Document ID: chunk:federal_register_of_legislation:C2024C00866:section:90a:p1
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 90A (pt 1/2)
Character Range: 1337218–1340019

90A  Repatriation Private Patient Principles
 (1) The Commission may, in writing, determine principles setting out the circumstances in which treatment provided by the Commission to eligible persons is to be provided to them as private patients.
Note: For eligible person, see subsection (9).
 (2) A determination under subsection (1) may also include provisions dealing with the following matters in relation to treatment to be provided to an eligible person as a private patient:
 (a) whether approval by the Commission of the treatment is required;
 (b) if approval by the Commission of the treatment is required—the exercise of the Commission's power to approve the treatment, whether before or after the treatment has been given or begun;
 (c) where the treatment may be provided.

Determination must be approved by the Minister
 (3) A determination under subsection (1) has no effect unless the Minister has approved it in writing.
 (4) A determination under subsection (1) approved by the Minister and as in force from time to time is the Repatriation Private Patient Principles.

Variation or revocation of Repatriation Private Patient Principles
 (5) The Commission may, by written determination, vary or revoke the Repatriation Private Patient Principles.
 (5A) A determination under subsection (5) has no effect unless the Minister has approved it in writing.

Legislative instruments
 (5B) A determination under subsection (1) or (5) made by the Commission and approved by the Minister is a legislative instrument made by the Minister on the day on which the determination is approved.

Incorporation of other instruments
 (5C) Despite subsection 14(2) of the Legislation Act 2003:
 (a) a determination under subsection (1); or
 (b) a determination under subsection (5) varying the Repatriation Private Patient Principles;
may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time.
 (6) Section 12 of the Legislation Act 2003 has effect in relation to a determination referred to in subsection (5B) as if a reference in that section to the day when the instrument is registered were a reference to the day on which the Minister approved the determination.

When treatment is provided as a private patient
 (8) For the purposes of this section, treatment is taken to be provided to a person as a private patient if:
 (a) the treatment is provided to the person as a person who is, for the purposes of the Health Insurance Act 1973, a private patient of a hospital; or
 (b) the treatment is provided to the person by a medical specialist to whom the person has been referred but is not provided at a hospital.

Eligible person
 (9) In this