Mathias Cormann (WA, Liberal Party, Shadow Parliamentary Secretary for Health Administration) Share this | Link to this | Hansard source

I, and also on behalf of Senators Fielding and Xenophon, move:

That the Health Insurance (Cataract Surgery) Determination 2009, made under subsection 3C(1) of the Health Insurance Act 1973, be disallowed. [F2009L04076]

Question put:

That the motion (Senator Cormann’s) be agreed to.

Mathias Cormann (WA, Liberal Party, Shadow Parliamentary Secretary for Health Administration) Share this | Link to this | Hansard source

by leave—I place on record on behalf of the opposition that this is now the second time that the Senate has voted down a massive reduction in patient rebates for cataract surgery through Medicare which has been pursued in a cold-hearted fashion by the Rudd Labor government. You would have thought that Nicola Roxon would have got the message the first time round. But, even though she has known since 8 September 2009 that she did not have the support of the Senate for the cold-hearted cuts in cataract surgery rebates, she pressed ahead.

Honourable Senators:

Honourable senators interjecting—

Alan Ferguson (SA, Deputy-President) Share this | Link to this | Hansard source

Order! Would senators please resume their seats. There is far too much audible conversation.

Mathias Cormann (WA, Liberal Party, Shadow Parliamentary Secretary for Health Administration) Share this | Link to this | Hansard source

Thank you, Mr Deputy President. Minister Roxon has not made the case to justify a 50 per cent reduction in rebates for cataract surgery. Since the Senate disallowed the previous reduction in rebates for cataract surgery, Minister Roxon went ahead and reintroduced a further massive cut in rebates for cataract surgery, this time by 46 per cent instead of 50 per cent. This is the cut that the Senate has just disallowed.

We have, of course, given the government every opportunity to ensure that the actions of the Senate today will see rebates for cataract surgery revert to the previously applicable rebates. The minister has made suggestions that she had legal advice that the Senate was not able to do so, but she has never tabled it. We, of course, have advice from the Clerk of the Senate and independent legal advice to the AMA which very clearly indicates that the actions of the Senate were entirely constitutional.

The minister has not explained in any way, shape or form why a 46 per cent reduction in rebates for cataract surgery is justified. It is a measure that would hurt patients—in particular elderly patients. The Senate, for the second time now, has sent a clear message to the government: we do not support your cold-hearted attack on elderly patients in need of life-changing cataract surgery.