Julia Gillard (Lalor, Australian Labor Party, Shadow Minister for Health and Manager of Opposition Business in the House) Share this | Hansard source

Mr Deputy Speaker, I seek leave to incorporate the amendments I would have moved had we had a consideration in detail stage and had the guillotine not been applied to this bill.

Leave granted.

The amendments read as follows—

(1)    Schedule 1, item 11, page 6 (line 7), add

                 “and to refer matters to the Australian Competition and Consumer Commission or to other bodies for inquiry”.

(2)    Schedule 1, after item 70, page 16 (after line 16), insert

70A  Heading of Division 4

Omit the heading, substitute:

Division 4 — Health Insurance Commission may conduct investigations, refer matters to ACCC or other bodies

(3)    Schedule 1, after item 82, page 21 (after line 32) insert:

82A  After section 82ZTBB

Insert:

82ZTBC  Health Insurance Ombudsman may refer matters to Australian Competition and Consumer Commission

                 The Health Insurance Ombudsman may, on his or her own initiative, refer, by notice in writing, a specified matter or specified matters concerning charges by health care providers to the Australian Competition and Consumer Commission for inquiry and report.

(4)    Schedule 1, after item 82, page 21 (after line 32) insert:

82B  After section 82ZTBB

Insert

82ZTBD  Minister may refer matters to Australian Competition and Consumer Commission

                 The Minister may refer, by notice in writing, a specified mater or specified matters concerning charges by health care providers to the Australian Competition and Consumer Commission for inquiry and report.

(5)    Schedule 1, after item 82, page 21 (after line 32) insert:

82C  After section 82ZTBB

Insert:

82ZTBE  Health Insurance Ombudsman may refer matter to other body

                 If, in the Health Insurance Ombudsman’s opinion, it is more appropriate for a specified matter or specified matters concerning charges by health care providers to be referred to a body other than the Australian Competition and Consumer Commission, the Health Insurance Ombudsman may refer, by notice in writing, that specified matters or those specified matters to that other body for inquiry and report.

(6)    Schedule 1, after item 82, page 21 (after line 32) insert:

82D  After section 82ZTBB

Insert:

82ZTBF  Minister may refer matters to other body

                 If, in the Minister’s opinion, it is more appropriate for a specified matter or specified matters concerning changes by health care providers to be referred to a body other than the Australian Competition and Consumer Commission, the Minister may refer, by notice in writing, that specified matter or those specified matters to that other body for inquiry and report.

(7)    Schedule 1, after item 82, page 21 (after line 32) insert

82E  After section 82ZTBB

Insert:

82ZTBC  Inquiries by other bodies

                 If a specified matter is or specified matters are referred to another body under section 82ZTBE or 82ZTBF,

        (1)    the other body must, if it agrees to hold the inquiry, appoint, by instrument in writing, a person to preside at the inquiry;

        (2)    however, if the other body is a group of two or more individuals, the Minister must, by instrument in writing, appoint one of those individuals to preside at the inquiry;

        (3)    the Minister must, as soon as practicable after confirmation that the other body will hold the inquiry, cause a statement to be tabled in each House of the Parliament;

             (a)    specifying that the body will hold the inquiry, and

             (b)    giving the reasons the body, rather than the Australian Competition and Consumer Commission, has been requested to hold the inquiry.

(8)    After Schedule 2, page 27 (after line 10), add the following new schedule

“Schedule 3 — Amendment to the Trade Practices Act

Trade Practices Act 1974

1  After subsection 95C(1)

Insert:

     (1A)    This Part also applies in respect to an inquiry concerning a specified matter or specified matters referred to the Commission under section 82ZTBC or 82ZTBD of the Health Insurance Act 1953.

2  Section 95E

Add:

                 “and to protect consumers by holding inquiries referred to it under section 82ZTBC or 82ZTBD of the Health Insurance Act 1953.

3  After subsection 95G(3)

Insert:

     (3A)    The Commission may hold such inquiries as one referred to it under section 82ZTBC or 82ZTBD of the Health Insurance Act 1953.

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