Health Insurance (Allied Health Services) Determination 2011
11Reconsideration of Decision
Start here
Get a plain-English read of 11
Turn the raw legal text into a practical explanation grounded in Health Insurance (Allied Health Services) Determination 2011.
11 Reconsideration of Decision
(1) Where the Minister has provided notification under section 10(6), the allied health professional may apply to the Minister for reconsideration of that decision. (2) The application must be made in writing: (a) within 28 days from the date of the decision; or (b) if the Minister is satisfied that special circumstances exist, within such further period as the Minister, before the expiration of the period referred to in paragraph (a), allows. (3) The allied health professional must set out the reasons for the application and in doing so, may provide new material for the Minister to consider. (4) The Minister must, within 28 days after receipt of an application made in accordance with subsection (1), reconsider the decision and make a new decision either: (a) affirming the decision; or (b) setting aside the decision. (5) The Minister must give the allied health professional notice in writing of the reconsideration decision setting out: (a) the decision; and (b) the reasons for the decision. (6) The allied health professional may, as an alternative to applying for reconsideration of the decision, request further time to complete the number of units required to satisfy the Minister that the allied health professional complies with section 10(1). (7) If the allied health professional makes a request for further time under subsection (6) that request takes the place of the right to reconsideration under subsection (1). (8) If the allied health professional makes a request under subsection (6), the period of time in which to complete the number of units required to satisfy the Minister is 28 days, commencing from the date of notification by the Minister that the allied health professional may complete the nominated amount of units. (9) If, by the end of the period of time referred to in subsection (8), the Minister is not satisfied that the allied health professional has completed the amount of units required to comply with section 10(1), the Minister must: (a) proceed as if the allied health professional had applied under subsection (1); (b) make a decision, which will be regarded as being made under subsection (4); and (c) give the allied health professional notice in writing of the decision as if the notice was given under subsection (5). (10) The Minister must provide a written copy of a decision made under this section to the Chief Executive Medicare.