etc. to civil penalty provisions--burden of proof
130J Obligations not affected by State or Territory laws
131 Delegation
132 Evidence
132A Regulations relating to the manner of patient referrals
133 Regulations
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history