Document ID: chunk:federal_register_of_legislation:F2020L01035:reg:12
Version: federal_register_of_legislation:F2020L01035
Segment Type: reg
Provision Reference: reg 12
Character Range: 16297–17343

12  Exception to presumptions
 (1) If a Committee has dealt with a practitioner under subsection 124F(2) and the Committee is satisfied that:
 (a) as a result of the conviction or order to pay a civil penalty, the practitioner is (or was) unable to render professional services (which would otherwise attract medicare benefits), whether due to imprisonment, not being registered or otherwise;
 (b) the inability to render professional services (which would otherwise attract medicare benefits) has (or had) a similar practical effect to a determination by a Committee that the practitioner is disqualified; and
 (c) the period during which the practitioner is (or was) unable to render professional services (which would otherwise attract medicare benefits) is appropriate;
       then, despite the presumptions in section 9, a Committee may determine that:
 (i) a hearing not be held in accordance with subsection 124G(3) of the Act; and
 (ii) no further action be taken against the practitioner in accordance with subsection 124F(2) of the Act.