Document ID: chunk:federal_register_of_legislation:C2014A00115:clause:1_20b
Version: federal_register_of_legislation:C2014A00115
Segment Type: clause
Provision Reference: sch 1 cl 20B
Character Range: 3568–5570

20B  Minister may direct disqualified practitioner to give notice of disqualification
 (1) The Minister may, by written instrument served on a disqualified practitioner or a partly disqualified practitioner (the practitioner), direct the practitioner, and persons acting on behalf of the practitioner, not to render a specified dental service in respect of which, under section 20A of this Act or section 106ZPM of the Health Insurance Act 1973, dental benefit is not payable unless, before beginning to render the service, the practitioner or a person acting on behalf of the practitioner:
 (a) gives a copy of the notice under subsection (2) to the person (the service recipient) to whom the dental service is to be rendered; and
 (b) if the practitioner or person acting on behalf of the practitioner has reasonable grounds for believing that the service recipient is, or may be, unable to read and understand the notice—takes reasonable steps to explain the contents of the notice to the service recipient or to another person who has care of the service recipient.
Note: Failure to comply with a direction given under this section is an offence (see section 20C).
 (2) The instrument must:
 (a) be accompanied by a notice:
 (i) setting out particulars of the disqualification; and
 (ii) explaining such of the effects of the disqualification as the Minister considers appropriate; and
 (b) specify the day on which the direction comes into effect, which must not be before the instrument is served on the practitioner.

Period during which direction remains in force
 (3) Unless sooner revoked, a direction under subsection (1) in relation to a disqualified practitioner, or a partly disqualified practitioner, remains in force until the practitioner ceases to be a disqualified practitioner or a partly disqualified practitioner.

Legislative instrument
 (4) An instrument made under subsection (1), or a notice accompanying the instrument under subsection (2), is not a legislative instrument.