2008‑2009

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Health Insurance Amendment (New Zealand Overseas Trained Doctors) Bill 2009

No.      , 2009

(Health and Ageing)

A Bill for an Act to amend the Health Insurance Act 1973, and for related purposes

Contents

1............ Short title............................................................................................ 1

2............ Commencement.................................................................................. 1

3............ Schedule(s).......................................................................................... 2

Schedule 1—Amendment of the Health Insurance Act 1973                         3

Part 1—Amendments                                                                                                      3

Part 2—Application provisions                                                                                    5

A Bill for an Act to amend the Health Insurance Act 1973, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Health Insurance Amendment (New Zealand Overseas Trained Doctors) Act 2009.

2  Commencement

             (1)  Each provision of this Act 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 Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

             (2)  Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3  Schedule(s)

                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendment of the Health Insurance Act 1973

Part 1—Amendments

1  Subsection 19AB(1)

Omit “former overseas medical student”, substitute “foreign graduate of an accredited medical school”.

2  Subparagraph 19AB(1)(f)(ii)

Omit “became a permanent Australian”, substitute “first became a medical practitioner”.

3  Subsection 19AB(2)

Omit “former overseas medical student”, substitute “foreign graduate of an accredited medical school”.

4  Subparagraph 19AB(2)(f)(ii)

Omit “became a permanent Australian”, substitute “first became a medical practitioner”.

5  Subsection 19AB(7)

Insert:

accredited medical school means a medical school that is:

                     (a)  accredited by the Australian Medical Council; and

                     (b)  located in Australia or New Zealand.

6  Subsection 19AB(7)

Insert:

foreign graduate of an accredited medical school means a person:

                     (a)  whose primary medical qualification was obtained from an accredited medical school; and

                     (b)  who was not one of the following when he or she first enrolled at an accredited medical school:

                              (i)  a permanent Australian;

                             (ii)  a New Zealand citizen;

                            (iii)  a permanent resident of New Zealand.

7  Subsection 19AB(7) (definition of former overseas medical student)

Repeal the definition.

8  Subsection 19AB(7) (definition of overseas trained doctor)

Omit “a medical school located in Australia”, substitute “an accredited medical school”.

9  Subsection 19AB(7) (definition of permanent Australian)

Omit “permanent resident”, substitute “a holder of a permanent visa (within the meaning of the Migration Act 1958)”.

10  Subsection 19AB(7) (definition of permanent resident)

Repeal the definition.

11  After subsection 19AC(2)

Insert:

          (2A)  An application under subsection (1) must be made before the end of the period of 90 days beginning on the day after the day on which the exemption was refused.

12  After subsection 19AC(3)

Insert:

          (3A)  An application under subsection (3) must be made before the end of the period of 90 days beginning on the day after the day on which the condition or conditions were imposed.

Part 2—Application provisions

13  Definitions

In this Part:

exemption condition decision means a decision under subsection 19AB(4) of the Health Insurance Act 1973 to impose one or more conditions on an exemption under subsection 19AB(3) of that Act.

exemption refusal decision means a refusal to grant an exemption under subsection 19AB(3) of the Health Insurance Act 1973.

14  Application—amendment of section 19AB

Section 19AB of the Health Insurance Act 1973, as amended by this Schedule, applies in relation to a service rendered on or after the commencement of this item.

15  Application—exemption refusal decisions

(1)        Subject to subitem (2), subsection 19AC(2A) of the Health Insurance Act 1973, as inserted by this Schedule, applies in relation to an exemption refusal decision made on or after the commencement of this item.

(2)        Subsection 19AC(2A) of the Health Insurance Act 1973, as inserted by this Schedule, applies in relation to an exemption refusal decision made before the commencement of this item as if the period of 90 days referred to in that subsection began at that commencement.

16  Application—exemption condition decisions

(1)        Subject to subitem (2), subsection 19AC(3A) of the Health Insurance Act 1973, as inserted by this Schedule, applies in relation to an exemption condition decision made on or after the commencement of this item.

(2)        Subsection 19AC(3A) of the Health Insurance Act 1973, as inserted by this Schedule, applies in relation to an exemption condition decision made before the commencement of this item as if the period of 90 days referred to in that subsection began at that commencement.