35FIdentification numbers—Chief Executive Medicare’s reconsideration of decisions

35F Identification numbers—Chief Executive Medicare’s reconsideration of decisions

(1) The person who is the subject of a decision of the following kind made by the Chief Executive Medicare may request, in writing, the Chief Executive Medicare to reconsider the decision: (a) a decision under subsection 35(6) or (8) to refuse to allocate an identification number for a place of practice; (b) a decision under subsection 35B(2) to suspend the allocation of an identification number; (c) a decision under subsection 35C(6) or (8) to refuse to lift the suspension of the allocation of an identification number. Timing of request (2) The person must make the request in writing as follows: (a) before the end of the period of 30 days beginning on the day on which the Chief Executive Medicare notifies the person of the decision, unless paragraph (b) applies; (b) if the Chief Executive Medicare allows a longer period for making the request—before the end of that longer period. Reasons for request (3) The person must set out in the request the reasons for the request. Withdrawal of request (4) A person’s request for reconsideration of a decision made under subsection 35(6) or (8) to refuse to allocate an identification number for a place of practice is taken to have been withdrawn if: (a) the person makes another application for the allocation of an identification number to the person for that place of practice; and (b) the person makes the other application before the Chief Executive Medicare makes a decision under subsection (5) of this section on reconsideration of the decision made under subsection 35(6) or (8). Decision on reconsideration (5) The Chief Executive Medicare, on receiving a person’s request made in accordance with subsections (2) and (3): (a) must affirm, vary or set aside the decision covered by subsection (1); and (b) if the Chief Executive Medicare sets aside the decision—may make such other decision as the Chief Executive Medicare thinks appropriate. (6) The Chief Executive Medicare must make the decision on reconsideration before the end of the following: (a) the period of 60 days beginning on the day the Chief Executive Medicare receives the request, unless paragraph (b) applies; (b) if the person and the Chief Executive Medicare agree on a longer period—that longer period. Notice of decision on reconsideration (7) The Chief Executive Medicare must give the person written notice of the Chief Executive Medicare’s decision on reconsideration and of the reasons for that decision.

Note: Section 266 of the Administrative Review Tribunal Act 2024 requires the person to be notified of the person’s review rights.

When decision on reconsideration takes effect (8) The Chief Executive Medicare’s decision on reconsideration takes effect: (a) on the day specified in the notice; or (b) if a day is not specified in the notice—on the day on which that decision is made. Chief Executive Medicare may be taken to have affirmed decision (9) The Chief Executive Medicare is taken to have made a decision affirming the decision under reconsideration if the Chief Executive Medicare has not notified the person of the Chief Executive Medicare’s decision on reconsideration before the end of the period applicable under subsection (6).