19ABCMedicare benefits not payable to certain MRBS participants

19ABC Medicare benefits not payable to certain MRBS participants

(1) If: (a) a person is a party to a contract with the Commonwealth (as represented by the Department) for a Medical Rural Bonded Scholarship (including such a contract as varied from time to time) that was entered into before the commencement of this section; and (b) after the commencement of this section, the person breaches a provision of the contract that requires the person to work in a rural or remote area in accordance with that provision; the Minister may determine that a medicare benefit is not payable in respect of a professional service rendered by, or on behalf of, the person as a medical practitioner. (2) In deciding whether to make a determination under subsection (1), the Minister must have regard to any matters prescribed by the regulations. (3) If the Minister makes a determination under subsection (1) in relation to the person, a medicare benefit is not payable to the person during the period that: (a) starts on the day specified in the determination (which must not be a day before the determination is made); and (b) ends: (i) when the period that is equal to double the length of the period that the person was required under the contract to work in a rural or remote area ends; or (ii) if a shorter period is determined in, or in accordance with, the contract—when that shorter period ends. (4) Subsection (3) applies whether or not the person was a medical practitioner at the time the contract was entered into or at the time the breach occurred. (5) If the Minister makes a determination under subsection (1) in relation to the person, the Minister must give the person written notice of the following: (a) the decision to make the determination; (b) the reasons for the decision; (c) how the person may apply for reconsideration or review of the decision.