Commonwealth Consolidated Acts

HEALTH INSURANCE ACT 1973 - SECT 124ZEA

  (1)   If:

  (a)   a person (the affected person ) is or was a bonded participant; or

  (b)   a person is a legal personal representative of an affected person who:

  (i)   is deceased; or

  (ii)   lacks capacity to make an application under this section;

the affected person, or the legal personal representative, may apply to the Secretary for a determination that exceptional circumstances apply in relation to the affected person.

  (2)   The application must:

  (a)   be made in writing; and

  (b)   set out the exceptional circumstances that apply in relation to the affected person; and

  (c)   set out any other information specified in the Bonded Medical Program rules; and

  (d)   be accompanied by any documents specified in the Bonded Medical Program rules.

  (3)   If an applicant makes an application under subsection   (1), the Secretary may determine that exceptional circumstances apply in relation to the affected person.

  (4)   In determining whether exceptional circumstances apply in relation to the affected person, the Secretary must have regard to any matter specified in the Bonded Medical Program rules.

  (5)   If the Secretary makes the determination under subsection   (3) that exceptional circumstances apply in relation to the affected person, the Secretary must:

  (a)   give the applicant written notice of the determination; and

  (b)   state in the notice that the Secretary is satisfied that:

  (i)   the exceptional circumstances will prevent the affected person from complying with the condition mentioned in paragraph   124ZG(1)(a) or (c); or

  (ii)   the affected person breached a condition mentioned in paragraph   124ZG(1)(a) or (c) as a result of the exceptional circumstances; or

  (iii)   the affected person withdrew from the Bonded Medical Program under section   124ZP as a result of the exceptional circumstances; and

  (c)   set out, in the notice, the effect of subparagraph   124ZE(4)(b)(vi) and whichever of the following provisions is applicable in relation to the affected person:

  (i)   subsection   124ZH(4);

  (ii)   subsection   124ZJ(4);

  (iii)   subsection   124ZQ(6).

  (6)   A statement under subparagraph   (5)(b)(ii) or (iii) may relate to a breach of a condition or a withdrawal (as the case may be) that occurs before or after the commencement of this section.

  (7)   If the Secretary refuses to make the determination under subsection   (3) in relation to the affected person, the Secretary must give the applicant written notice of the following:

  (a)   the decision to refuse to make the determination;

  (b)   the reasons for the decision;

  (c)   how the applicant may apply for review of the decision.