Private Health Insurance Act 2007

CHAPTER 6 - ADMINISTRATION  

PART 6-4 - ADMINISTRATION OF PREMIUMS REDUCTION SCHEME  

Division 282 - Recovery of amounts and other matters  

Subdivision 282-A - When and how payments can be recovered  

SECTION 282-15   RECONSIDERATION OF CERTAIN DECISIONS UNDER THIS DIVISION  

282-15(1)    
A person (the applicant ) may apply to the Chief Executive Medicare for the Chief Executive Medicare to reconsider the following decisions:

(a)    a decision that an amount is recoverable as a debt due to the Commonwealth under paragraph 282-1(1)(h) in respect of a payment made to an individual;

(b)    a decision under subsection 282-10(1) to set off a debt against an amount otherwise payable to a person (other than a private health insurer) or his or her estate.

282-15(2)    
The application must:

(a)    be in writing; and

(b)    set out the reasons for the application.

282-15(3)    
The application must be made within:

(a)    28 days after the day on which the applicant is 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.

282-15(4)    
Upon receiving such an application, the Chief Executive Medicare must:

(a)    reconsider the decision; and

(b)    either affirm or revoke the decision.

Note:

Decisions affirming an original decision of the Chief Executive Medicare are reviewable under Part 6-9 .

282-15(5)    
If the Chief Executive Medicare revokes the decision, the revocation is taken to be a decision:

(a)    in the case of a decision mentioned in paragraph (1)(a) - to waive the debt; or

(b)    in the case of a decision mentioned in paragraph (1)(b) - not to set off a debt against an otherwise payable amount.

282-15(6)    
The Chief Executive Medicare must give the applicant a notice stating his or her decision on the reconsideration together with a statement of his or her reasons for the decision.

282-15(7)    
The Chief Executive Medicare must make his or her decision on the reconsideration within 28 days after the day on which he or she received the application for the reconsideration.

282-15(8)    
The Chief Executive Medicare is taken, for the purposes of this Subdivision, to have made a decision confirming the original decision if the Chief Executive Medicare has not told the applicant of his or her decision on the reconsideration before the end of the period of 28 days.