S 26-25 repealed by No 105 of 2013, s 3 and Sch 2 item 6, effective 1 July 2013. For saving provisions, see note under s
328-5
. S 26-25 formerly read:
SECTION 26-25 Reconsideration of decision refusing a claim
26-25(1)
If a claim is refused, the claimant may apply to the Chief Executive Medicare for the Chief Executive Medicare to reconsider the decision.
26-25(2)
The application must:
(a)
be in writing; and
(b)
set out the reasons for the application.
26-25(3)
The application must be made within:
(a)
28 days after the day on which the claimant was notified of the decision; or
(b)
if, either before or after the end of that period of 28 days, the Chief Executive Medicare extends the period within which the application may be made
-
the extended period for making the application.
26-25(4)
The Chief Executive Medicare must:
(a)
reconsider the decision; and
(b)
either affirm or revoke the decision;
within 28 days after receiving the application for reconsideration.
Note:
Decisions affirming original decisions are reviewable under Part 6-9.
26-25(5)
If the Chief Executive Medicare revokes the decision, the revocation is taken to be a decision granting the claim.
26-25(6)
The Chief Executive Medicare must give the claimant a notice stating his or her decision on the reconsideration together with a statement of his or her reasons for the decision.
26-25(7)
The Chief Executive Medicare is taken, for the purposes of this Subdivision, to have made a decision affirming the original decision if the Chief Executive Medicare has not told the claimant of the decision on the reconsideration before the end of the period of 28 days.
S 26-25 amended by No 32 of 2011, s 3 and Sch 4 item 511, by substituting
"
Chief Executive Medicare
"
for
"
Medicare Australia CEO
"
(wherever occurring), effective 1 July 2011.
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