Fines or Jail for Prescription and Concession Card Fraud; Health Secretary Can Force People to Hand Over Documents; Professional Services Review Committees Can Force Witnesses to Show Up
Health Legislation Amendment (Improved Medicare Integrity and Other Measures) Bill 2026
House of Representatives
Senate
Assent
Topics
criminal penalties government oversight healthcare information sharing privacy professional licensing public health
Links to official parliament websites
Effects of this bill
If this bill passes, it means that:
The Secretary of the Department of Health can now issue written notices to any person, including former providers, to produce documents or information to check if pharmaceutical benefits were properly supplied and paid for.
People who receive a notice to produce documents from the Health Secretary or a Committee of Inquiry Chair must keep those documents until they are told in writing they no longer need to. Failing to do this carries a fine of up to 20 penalty units (2026: $7,280) for individuals and 100 penalty units (2026: $36,400) for companies.
Giving false or misleading information to a pharmacist about a prescription, or acting to get a concession card when not eligible, can lead to up to 2 years jail, a fine of 120 penalty units (2026: $43,680), or both.
Approved pharmacists, doctors, and hospital authorities face fines of up to 60 penalty units (2026: $21,840) for strict liability offences related to safety net concession cards. If the conduct is serious enough for criminal prosecution, they face up to 1 year jail, 60 penalty units (2026: $21,840), or both.
Medical practitioners whose approval to prescribe has been suspended or cancelled face up to 2 years jail, 120 penalty units (2026: $43,680), or both, if they continue to supply pharmaceutical benefits. They may instead be subject to a civil penalty of up to 60 penalty units (2026: $21,840).
Doctors, midwives, and nurses who fail to follow a written direction from the Health Secretary to return drugs and medicines face up to 2 years jail, 120 penalty units (2026: $43,680), or both.
The Professional Services Review Scheme Committees can now compel people under review to attend hearings, give evidence under oath, and produce clinical records. People who refuse to attend or answer questions can be fined or jailed for up to 6 months.
The Director of the Professional Services Review Scheme is banned from telling Committee members about any agreement proposals made with a practitioner under review.
Professional Services Review Scheme Committees cannot find a practitioner's practice 'inappropriate' unless they first notify the person, give reasons, and let them respond.
If a Professional Services Review Scheme Committee finds that a practitioner's conduct is a significant threat to life or health, the Director of the Scheme must notify the relevant state or territory health body and professional regulators.
The Health Secretary and the Chief Executive of Medicare can now start civil penalty proceedings in court for breaches of health insurance and pharmaceutical benefit laws.
The Health Secretary can now use infringement notices as an administrative alternative to court for certain strict liability offences and civil penalties under health insurance and pharmaceutical benefit laws.
Fines for certain breaches of health insurance laws increase from 20 to 50 penalty units (2026: $7,280 to $18,200), and the maximum penalty for some regulatory offences increases from 2 to 20 penalty units (2026: $728 to $7,280).
People charged with serious health-related offences that are heard in a lower court will now face the same maximum penalties as other similar federal offences, removing the previous 6-month jail limit.