Health Insurance Act 1973

This section applies if the person under review has been given a notice under subsection 106KD(3) inviting submissions on changes to the draft report.

After the period of 1 month referred to in subsection 106KD(3), the Committee must, after taking into account any submissions made to the Committee by the person under review within that period, prepare a final report setting out:

if the Committee members are unanimous in their findings—those findings; or

if a majority of the Committee members are agreed on findings—those findings and the findings of the other Committee member or Committee members; or

if there are not a majority of the Committee members who are agreed on findings—the respective findings of the Committee members.

The final report must not include a finding of inappropriate practice unless the finding and the reasons for the finding were included in the draft report under section 106KD.

If the person under review is a practitioner, the final report may, with the person’s written consent, include recommendations of the kind mentioned in subsection 106KD(2).

Unless subsection (5) applies, the Committee must:

give copies of the final report to the person under review and the Director; and

give the final report to the Determining Authority not earlier than 1 month after the day on which a copy of the report is given to the person under review.

The copy given to the person under review under paragraph (3)(a) must be accompanied by a written notice setting out the terms of paragraph (3)(b).

If the final report does not contain a finding by all, or a majority, of the Committee members that the person under review engaged in inappropriate practice in the provision of some or all of the referred services:

the Committee must give copies of the report to:

the person under review; and

the Director; and

the Chief Executive Medicare; and

the copies must include, or be accompanied by, a written notice stating that:

the report does not contain a finding by all, or a majority, of the Committee members that the person under review engaged in inappropriate practice; and

no further action will be taken as a result of the report.

This section applies as if a reference in this section to a practitioner included a reference to a person who has been a practitioner.