Document ID: chunk:federal_register_of_legislation:F2024C01157:front:0:p3
Version: federal_register_of_legislation:F2024C01157
Segment Type: other
Provision Reference: 
Character Range: 5384–8324

Aged Care Act 1997) is provided.

     Schedule means a Schedule to this instrument.

     staff member has the same meaning as in Schedule 1 to the Aged Care Act 1997.

     Note: The following terms are defined in subsection 3(1) of the Act:

              clinically relevant service;

              general medical services table;

              hospital‑substitute treatment;

              hospital treatment;

              item;

              medical practitioner;

              professional service.

     (2) Unless the contrary intention appears, a reference in this instrument to a provision of the Act or the National Health Act 1953 or regulations made under the Act or under the National Health Act 1953 as applied, adopted or incorporated in relation to specifying a matter is a reference to those provisions as in force from time to time and any other reference to provisions of an Act or regulations is a reference to those provisions as in force from time to time.

5.  Treatment of relevant services

     (1) For subsection 3C(1) of the Act, a relevant service, provided in accordance with this instrument and as a clinically relevant service, is to be treated for the purposes of the provisions specified in subsection (2) as if:

           (a) it were both a professional service and a medical service; and

           (b) there were an item in the general medical services table that:

               (i) related to the service; and

               (ii) specified in respect of the service a fee in relation to each State, being the fee specified in this instrument in relation to the service.

     (2) For the purposes of subsection (1), each provision of the following laws that relates to medical services, professional services or items is specified:

           (a) the Act;

           (b) the regulations made under the Act;

           (c) the National Health Act 1953;

           (d) the regulations made under the National Health Act 1953.

     (3) However, subsection 19(4) of the Act is not specified for the purposes of subsection (1).

6.  Application of general provisions of the general medical services table

  Clause 1.2.8 of the general medical services table shall have effect as if each of the items in the Schedule were also specified in that clause.

7.  Services may be rendered on behalf of a medical practitioner

     (1) An item in the Schedule (other than items 10660, 10661, 93660 and 93661) applies to a service whether the service is provided:

           (a) by a medical practitioner; or

           (b) on behalf of a medical practitioner by a relevant health professional.

  Note: see subsection 3(17) of the Act for when a service is taken to be rendered on behalf of a medical practitioner.

      (1A) For the purposes of items 93660 and 93661, the medical practitioner on whose behalf the service is provided:

          (a) is not required to attend the