The Previous Schemes

The 1999 Scheme

Following the Report of the Review Committee of the Professional Services Review Scheme, further amendments to the scheme were made by the Health Insurance Amendment (Professional Services Review) Act 1999 (No.95, 1999) which commenced as follows:

• Clauses 1, 2 and 3 commenced on Assent (16 July 1999);
• clauses 2 and 27 (regarding medical records) commenced on 1 November 1999;
• the remaining provisions commenced on 1 August 1999.

However, Part 2 of the amendments generally preserved the operation of the previous legislation for matters referred by the HIC before 1 August 1999. See also the Explanatory Memorandum for the 1999 Bill. See the Senate Hansard or Representatives Hansard for the Second Reading Speech and Parliamentary debates, which took place as follows:

The relevant consolidation is Health Insurance Act 1973 consolidated as in force on 5 August 1999.

Additional minor amendments to the scheme were made by Schedule 4 of the Health Legislation Amendment Act (No.3) 1999 (No.159, 1999). The PSR amendments were introduced in the Senate on 21 October 1999 (Senate Hansard 10163-10171) and agreed by the House of Representatives on 23 November 1999 (Representatives Hansard 12432-12438). See also the associated Supplementary Explanatory Memorandum.

The relevant consolidation is Health Insurance Act 1973 consolidated as in force on 15 December 1999
Volume 1: Sections 1 - 79
Volume 2: Sections 80 - 133, Schedules, Endnotes.

The 1997 Scheme

Amendments to the scheme by the Health Insurance Amendment Act (No.1) 1997 (No.146, 1997) commenced on 6 November 1997, but clause 4 of that amendment preserved the operation of certain sections for matters referred by the HIC under s.86 before that date. See also the Explanatory Memorandum for this Bill . See the Senate Hansard or Representatives Hansard for the Second Reading Speech and Parliamentary debates, which took place as follows:

The relevant consolidation is Health Insurance Act 1973 Reprint No. 6 consolidated to 6 November 1997.

An in-house paste-up of the 1997 scheme also is provided. This is not an official version and, while care has been given to its compilation, the Commonwealth takes no responsibility for its accuracy. The relevant legislation should be referred to as appropriate.

The 1994 Scheme

The Professional Services Review Scheme was established within the Health Insurance Act 1973 in 1994, and has been significantly amended in 1997, 1999 and 2002. In each amendment the operation of the earlier legislation was mostly preserved in relation to matters referred by the Health Insurance Commission before the amendment commenced. So the date of referral is fundamental to ascertaining the precise legislation governing a particular PSR inquiry.

The Professional Services Review Scheme was introduced into the Health Insurance Act by the Health Legislation (Professional Services Review) Amendment Act 1994 (No.22 of 1994) which commenced on 1 July 1994. However, section 12 of that amendment preserved the operation of the previous Medical Services Committees of Inquiry and Optometrical Services Committees of Inquiry in relation to matters already being considered under those schemes. See also the Explanatory Memorandum. See the Senate Hansard or Representatives Hansard for the Second Reading Speeches (there was a change of Government after the Bill was first introduced) and Parliamentary debates, which took place as follows:

The relevant consolidation is Health Insurance Act 1973 - Updated as at 21 July 1994.

Note also the Report of the Senate Standing Committee on Community Affairs on the Health Legislation (Professional Services Review) Amendment Bill 1993 (SJ No.43) tabled in the Senate on 23 November 1993.