Document ID: chunk:federal_register_of_legislation:C2014A00115:clause:1_32c:p1
Version: federal_register_of_legislation:C2014A00115
Segment Type: clause
Provision Reference: sch 1 cl 32C (pt 1/3)
Character Range: 19725–22375

32C  Chief Executive Medicare may require person to produce documents etc.

Power to give notice requiring production of documents etc.
 (1) If the Chief Executive Medicare believes on reasonable grounds that:
 (a) a person:
 (i) who rendered a dental service in respect of which an amount has been paid that is the subject of the Chief Executive Medicare's concern referred to in paragraph 32B(1)(a); or
 (ii) on whose behalf such a dental service was rendered; or
 (b) another person, not being:
 (i) the person in respect of whom the dental service was rendered; or
 (ii) the person who incurred the dental expenses in respect of the service;
has possession, custody or control of one or more documents relevant to ascertaining whether the amount paid in respect of the dental service should have been paid, the Chief Executive Medicare may, by written notice given to the person, require the person to do any or all of the things mentioned in subsection (2) within a period specified in the notice.
Note: For a person referred to in paragraph (a), failure to comply with a notice may lead to debt recovery action (see section 56A). For a person referred to in paragraph (b), failure to comply with a notice may lead to a civil penalty (see section 32D).
 (2) The Chief Executive Medicare may require the person, in relation to each dental service specified in the notice:
 (a) subject to subsection (3), to produce to the Chief Executive Medicare, or a Human Services employee, any document, or extract of any document, that is relevant for the purpose set out in subsection (1); or
 (b) to make a copy of any such document or extract and to produce that copy to the Chief Executive Medicare or a Human Services employee.
 (3) If a document, extract or copy contains clinical details relating to an individual, the person to whom the notice is given is not required to produce the document, extract or copy to a person other than a Human Services employee who is a dental practitioner or a medical practitioner.

Limitations on power to give notice: person must first have been given opportunity to respond to a request
 (4) The Chief Executive Medicare must not give a notice to a person under subsection (1) in respect of a dental service unless the Chief Executive Medicare has given the person a reasonable opportunity to respond to a written request (other than under this section) to produce to the Chief Executive Medicare, or a Human Services employee, documents relevant to ascertaining whether the amount paid, purportedly by way of dental benefit, in respect of the service, should have been paid.

Limitations on power to give notice: