17Application and modification of the Repatriation Private Patient Principles

17 Application and modification of the Repatriation Private Patient Principles

(1) The Repatriation Private Patient Principles, or, if the Repatriation Private Patient Principles have been modified under this section, the Repatriation Private Patient Principles as so modified, are binding on the Commission in the Commission’s exercise of its powers and discretions under this Act. (2) The Commission may, in writing, prepare modifications of the Repatriation Private Patient Principles in their application for the purposes of this Act. (3) The modifications are to set out circumstances in which treatment provided under this Act for eligible persons is to be provided for those persons as private patients. (4) Without limiting subsection (2), the modifications may also include provisions dealing with the following matters in relation to treatment provided under this Act for such persons as private patients: (a) whether approval by the Commission of the treatment is required; (b) if approval by the Commission of the treatment is required—the exercise of the Commission’s power to approve the treatment, whether before or after the treatment is given or begins to be given; (c) where the treatment may be provided. (5) The Commission may, in writing, prepare variations or revocations of the modifications at any time. (6) A modification, or a variation or revocation of a modification, has no effect unless the Minister has, in writing, approved the instrument making the modification, variation or revocation. (7) A modification, or a variation or revocation of a modification, prepared by the Commission and approved by the Minister is a legislative instrument made by the Minister on the day on which the modification, variation or revocation is approved. (8) For the purposes of this section, treatment is taken to be provided to a person as a private patient if: (a) the treatment is provided to the person as a person who is, for the purposes of the Health Insurance Act 1973, a private patient of a hospital; or (b) the treatment is provided to the person by a medical specialist to whom the person has been referred but is not provided at a hospital.