16th May 2024, 7:32 PM – Senate Health Legislation Amendment (Removal of Requirement for a Collaborative Arrangement) Bill 2024 - Second Reading - Medicare benefits for services rendered to prisoners

The majority voted against amendments moved by NSW Senator David Shoebridge (NSW), which means it failed.

Amendment text

That the House of Representatives be requested to make the following amendments:

(1) Clause 1, page 1 (line 6), after "Arrangement", insert "and Other Measures".

(2) Clause 2, page 2 (at the end of the table), add:

3. Schedule 2

The day after this Act receives the Royal Assent.

(3) Schedule 1, heading, page 3 (line 1), omit "Amendments", substitute "Removal of Requirement for a Collaborative Arrangement".

(4) Page 3 (after line 29), at the end of the Bill, add:

Schedule 2 — Medicare benefits for services rendered to prisoners

Health Insurance Act 1973

1 Subsection 8(1A)

Insert:

in gaol: see subsection (1B).

2 After subsection 8(1A)

Insert:

(1B) For the purposes of this Part, a person is in gaol if:

(a) the person is being lawfully detained (in prison or elsewhere) while under sentence for conviction of an offence and not on release on parole or licence; or

(b) the person is undergoing a period of custody pending trial or sentencing for an offence.

3 After subsection 19(2)

Insert:

(2A) Subsection (2) does not apply in relation to a professional service that has been rendered to a person if the person was in gaol at the time the service was rendered.

Statement pursuant to the order of the Senate of 26 June 2000

Amendment (4)

Amendment (4) amends the Health Insurance Act 1973 to provide for Medicare benefits to be payable in respect of professional services rendered to persons in gaol. It is framed as a request because its effect will be to increase the scope of professional services in respect of which Medicare benefits are payable, thereby increasing the amount of payments made from the Medicare Guarantee Fund (Health) Special Account and expenditure under the standing appropriation in section 80 of the Public Governance, Performance and Accountability Act 2013 or in certain circumstancesthe standing appropriation in section 18 of the Medicare Guarantee Act 2017.

Amendments (1) to (3)

Amendments (1) to (3) are consequential to amendment (4).

Statement by the Clerk of the Senate pursuant to the order of the Senate of 26 June 2000

Amendment (4)

If the effect of the amendment is to increase the amount of expenditure under a standing appropriation, then it is in accordance with the precedents of the Senate that the amendment be moved as a request.

Amendments (1) to (3)

These amendments are consequential on the request. It is the practice of the Senate that an amendment that is consequential on an amendment framed as a request may also be framed as a request.