203 Review of Act
(1) The Minister must review the operation of this Act as soon as
practicable after the end of every 5th year after the day this section
commences.
(2) The Minister must present a report on the review to the Legislative
Assembly as soon as practicable after the review is completed.
Section 1.1
(see s 194)
Note This schedule is a tax law under the Taxation Administration Act 1999.
As a tax law, this Act is subject to provisions of the Taxation
Administration Act 1999 about the administration and enforcement of tax
laws generally.
1.1 Definitions for sch 1
In this schedule:
ambulance levy—see section 1.4.
basic health benefits means benefits payable by a health benefits
organisation under the basic table of the organisation to contributors
of the health benefits fund conducted by the organisation.
contributor, to a health benefits fund, means a person who
contributes to the fund, or for whom contributions are made to the
fund, in accordance with the rules of the organisation that conducts
the fund.
exempt contribution—see section 1.2.
family rate, for contributions, means contributions that are not single
rate contributions.
health benefits fund means a fund conducted by a health benefits
organisation from which the organisation makes payments to
contributors to the fund for—
(a) accommodation in hospitals; and
(b) surgical, therapeutic or other medical or health treatments,
services or procedures in hospitals.
health benefits organisation means an organisation that provides
health benefits to contributors to a health benefits fund conducted by
the organisation.
Section 1.2
reference month—see section 1.3.
single rate, for contributions, means contributions by a person who
contributes only in relation to the person.
1.2 Meaning of exempt contribution
(1) This section applies to contributions paid into a health benefits fund
for the purpose of securing entitlement to basic health benefits.
(2) A contribution is an exempt contribution if—
(a) the contributor is in a class of people prescribed by regulation;
or
(b) it is—
(i) if paid at the single rate—paid while the contributor is
absent from Australia for at least the period prescribed by
regulation; or
(ii) if paid at the family rate—paid while all the contributors
are absent from Australia for at least the period prescribed
by regulation.
1.3 Meaning of reference month
For a month mentioned in table 1.3, column 2, the reference month
is the month mentioned in the table, column 3 for the month:
Table 1.3 Reference months
item
month
reference month
1 January October in previous year
2 February November in previous year
3 March December in previous year
4 April January in same year
Section 1.4
item
month
reference month
5 May February in same year
6 June March in same year
7 July April in same year
8 August May in same year
9 September June in same year
10 October July in same year
11 November August in same year
12 December September in same year
1.4 Imposition of ambulance levy
(1) A levy (the ambulance levy) is imposed on a health benefits
organisation carrying on business in the ACT.
(2) The ambulance levy is imposed for each month in accordance with
the following formula:
(3) For this section, a person is taken to be contributing at the single rate
if—
(a) the person is contributing at the family rate; and
(b) only 1 of the people on behalf of whom the contributions are
made is living in Australia.7
D
RA2F)(S +
Section 1.4
(4) For this section, a health benefits organisation is taken to carry on
business in the ACT if, in relation to a health benefits fund conducted
by it—
(a) it uses premises in the ACT or the services of a person in the
ACT for—
(i) the enrolment of contributors; or
(ii) the payment of benefits to contributors; or
(b) any contributor lives in the ACT.
(5) If a health benefits organisation cannot accurately work out
something required to work out an amount of levy payable by the
organisation, the organisation may work it out in the way it considers
reasonable.
D, in relation to a month, means the number of days in the reference
month for that month.
F, in relation to a month, means the number of contributors (other
than contributors whose contributions are exempt) who, at the
beginning of the reference month for that month, were contributing at
the family rate.
RA means—
(a) the amount determined under the Taxation Administration
Act 1999, section 139 for this section; or
(b) if no amount is determined—83 cents.
S, in relation to a month, means the number of contributors (other
than contributors whose contributions are exempt) who, at the
beginning of the reference month for that month, were contributing at
the single rate.
Section 1.5
1.5 Organisation to pay levy
Levy imposed on a health benefits organisation under this schedule is
payable to the commissioner for revenue by the organisation.
1.6 Returns
(1) A health benefits organisation must give the commissioner for
revenue a return for each month on or before the 15th day of the
month.
(2) The return must state, in relation to the reference month for the
month—
(a) the number of contributors who contribute at the single rate
(including contributors who are taken to be contributing at the
single rate); and
(b) the number of contributors who contribute at the family rate; and
(c) the number of days in the reference month.
