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SR 1996 No. 350 Regulations as made
These Regulations amend the Health Insurance (Vocational Registration of General Practitioners) Regulations.
Administered by: Health
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Registered 01 Jan 2005
Tabling HistoryDate
Tabled HR04-Feb-1997
Tabled Senate05-Feb-1997
Gazetted 24 Dec 1996
Date of repeal 19 Mar 2014
Repealed by Health (Spent and Redundant Instruments) Repeal Regulation 2014

Statutory Rules 1996   No. 3501

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Health Insurance (Vocational Registration of General Practitioners) Regulations2 (Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Health Insurance Act 1973.

Dated 20 December 1996.

 

                                                                                 WILLIAM DEANE

                                                                                 Governor-General

By His Excellency’s Command,

 

 

 

MICHAEL WOOLDRIDGE

Minister for Health and Family Services

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1.   Commencement

1.1   These Regulations commence on 24 December 1996.

2.   Amendment

2.1   The Health Insurance (Vocational Registration of General Practitioners) Regulations are amended as set out in these Regulations.

3.   Regulation 2 (Definitions)

3.1   Subregulation 2 (1) (definitions of “Appeal Committee”, “Eligibility Committee”, “General Manager”, “medical body”):

Omit the definitions.

3.2   Subregulation 2 (1) (definition of “Committee”):

Omit paragraph (a), substitute:

           “(a)   the Eligibility Committee or Appeal Committee; and”.

3.3  Subregulation 2 (1):

Insert the following definitions:

‘Appeal Committee’ means the General Practice Recognition Appeal Committee;

‘Eligibility Committee’ means the General Practice Recognition Eligibility Committee;

‘general practice’, for a medical practitioner, means a practice in which the practitioner is engaged predominantly in primary, continuing, comprehensive, whole-patient care to individuals, families and their community;

‘managing director’ means the Managing Director of the Commission;

‘predominantly’, for general practice, means that more than 50% of clinical time, and more than 50% of services for which medicare benefits are claimed, are in general practice;

quartermeans a period of 3 months beginning on 1 January, 1 April, 1 July or 1 October;”.

3.4  Subregulation 2 (2):

Omit the subregulation.

4.   Regulation 3 (Procedure for registration)

4.1   Subregulations 3 (1) and (2):

Omit “an”, substitute “the”.

5.   New Regulation 3A

5.1   After regulation 3, insert:

Notices about registration eligibility—specified bodies

          “3A.   For paragraph 3F (6) (b) and 3G (1) (b) of the Act, the Eligibility Committee and the Appeal Committee are specified.”.

6.   Regulation 4 (Appeals)

6.1   Omit the regulation, substitute:

Notice to be given of certain decisions

             “4.   (1)    The RACGP must give the managing director written notice if it declines to give notice to a medical practitioner under subsection 3F (6) of the Act that the practitioner is eligible for registration.

           “(2)   The Eligibility Committee must give the managing director written notice if it declines to certify that a practitioner is eligible for registration under regulation 5, 5A or 5B.

           “(3)   The managing director must give a medical practitioner written notice if it receives notice under subregulation (1) or (2) or 6 (2).

Appeals

          “4A.   (1)    If the managing director gives a medical practitioner notice:

             (a)   under subsection 3G (2) of the Act because the managing director has received notice under paragraph 3G (1) (b) or (c) of the Act; or

             (b)   under subregulation 4 (3);

the practitioner may appeal to the Appeal Committee, in writing, within 28 days after the day the notice is given.

           “(2)   The Appeal Committee must hear and decide the appeal.

           “(3)   If the Committee allows the appeal, the medical practitioner is eligible for registration from the day the appeal is decided.

           “(4)   If the Committee dismisses the appeal:

             (a)   for a medical practitioner who is registered—it must notify the managing director under subregulation 6 (4); or

             (b)   in any other case—it must give the practitioner written notice of the result of the appeal.

           “(5)   The notice under paragraph (4) (b) must include:

             (a)   the terms of the Committee’s decision; and

             (b)   a statement to the effect that a copy of the reasons for the decision may be obtained from the Committee on written.

Transitional provisions—unfinalised requests and appeals

          “4B.   (1)    A request made under subregulation 3 (1) before the commencement of this regulation that has not been finalised before the commencement is taken to be a request lodged with the General Practice Recognition Eligibility Committee.

           “(2)   An appeal made under subregulation 4 (2) before the commencement of this regulation that has not been finalised before the commencement is taken to be an appeal made to the General Practice Recognition Appeal Committee.”.

7.   Regulation 5 (Eligibility for registration)

7.1   Omit regulation 5, substitute:

Eligibility for registration—application pending on 24 December 1996

             “5.   (1)    This regulation applies to a medical practitioner:

             (a)   who applied for vocational registration before 1 January 1995; and

             (b)   whose application is finalised after 23 December 1996.

