A medical practitioner's misunderstanding of the criteria for a Medicare Benefits Schedule item (such as the requirements for an item 2 consultation) constitutes a mistake of law, not a mistake of fact, and accordingly does not ground a defence under s 128A(5) of the Health Insurance Act 1973 (Cth). Where a guilty plea was entered with legal representation and the accused sought a forensic advantage from the early plea, exceptional circumstances disclosing a miscarriage of justice must be demonstrated before the plea can be set aside on appeal.
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