Malcolm Roberts (Queensland, Pauline Hanson's One Nation Party) | Hansard source

by leave—I, at the request of Senator Lambie, move Jacqui Lambie Network amendments (1) and (2) on sheet 3666 together:

(1) Schedule 1, heading, page 3 (line 1), omit "Amendments", substitute "Amendments relating to nurses".

(2) Page 12 (after line 4), at the end of the Bill, add:

Schedule 2 — Amendments relating to podiatrists

Health Insurance Act 1973

1 Subsection 81(1)

Insert:

eligible podiatrist prescriber has the same meaning as in Part VII of the National Health Act 1953.

2 Subsection 81(1) (paragraph (b) of the definition of service )

After "an optometrist,", insert "an eligible podiatrist prescriber,".

3 Subsection 92(7) (after paragraph (ba) of the definition of Part VII authority )

Insert:

(baa) the approval of an eligible podiatrist prescriber as an authorised podiatrist prescriber under section 84AADB of that Act;

4 Subsection 106U(5) (after paragraph (ba) of the definition of Part VII authority )

Insert:

(baa) the approval of an eligible podiatrist prescriber as an authorised podiatrist prescriber under section 84AADB of that Act;

National Health Act 1953

5 Subsection 4(2)

After "(1C),", insert "(1CA),".

6 Subsection 84(1)

Insert:

authorised podiatrist prescriber means an eligible podiatrist prescriber in relation to whom an approval is in force under section 84AADB.

eligible podiatrist prescriber has the meaning given by section 84AADA.

7 Subsection 84(1) (after paragraph (c) of the definition of PBS prescriber )

Insert:

(ca) an authorised podiatrist prescriber; or

8 Subsection 84(1) (after paragraph (a) of the definition of prescriber bag provisions )

Insert:

(aa) section 93AAA (supplies by authorised podiatrist prescribers);

9 After section 84AAD

Insert:

84AADA Meaning of eligible podiatrist prescriber

(1) For the purposes of this Part, a person is an eligible podiatrist prescriber if the person:

(a) is a podiatrist; and

(b) meets the requirements set out in a determination made under subsection (3).

(2) However, if there is no determination in force under subsection (3), a person cannot be an eligible podiatrist prescriber for the purposes of this Part.

(3) The Minister may, by legislative instrument, determine one or more requirements that a specified person must meet in order to be an eligible podiatrist prescriber for the purposes of this Part.

(4) The requirements that may be determined under subsection (3), include (but are not limited to) one or more of the following:

(a) a requirement to hold particular qualifications in podiatry;

(b) a requirement to have particular experience in podiatry;

(c) a requirement to be endorsed by a particular body.

84AADB Authorised podiatrist prescriber

(1) An eligible podiatrist prescriber may apply to the Secretary, in writing, to be an authorised podiatrist prescriber for the purposes of this Part.

(2) The Secretary may approve the application if satisfied that the eligible podiatrist prescriber meets the criteria determined under paragraph (3)(a). The approval is subject to any conditions determined under paragraph (3)(b).

(3) The Minister may, by legislative instrument, determine either or both of the following:

(a) criteria by which applications are to be considered under this section;

(b) conditions to which approvals under this section are subject.

(4) Without limiting paragraph (3)(a), the criteria may include the following:

(a) a requirement to have an agreement (a podiatrist prescriber agreement) in place with one or more other kinds of PBS prescribers;

(b) a requirement to have specified features in a podiatrist prescriber agreement.

(5) Without limiting paragraph (3)(b), the conditions may include the following:

(a) a condition that podiatrist prescriber agreements are to be retained and produced to the Secretary on request;

(b) a condition that the eligible podiatrist prescriber does not, under a podiatrist prescriber agreement, prescribe a pharmaceutical benefit that could not be prescribed by a PBS prescriber with whom the agreement is made.

(6) The Secretary must, as soon as practicable, approve or reject an application under subsection (1) and notify the applicant in writing of the decision.

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

84AADC Secretary may suspend or revoke approval of authorised podiatrist prescriber

(1) The Secretary may suspend or revoke an approval under section 84AADB if satisfied that the person to whom the approval relates:

(a) is not, at the time of the suspension or revocation, an eligible podiatrist prescriber; or

(b) does not, at the time of the suspension or revocation, meet the criteria that would apply if the person were to apply under subsection 84AADB(1) to be an authorised podiatrist prescriber at that time; or

(c) has breached a condition to which the approval is subject under paragraph 84AADB(3)(b); or

(d) has breached a condition to which an approval would be subject under paragraph 84AADB(3)(b) if the person were to apply under subsection 84AADB(1) to be an authorised podiatrist prescriber at that time.

(2) Before deciding to suspend or revoke the approval, the Secretary must notify the person that suspension or revocation is being considered. The notice must:

(a) be in writing; and

(b) include the Secretary's reasons for considering the suspension or revocation; and

(c) invite the person to make written submissions to the Secretary within the period of 28 days (the submission period) after being given the notice.

(3) In deciding whether to suspend or revoke the approval, the Secretary must consider any written submissions made by the person during the submission period.

(4) The Secretary must give to the person written notice of the decision. If the decision is to suspend an approval, the notice must specify the period for which the approval is suspended.

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

(5) If the Secretary does not give the person written notice of the decision within the period of 60 days after the end of the submission period, the Secretary is taken to have decided not to suspend or revoke the approval.

(6) If the Secretary suspends the approval, the Secretary may, by written notice at any time, further suspend or revoke the approval under subsection (1) or remove the suspension.