1.7 Records
A health benefits organisation must, for a return lodged by it for a
month under section 1.6, keep a record of—
(a) the name and address of each contributor to the health benefits
fund conducted by the organisation for the month; and
(b) the amount of the contribution; and
(c) the name of each person entitled to receive health benefits from
the organisation because of the contribution; and
(d) anything else relating to the payment of the levy to which the
return relates that the commissioner for revenue directs in
writing.
Section 1.8
1.8 Levy payable if organisation stops operations
(1) If a health benefits organisation stops carrying on business in the
ACT, it is liable to pay the levy worked out in accordance with this
section.
(2) The organisation must, on or before the 15th day of the month for
which the levy is payable, give the commissioner for revenue a return
for the month.
(3) The levy payable by the organisation is payable—
(a) if the organisation stopped carrying on business before the 15th
day of a month—for that month; and
(b) if the organisation stopped carrying on business on or after the
15th day of a month—for the month immediately after that
month.
(4) Section 1.6 (2) applies to the return.
(5) In the application of—
(a) section 1.6 (2) to the return in relation to a month (the payment
month); and
(b) the Motor Accident Injuries Act 2019, chapter 6 (Motor accident
injuries insurance);
contributions paid into the health benefits fund that have not
previously been required to be taken into account as contributions in
relation to a reference month for working out the ambulance levy
payable by the organisation are taken to have been paid into the fund
in the reference month for the payment month.
Section 1A.1
Schedule 1A Ambulance service quality
assurance committee
1A.1 Definitions—sch 1A
In this schedule:
committee means the ambulance service quality assurance
information holder means a person who—
(a) is or has been a member of the committee; or
(b) exercises or has exercised a function under this schedule; or
(c) is or has been engaged in the administration of this schedule; or
(d) has been given information under this Act by a person
mentioned in paragraphs (a), (b) or (c).
protected information—
(a) means information about a person that is disclosed to, or
obtained by, an information holder because of the exercise of a
function under this Act by the information holder or someone
else; and
(b) includes sensitive information.
sensitive information means information that—
(a) identifies a person who—
(i) has received an ambulance service; or
(ii) is exercising a function in relation to the ambulance
(iii) has provided information to the committee in the course of
the committee carrying out the committee’s functions
under this chapter; or
Section 1A.2
(b) would allow the identity of a person mentioned in paragraph (a)
to be worked out.
1A.2 Function of ASQAC
The committee has the following functions:
(a) to facilitate the improvement of clinical services provided by
the ambulance service in the ACT;
(b) any other function given to the committee under this Act.
1A.3 Appointment of ASQAC members
(1) The commissioner must appoint the members of the committee.
nominating the occupant of a position (see Legislation Act, s 207).
Note 3 A person may be reappointed to a position if the person is eligible to be
appointed to the position (see Legislation Act, s 208 and dict, pt 1, def
appoint).
(2) An appointment must be for a term of not longer than 3 years.
(3) An appointment is a notifiable instrument.
1A.4 Disclosure of interest by ASQAC members etc
(1) If a person who is a member of, or acting under the direction of, the
committee has a material interest in an issue being considered, or
about to be considered, by the committee, the person must disclose
the nature of the interest at a committee meeting as soon as practicable
after the relevant facts come to the person’s knowledge.
Section 1A.4
(2) The disclosure must be recorded in the committee’s minutes and,
unless the committee otherwise decides, the person must not—
(a) be present when the committee considers the issue; or
(b) take part in a decision of the committee on the issue.
(3) Any other person who also has a material interest in the issue must
not be present when the committee is considering its decision under
subsection (2).
associate, of a person, means—
(a) the person’s business partner; or
(b) a close friend of the person; or
(c) a family member of the person.
executive officer, of a corporation, means a person (however
described) who is concerned with, or takes part in, the corporation’s
management, whether or not the person is a director of the
corporation.
indirect interest—without limiting the kinds of indirect interests a
person may have, a person has an indirect interest in an issue if any
of the following has an interest in the issue:
(a) an associate of the person;
(b) a corporation if the corporation has not more than 100 members
and the person, or an associate of the person, is a member of the
corporation;
(c) a subsidiary of a corporation mentioned in paragraph (b);
(d) a corporation if the person, or an associate of the person, is an
executive officer of the corporation;
(e) the trustee of a trust if the person, or an associate of the person,
is a beneficiary of the trust;
Section 1A.5
(f) a member of a firm or partnership if the person, or an associate
of the person, is a member of the firm or partnership;
(g) someone else carrying on a business if the person, or an
associate of the person, has a direct or indirect right to
participate in the profits of the business.
material interest—a person has a material interest in an issue if the
person has—
(a) a direct or indirect financial interest in the issue; or
(b) a direct or indirect interest of any other kind if the interest could
conflict with the proper exercise of the person’s functions in
relation to the committee’s consideration of the issue.
