Document ID: chunk:federal_register_of_legislation:C2025C00156:section:106l
Version: federal_register_of_legislation:C2025C00156
Segment Type: section
Provision Reference: s 106L
Character Range: 541222–543656

106L  Final report of Committee
 (1A) This section applies if the person under review has been given a notice under subsection 106KD(3) inviting submissions on changes to the draft report.
 (1) After the period of 1 month referred to in subsection 106KD(3), the Committee must, after taking into account any submissions made to the Committee by the person under review within that period, prepare a final report setting out:
 (a) if the Committee members are unanimous in their findings—those findings; or
 (b) if a majority of the Committee members are agreed on findings—those findings and the findings of the other Committee member or Committee members; or
 (c) if there are not a majority of the Committee members who are agreed on findings—the respective findings of the Committee members.
 (1B) The final report must not include a finding of inappropriate practice unless the finding and the reasons for the finding were included in the draft report under section 106KD.
 (2) If the person under review is a practitioner, the final report may, with the person's written consent, include recommendations of the kind mentioned in subsection 106KD(2).
 (3) Unless subsection (5) applies, the Committee must:
 (a) give copies of the final report to the person under review and the Director; and
 (b) give the final report to the Determining Authority not earlier than 1 month after the day on which a copy of the report is given to the person under review.
 (4) The copy given to the person under review under paragraph (3)(a) must be accompanied by a written notice setting out the terms of paragraph (3)(b).
 (5) If the final report does not contain a finding by all, or a majority, of the Committee members that the person under review engaged in inappropriate practice in the provision of some or all of the referred services:
 (a) the Committee must give copies of the report to:
 (i) the person under review; and
 (ii) the Director; and
 (iii) the Chief Executive Medicare; and
 (b) the copies must include, or be accompanied by, a written notice stating that:
 (i) the report does not contain a finding by all, or a majority, of the Committee members that the person under review engaged in inappropriate practice; and
 (ii) no further action will be taken as a result of the report.
 (6) This section applies as if a reference in this section to a practitioner included a reference to a person who has been a practitioner.