Document ID: chunk:federal_register_of_legislation:C2004A01067:clause:2_3ba
Version: federal_register_of_legislation:C2004A01067
Segment Type: clause
Provision Reference: sch 2 cl 3BA
Character Range: 51004–53344

3BA  Prescribed dental patients

 (1) A person is a prescribed dental patient if:
 (a) an approved medical practitioner or dental practitioner has issued a certificate that states that the person is suffering from a cleft lip or a cleft palate condition; and
 (b) the person has not attained the age of 22 years.

 (2) A person is also a prescribed dental patient if:
 (a) before the person attained the age of 22 years, an approved medical practitioner or dental practitioner issued a certificate that states that the person is suffering from a cleft lip or a cleft palate condition; and
 (b) the person has attained the age of 22 years, but has not attained the age of 28 years; and
 (c) the person's treatment for the condition started before the person attained the age of 22 years.

 (2A) A person is also a prescribed dental patient, in relation to a particular course of treatment, if:
 (a) before the person attained the age of 22 years, an approved medical practitioner or dental practitioner issued a certificate that states that the person is suffering from a cleft lip or a cleft palate condition; and
 (b) the person has attained the age of 28 years; and
 (c) before the person attained the age of 28 years, he or she received treatment for the condition; and
 (d) the Minister declares in writing that he or she is satisfied that:
 (i) because of exceptional circumstances, the person requires repair of previous reconstructive surgery in connection with the condition; and
 (ii) the person therefore needs to undergo that course of treatment.

 (3) A person is also a prescribed dental patient if:
 (a) an approved medical practitioner or dental practitioner has issued a certificate that states that the person is suffering from a condition determined by the Minister to be a condition to which this definition applies; and
 (b) the person has not attained the age of 22 years.

 (4) In this section, an approved medical practitioner or approved dental practitioner is a medical practitioner or dental practitioner who is approved by the Minister in writing for the purposes of this section.

 (5) A certificate mentioned in paragraph (1)(a), (2)(a) or (3)(a) must be issued in accordance with the approved form.

 (6) A determination by the Minister under paragraph (3)(a) must be made by notice published in the Gazette.