38Chief Executive Medicare may request information

38 Chief Executive Medicare may request information

(1) If the Chief Executive Medicare believes on reasonable grounds that a person is capable of giving information that is relevant to determining: (a) whether an indemnity scheme payment is payable; or (b) the amount of the indemnity scheme payment that is payable; or (c) whether a qualifying claim certificate or qualifying allied health claim certificate should be issued, varied or revoked; or (d) the Commonwealth’s possible future liability to make indemnity scheme payments, or a particular kind of indemnity scheme payment; the Chief Executive Medicare may request the person to give the Chief Executive Medicare the information.

Note 1: Failure to comply with the request is an offence (see section 45).

Note 2: Failure to comply may affect certain indemnity scheme payments: see sections 34I, 34ZZO and 37.

(2) Without limiting subsection (1), any of the following persons may be requested to give information under that subsection: (a) an MDO; (b) an insurer; (c) a member, or former member, of an MDO; (ca) a person who practises, or used to practise, a medical profession; (cb) a person who is acting, or has acted, on behalf of a person covered by paragraph (ca); (d) the legal personal representative of a person covered by paragraph (c), (ca) or (cb). (3) Without limiting subsection (1), if the information sought by the Chief Executive Medicare is information relating to a matter in relation to which a person is required by section 39 or 40 to keep a record, the Chief Executive Medicare may request the person to give the information by giving the Chief Executive Medicare the record, or a copy of the record. (3A) Without limiting paragraph (1)(d), the Chief Executive Medicare may request an MDO or insurer to give information under that paragraph on a periodic basis. (4) The request: (a) must be made in writing; and (b) must state what information must be given to the Chief Executive Medicare; and (c) may require the information to be verified by statutory declaration; and (d) must specify the day on or before which the information must be given; and (e) must contain a statement to the effect that a failure to comply with the request is an offence. The day specified under paragraph (d) must be at least 28 days after the day on which the request is made.