Document ID: chunk:federal_register_of_legislation:C2025C00156:section:129aad:p3
Version: federal_register_of_legislation:C2025C00156
Segment Type: section
Provision Reference: s 129AAD (pt 3/4)
Character Range: 729253–731979

under this Act, in respect of each such service may exceed the amount (if any) that should have been paid; and
 (ba) specify the circumstances in which a determination may be made under subsection 129ACA(2) in relation to an amount; and
 (bb) contain a statement that the person may provide a written response to the CEO which states:
 (i) if the person considers a determination under subsection 129ACA(2) should, or should not, be made and the person's reasons for this; and
 (ii) the percentage that the person considers should be determined for the purposes of paragraph 129ACA(3)(b); and
 (bc) specify any matter, or contain any statement, prescribed by the Minister under paragraph 129ACA(9)(d); and
 (c) specify the information relevant to ascertaining whether amounts paid in respect of each such service should have been paid; and
 (d) specify how the document, extract or copy is to be produced; and
 (e) contain a statement to the effect that the person to whom the notice is given is not expected to produce a document, extract or copy containing clinical details relating to an individual unless the document, extract or copy is necessary to ascertaining whether the amount paid in respect of the service should have been paid; and
 (f) specify the period within which, and place at which, the document, extract or copy is to be produced.
The period specified under paragraph (f) must be a period ending at least 21 days after the day on which the notice is given.
Note: For the purpose of paragraphs (8)(b) and (c) the notice will include the reason for the CEO's concern about the payment and explain the factual issue that the person is required to substantiate.

Health information
 (9) The power under this section to require a document, extract or copy to be produced includes the power to require the production of a document, extract or copy containing health information (within the meaning of the Privacy Act 1988) about an individual.
 (9A) If requested to do so under subsection (3), a person is authorised to produce any document relevant to the request, including a document containing health information (within the meaning of the Privacy Act 1988) about an individual.

Clinical relevance of particular professional service not to be taken into account
 (10) In forming a reasonable concern for the purposes of subsection (1), the CEO is not to take into account the clinical relevance of a particular professional service.

Giving notices to State and Territory Health Departments
 (10A) If:
 (a) either of the following is given to a person in relation to a professional service rendered by the person:
 (i) a notice under subsection (2);
 (ii) a written request mentioned in subsection (3); and