Documentation and Procedure at Hearings

Detailed information on the PSR scheme is published in the document Your Guide to the PSR Process

Producing Records

The Committee may, at any time before or during a hearing, issue a notice to the person under review (PUR), or to any other person whom the Committee believe to have possession, custody or control of patient records or other documents, requiring them to be produced to the Committee. The notice must give at least 14 days to comply. When documents are produced, the Committee can inspect them, retain them for a reasonable period and make copies.

If the PUR fails to produce the documents, the Committee can proceed with the investigation and inform the Director. The Director must disqualify the PUR from Medicare and notify Medicare Australia. If someone other than a PUR fails to comply with a notice under section 105A, they can be prosecuted for an offence.

Procedure at Hearings

The procedure the Committee follows is within the discretion of the Deputy Director who chairs the committee. The Committee is not bound by the rules of evidence and can inform itself on any matter in any way it thinks appropriate.

Evidence at a hearing can be taken on oath or affirmation which can be administered by any of the Committee members.

The Committee can issue a summons to a person, other than the PUR, requiring that person to appear at the hearing to give evidence and produce documents. A person summoned to appear before a Committee is entitled to be paid an allowance in accordance with the regulations for their attendance. This entitlement does not apply to the PUR.

A person served with a summons who fails to attend, without reasonable excuse, commits an offence.

A person, other than the PUR, who appears as a witness at a hearing can be prosecuted for refusing or failing to:

1. be sworn or make an affirmation;
2. answer a question required by a Committee member; or
3. produce a document that they are required to produce.

A person who obstructs or hinders a Committee or disrupts a hearing commits an offence.