19CAReview of decisions

19CA Review of decisions

(1) In this section:

decision has the same meaning as in the Administrative Review Tribunal Act 2024.

(2) If the Minister makes a decision under subsection 19C(3) or (4) refusing to direct that a medicare benefit is payable in respect of a professional service, the person claiming the benefit (in this section called the applicant) may apply to the Minister for a reconsideration by the Minister of the decision. (3) An application under subsection (2) must be made within 28 days after the applicant receives a notice under subsection 19C(7). (4) If an applicant applies to the Minister for reconsideration of a decision the Minister may, after reconsidering the decision: (a) affirm the decision; or (b) make a decision that benefit is payable in respect of the service. (5) Where the Minister makes a decision under paragraph (4)(a), a written notice must be given to the applicant containing: (a) the terms of the decision and the reasons for it; and (b) a statement to the effect that, subject to the Administrative Review Tribunal Act 2024, application may be made to the Administrative Review Tribunal for a review of the decision. (6) A notice under subsection (5) must be given within 28 days after the Minister makes a decision under subsection (4). (7) Failure to include in a notice under subsection (5) a statement of the kind mentioned in paragraph (5)(b), does not affect the validity of the Minister’s decision. (8) Subject to the Administrative Review Tribunal Act 2024, application may be made to the Administrative Review Tribunal by a person whose interests are affected by a decision of the Minister made under paragraph (4)(a).