84AADD Review of decisions relating to authorised podiatrist prescribers

(1) If the Secretary:

(a) decides not to approve an eligible podiatrist prescriber under section 84AADB; or

(b) suspends or revokes an approval under section 84AADC;

the person to whom the approval relates may apply, in writing, to the Secretary for reconsideration by the Secretary of the decision.

(2) On receiving an application under subsection (1) relating to a decision not to approve an eligible podiatrist prescriber under section 84AADB, the Secretary must reconsider the decision and:

(a) affirm the decision; or

(b) approve the eligible podiatrist prescriber.

An approval under paragraph (b) is taken, for the purposes of this Act, to be an approval under section 84AADB.

(3) On receiving an application under subsection (1) relating to a suspension or revocation of an approval under section 84AADC, the Secretary must reconsider the decision and:

(a) affirm the suspension or revocation; or

(b) reinstate the approval.

A reinstatement under paragraph (b) has effect as if the approval had never been revoked.

(4) The Secretary must give to the applicant written notice of the Secretary's decision under subsection (2) or (3).

Note: Sections 105AC of this Act and 266 of the Administrative Review Tribunal Act 2024 require the person to be notified of the person's review rights.

(5) In this section:

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

10 After subparagraph 86(1)(b)(iii)

Insert:

(iiia) podiatry treatment by an authorised podiatrist prescriber; or

11 After subsection 88(1C)

Insert:

(1CA) Subject to this Part, an authorised podiatrist prescriber is authorised to write a prescription on or after 1 July 2026 for the supply of any pharmaceutical benefit determined from time to time by the Minister for the purposes of this subsection, by legislative instrument.

12 Subsection 88(1EA)

After "(1C),", insert "(1CA),".

13 Subsection 88(1F)

After "(1C),", insert "(1CA),".

14 After paragraph 88(3)(c)

Insert:

(ca) by an authorised podiatrist prescriber otherwise than in relation to the podiatry treatment by the authorised podiatrist prescriber of a person requiring that pharmaceutical benefit; or

15 Paragraph 89(b)

After "section 93,", insert "section 93AAA,".

16 After section 93

Insert:

93AAA Prescriber bag supplies — authorised podiatrist prescribers

(1) Except as prescribed by the regulations, an authorised podiatrist prescriber is authorised to supply such pharmaceutical benefits as the Minister, by legislative instrument, determines to persons who are entitled under this Part to receive those pharmaceutical benefits.

(2) For the purposes of this section, the Minister may, by legislative instrument, determine the maximum quantity or number of units of a pharmaceutical benefit which may be obtained by an authorised podiatrist prescriber during a specified period.

(3) The regulations may make provision for or in relation to the obtaining of pharmaceutical benefits by an authorised podiatrist prescriber for the purposes of this section.

(4) The regulations may make provision for or in relation to payments by the Commonwealth in respect of the supply of pharmaceutical benefits under this section.

17 After paragraph 98(1)(c)

Insert:

(ca) an authorised podiatrist prescriber requests that the authorised podiatrist prescriber's approval as an authorised podiatrist prescriber under section 84AADB be cancelled; or

18 After paragraph 99ZJ(4)(aa)

Insert:

(aaa) a letter from an authorised podiatrist prescriber signed on or after 1 July 2026 to that effect; or

19 Subparagraph 99ZJ(4)(b)(ii)

After "optometrist,", insert "authorised podiatrist prescriber,".

20 After paragraph 99ZJ(4A)(a)

Insert:

(aa) for substances prescribed by an authorised podiatrist prescriber—on or after 1 July 2026; or

21 Subsection 99ZJ(5)

After "(aa)", insert "(aaa),".

22 After subparagraph 99ZK(3)(c)(iii)

Insert:

(iiiaa) a letter from an authorised podiatrist prescriber signed on or after 1 July 2026 to that effect; or

23 Paragraph 103(4AA)(a)

After "midwifery treatment,", insert "the podiatry treatment by an authorised podiatrist prescriber,".

24 After subsection 105AB(3)

Insert:

(3A) An application may be made to the Tribunal for review of a decision of the Secretary under paragraph 84AADD(2)(a) or (3)(a).

25 After paragraph 133(1)(ba)

Insert:

(baa) in the case of a defendant who is an authorised podiatrist prescriber—suspend:

(i) the approval of that person under section 84AADB; or

(ii) the authority to supply prescribed pharmaceutical benefits conferred upon that person by section 93AAA; or

26 Subsection 133(6)

After "optometrist,", insert "a podiatrist,".

27 Subsection 133(7)

Insert:

authorised podiatrist prescriber has the same meaning as in Part VII.

28 After paragraph 134(1)(c)

Insert:

(ca) the approval of a person as an authorised podiatrist prescriber under section 84AADB is suspended or revoked; or

29 After paragraph 134(4)(a)

Insert:

(aa) an approval of a person as an authorised podiatrist prescriber under section 84AADB;

30 Before paragraph 134(4)(d)

Insert:

(cb) an authority conferred upon an authorised podiatrist prescriber by section 93AAA;

31 After paragraph 135A(6)(gb)

Insert:

(gc) a person or persons who, under a law of a State or Territory that provides for the registration of podiatrists, or the authorisation (however described) of persons to practise as podiatrists, are empowered to:

(i) take disciplinary action with respect to podiatrists; or

(ii) investigate podiatrists in connection with the taking of such disciplinary action; or

32 Paragraph 135A(9)(c)

After "(gb)", insert ", (gc)".

33 After paragraph 139A(1)(db)

Insert:

(dba) a person was or was not an authorised podiatrist prescriber under section 84AADB;

34 Paragraph 139A(1)(de)

After "93,", insert "93AAA,".