1A.5 Procedure for ASQAC
In exercising its functions, the committee—
(a) must comply with the rules of natural justice; and
(b) is not bound by the rules of evidence but may inform itself of
anything in the way it considers appropriate; and
(c) may do whatever it considers necessary or convenient for the
fair and prompt exercise of its functions.
1A.6 Obtaining information
(1) The committee may ask anyone to give the committee information,
including protected information, that is relevant to the committee
carrying out its function.
(2) When asking anyone for information, the committee must tell the
person that giving false or misleading information is an offence
against the Criminal Code, section 338 (Giving false or misleading
information).
Section 1A.7
(3) If someone gives information honestly and without recklessness to
the committee under subsection (1)—
(a) the giving of the information is not—
(i) a breach of confidence; or
(ii) a breach of professional etiquette or ethics; or
(iii) a breach of a rule of professional conduct; and
(b) the person does not incur civil or criminal liability only because
of the giving of the information.
1A.7 Annual ASQAC report to Minister
(1) The committee must, for each financial year, prepare a report
(a ministerial report) about the committee’s operation during the
year.
(2) The ministerial report must include information for the financial year
about—
(a) the committee’s functions under the Act; and
(b) how the committee’s functions were facilitated by the
application of section 198 (Protection of officials from liability);
and
(c) why it was in the public interest for section 1A.10 (Offence—
secrecy of protected information) to apply to information held
by the committee members.
(3) The ministerial report must comply with any requirements prescribed
by regulation for this section.
(4) The ministerial report must not include sensitive information.
(5) The ministerial report must be given to the Minister not later than
3 months after the end of the financial year.
Section 1A.8
1A.8 ASQAC may give information
(1) The committee may give protected information to 1 or more of the
following if the committee is satisfied that giving the information
would be likely to facilitate the improvement of clinical services
provided by the ambulance service in the ACT:
(a) the Coroner’s Court;
(b) a health board;
(c) the Minister.
(2) If the committee gives protected information to a health board under
subsection (1), the committee must also give the information to the
health services commissioner.
health board means a national board established under the Health
Practitioner Regulation National Law (ACT), section 31.
1A.9 Admissibility of ASQAC evidence
(1) The following are not admissible as evidence in a proceeding before
a court:
(a) an oral statement made in a proceeding before the committee;
(b) a document given to the committee, but only to the extent that it
was prepared only for the committee;
(c) a document prepared by the committee.
court includes a tribunal, authority or person with power to require
the production of documents or the answering of questions.
Section 1A.10
1A.10 Offence—secrecy of protected information
(1) An information holder commits an offence if—
(a) the information holder—
(i) makes a record of protected information about someone
else; and
(ii) is reckless about whether the information is protected
information about someone else; or
(b) the information holder—
(i) does something that divulges protected information about
someone else; and
(ii) is reckless about whether—
(A) the information is protected information about
someone else; and
(B) doing the thing would result in the information being
divulged to another person.
(2) This section does not apply to the making of a record or the divulging
of information if the record is made or the information divulged—
(a) under this Act; or
(b) in the exercise of a function, as an information holder, under this
Act.
(3) This section does not apply to the making of a record or the divulging
of information if—
(a) the protected information is not sensitive information; and
(b) the record is made or the information divulged—
(i) under another territory law; or
Section 1A.10
(ii) in the exercise of a function, as an information holder,
under another territory law.
(4) This section does not apply to the divulging of protected information
about someone with the person’s agreement.
(5) An information holder must not divulge protected information to a
court, or produce a document containing protected information to a
court, unless it is necessary to do so for this Act.
Note A quality assurance committee may give protected information to the
Coroner’s Court (see s 1A.8).
court includes a tribunal, authority or person with power to require
the production of documents or the answering of questions.
divulge includes communicate.
produce includes allow access to.