Document ID: chunk:federal_register_of_legislation:C2025C00156:section:16a:p4
Version: federal_register_of_legislation:C2025C00156
Segment Type: section
Provision Reference: s 16A (pt 4/5)
Character Range: 127569–130173

the treating practitioner; or
 (b) the medical practitioner by whom or on whose behalf the service is rendered:
 (i) is a member of a group of practitioners of which the treating practitioner is a member; and
 (ii) is requested by the treating practitioner to render the service.
 (7A) This subsection applies to a pathology service if:
 (a) the service is a prescribed pathology service that is rendered by a participating midwife or a participating nurse practitioner; and
 (b) the participating midwife or participating nurse practitioner by whom the service is rendered is the treating practitioner; and
 (c) the service is specified in the determination made under section 4BB as a service to which this subsection applies if rendered by a participating midwife or participating nurse practitioner (as the case requires); and
 (d) if that determination specifies circumstances in which the service must be rendered to be a pathology service to which this subsection applies—the service is rendered in those circumstances.
 (9) Where:
 (a) a practitioner conducts a medical practice or a dental practice; and
 (b) another practitioner, or other practitioners, participate (whether as employees or otherwise) in the provision of professional services as part of that practice;
the practitioner referred to in paragraph (a) and the practitioner or practitioners referred to in paragraph (b) shall be taken, for the purposes of this section, to constitute a group of practitioners.
 (10) Where 2 or more practitioners conduct a medical practice or a dental practice as partners, those practitioners and any other practitioner who participates (whether as an employee or otherwise) in the provision of professional services as part of that practice, shall be taken, for the purposes of this section, to constitute a group of practitioners.
 (11) For the purposes of subsection (10), where 2 or more practitioners share amongst them all the income, or a substantial part of the income, from providing professional services, those practitioners shall be deemed to conduct a practice of providing those professional services as partners.
 (12) In this section:
 (a) a reference to a request made in writing or to a confirmation in writing of a request shall be read as including a reference to a request or a confirmation, as the case may be, in such other form as the Minister approves, in writing, from time to time; and
 (b) a reference to determining that a service is necessary is a reference to determining that a service is reasonably necessary for the adequate medical care of the patient concerned.