Health Insurance (Professional Services Review – Allied Health, Primary Health Care and Others) Determination 2023

I, Mark Butler, Minister for Health and Aged Care, make the following determination.

Dated 21 March 2023  

Mark Butler

Minister for Health and Aged Care

Contents

1  Name

2  Commencement

3  Authority

4  Repeal

5  Interpretation

6  Practitioners

7  Professions

8  Savings provisions

Schedule 1 – Health professionals determined to be practitioners

Schedule 2 – Vocations determined to be professions

1  Name 

  This instrument is the Health Insurance (Professional Services Review – Allied Health, Primary Health Care and Others) Determination 2023.

2  Commencement

(1)      Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

(2)      Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under subsection 81(1A) of the Health Insurance Act 1973.

4  Repeal

  The Health Insurance (Professional Services Review – Allied Health and Others) Determination 2012 is repealed.

5  Interpretation  

(1)      In this instrument:

Aboriginal and Torres Strait Islander health practitioner means a person who is registered under the National Law in the Aboriginal and Torres Strait Islander health practice profession.

Note: a person registered in the Aboriginal and Torres Strait Islander health practice profession may use the following titles:

• Aboriginal and Torres Strait Islander health practitioner;
• Aboriginal health practitioner;
• Torres Strait Islander health practitioner.

Aboriginal health worker means a person in a State or Territory other than the Northern Territory, who has been either:

(a)           awarded a Certificate III in Aboriginal and/or Torres Strait Islander Primary Health Care (or an equivalent or higher qualification) by a registered training organisation; or

(b)           awarded a Certificate III in Aboriginal and Torres Strait Islander Health (or an equivalent or higher qualification) by a registered training organisation before 1 July 2012.

Act means the Health Insurance Act 1973.

Audiologist means a person who is:

(a)           a Full Member of Audiology Australia and is certified as an ‘Audiology Australia Accredited Audiologist’; or

(b)           an Ordinary Member—Audiologist, or a Fellow Audiologist, of the Australian College of Audiology.

Diabetes educator means a person who is credentialled by the Australian Diabetes Educators Association as a ‘Credentialled Diabetes Educator’.

Dietitian means a person who is accredited by the Dietitians Association of Australia as an ‘Accredited Practising Dietitian’.

Exercise physiologist means a person who is accredited by Exercise and Sports Science Australia as an ‘Accredited Exercise Physiologist’.

Mental health nurse means a person who is a ‘Credentialed Mental Health Nurse’, as certified by the Australian College of Mental Health Nurses.

Occupational therapist means a person who is registered under the National Law in the occupational therapy profession.

Orthoptist means a person who is:

(a)           registered with the Australian Orthoptic Board; and

(b)           a member of Orthoptics Australia.

Psychologist means a person who is registered under the National Law in the psychology profession.

Social worker means a person who is a member of the Australian Association of Social Workers.

Speech pathologist means a person who is a practising member of Speech Pathology Australia.

Note: The following term is defined in subsection 3(1) of the Act:

• National Law.

6  Practitioners

  For the purposes of paragraph 81(1A)(a) of the Act, a health professional listed in Schedule 1 is a practitioner.

7  Professions

  For the purposes of paragraph 81(1A)(b) of the Act, a vocation listed in Schedule 2 is a profession.

8  Savings provisions 

  Despite the repeal of the Health Insurance (Professional Services Review - Allied Health and Others) Determination 2012, that instrument continues to apply to a practitioner in relation to a request made under subsection 86(1) of the Act before 1 April 2023 as if the repeal had not happened.

Schedule 1 – Health professionals determined to be practitioners

Schedule 2 – Vocations determined to be professions