Document ID: chunk:federal_register_of_legislation:C2025C00156:section:92:p1
Version: federal_register_of_legislation:C2025C00156
Segment Type: section
Provision Reference: s 92 (pt 1/4)
Character Range: 482140–484843

92  Agreement entered into between Director and person under review
 (1) A person under review and the Director may enter into a written agreement under which:
 (a) the person under review acknowledges that the person engaged in inappropriate practice in connection with the provision of specified services during the review period (whether rendered or initiated by the person or an associated person); and
 (b) specified action in relation to the person under review (being action of a kind mentioned in subsection (2)) is to take effect.
Note: The effect of paragraph (b) and subsection (2) is that action may be specified in the agreement only in relation to the person under review, even if the inappropriate practice is in connection with the rendering or initiating of services by an associated person of the person under review.
 (2) The action that may be specified under paragraph (1)(b) in the agreement includes any one or more of the following:
 (a) that the Director, or the Director's nominee, is to reprimand the person under review;
 (aa) that the Director, or the Director's nominee, is to counsel the person under review;
 (b) if any medicare benefit or dental benefit has been paid (whether or not to the person under review) for services referred to in paragraph (1)(a)—that the person under review is to repay to the Commonwealth an amount equal to the whole or a specified part of that medicare benefit or dental benefit;
 (c) that any medicare benefit or dental benefit that would otherwise be payable for services referred to in paragraph (1)(a) is to cease to be payable;
 (ca) if an amount has been paid (whether or not to the person under review) for treatment under a relevant DVA law relating to services referred to in paragraph (1)(a)—that the person under review is to repay to the Commonwealth an amount equal to the whole or a specified part of the amount paid for the treatment;
 (cb) that any amount for treatment under a relevant DVA law that would otherwise be payable for services referred to in paragraph (1)(a) is to cease to be payable;
 (d) if any of the services referred to in paragraph (1)(a) were rendered or initiated by an associated person—that the person under review is to:
 (i) give specified classes of associated persons specified information about the appropriate provision of services, or that is relevant to preventing inappropriate practice in the provision of services, in a specified form (if any) within a specified period; and
 (ii) give the Chief Executive Medicare, within a specified period, specified evidence that the person under review has taken the action mentioned in subparagraph (i);
 (da) if the person under review is a midwife