Document ID: chunk:federal_register_of_legislation:C2012A00076:clause:1_2
Version: federal_register_of_legislation:C2012A00076
Segment Type: clause
Provision Reference: sch 1 cl 2
Character Range: 6061–7358

2  Re‑referral to a Committee allowed in certain cases
(1) This item applies if:
 (a) proceedings relating to Part VAA of the Health Insurance Act 1973 were brought before the day this item commences; and
 (b) those proceedings are finally determined, or otherwise disposed of (before or after the day this item commences), in favour of the person under review on the grounds that, or on grounds that include the ground that, a person was not appointed or validly appointed as a Panel member or Deputy Director under that Part.
(2) Despite section 94 of the Health Insurance Act 1973, before the end of 12 months after the proceedings are finally determined, or otherwise disposed of, the Director may, by writing, set up a Committee in accordance with Division 4 of Part VAA of that Act, and make a referral to the Committee in accordance with section 93 of that Act in relation to the services provided by the person that were the subject of the proceedings.
(3) If subitem (2) applies, the Committee may take into account:
 (a) evidence given in relation to the review as investigated before proceedings were brought; and
 (b) evidence given in the proceedings, as mentioned in subitem (1).
(4) To avoid doubt, subitem (3) does not limit the evidence that the Committee may take into account.