           “(2)   The practitioner is eligible for registration if the RACGP or Eligibility Committee certifies that the practitioner meets the criteria that applied when the application was lodged.

Eligibility for registration—practitioner previously registered

          “5A.   (1)    This regulation applies to a medical practitioner whose name has been removed from the Register.

           “(2)   The practitioner is eligible for registration if:

             (a)   the RACGP or Eligibility Committee certifies that the practitioner’s medical practice is, or will be within 28 days, predominantly general practice; and

             (b)   the RACGP certifies that the practitioner meets its minimum requirements for taking part in continuing medical education and quality assurance programs.

Standard eligibility for registration

          “5B.   (1)    This regulation applies to a medical practitioner to whom regulation 5 or 5A does not apply.

           “(2)   The practitioner is eligible for registration if:

             (a)   the RACGP or Eligibility Committee certifies that the practitioner’s medical practice is or will be,within 28 days, predominantly general practice; and

             (b)   the RACGP certifies that the practitioner is a Fellow of the RACGP; and

             (c)   the RACGP certifies that the practitioner meets its minimum requirements for taking part in continuing medical education and quality assurance programs.”.

8.   Regulation 6 (Removal)

8.1   Omit regulation 6, substitute:

Removal

             “6.   (1)    The name of a medical practitioner must be removed from the Register if the managing director is given notice under subregulation (2), (3) or (4).

           “(2)   The Eligibility Committee must give the managing director written notice if it is satisfied at any time that the practitioner’s medical practice was not predominantly general practice for the previous quarter.

           “(3)   The RACGP must give the managing director written notice if it is satisfied at any time that:

             (a)   the practitioner’s medical practice was not predominantly general practice for the previous quarter; or

             (b)   the practitioner has failed to meet the minimum requirements of the RACGP for taking part in continuing medical education and quality assurance programs.

           “(4)   The Appeal Committee must give the managing director written notice if it dismisses the practitioner’s appeal because it is satisfied at any time that:

             (a)   the practitioner’s medical practice was not predominantly general practice for the previous quarter; or

             (b)   the practitioner has failed to meet the minimum requirements of the RACGP for taking part in continuing medical education and quality assurance programs.”.

9.   Regulation 7 (Committees to have regard to criteria etc.)

9.1   Omit regulation 7.

10.   Regulation 8 (Registration in other cases)

10.1   Omit regulation 8, substitute:

Registration pending decision on appeal

             “8.   (1)    A medical practitioner remains registered if:

             (a)   the managing director gives the practitioner notice that the practitioner’s name is to be removed from the Register because the managing director has received notice under paragraph 3G (1) (b) of the Act;  and

             (b)   the practitioner’s appeal is received by the Appeal Committee before the date specified in the notice for the removal.

           “(2)   The practitioner ceases to remain registered under subregulation (1) when the practitioner’s appeal is finalised.”.

11.   Regulation 9 (Establishment of Vocational Registration Eligibility Committees)

11.1   Omit  regulation 9, substitute:

Establishment of General Practice Recognition Eligibility Committee

             “9.   (1)    A committee called the General Practice Recognition Eligibility Committee is established.

           “(2)   The Eligibility Committee consists of 5 members appointed under regulation 11.

           “(3)   A member of the Appeal Committee is not eligible to be appointed to the Eligibility Committee.

Establishment of additional General Practice Recognition Eligibility Committees

          9A.   (1)    The Minister may establish 1 or more additional Eligibility Committees, and may at any time discontinue an additional Eligibility Committee.

           “(2)   If the Minister establishes 1 or more additional Eligibility Committees, these Regulations apply to each additional committee as if it were also the Eligibility Committee established under subregulation 9 (1).”.

12.   Regulation 10 (Establishment of Vocational Registration Appeal Committee)

12.1   Omit regulation 10, substitute:

Establishment of General Practice Recognition Appeal Committee

           “10.   (1)    A committee called the General Practice Recognition Appeal Committee is established.

           “(2)   The Appeal Committee consists of 5 members  appointed under regulation 11.

           “(3)   A member of the Eligibility Committee is not eligible to be appointed to the Appeal Committee.

Establishment of second General Practice Recognition Appeal Committee

        10A.   (1)    The Minister may establish a second Appeal Committee, and may at any time discontinue the second Appeal Committee.

           “(2)   If the Minister establishes a second Appeal Committee, these Regulations apply to that committee as if it were also the Appeal Committee established under subregulation 10 (1).”.

13.   Regulation 11 (Appointment to Committees)

13.1   Subregulation 11 (1):

Omit the subregulation, substitute:

           “(1)   Each member of a Committee must be a vocationally registered general practitioner or Fellow of the RACGP.

        “(1A)   The members of the Vocational Registration Appeal Committee in office immediately before the commencement of this subregulation are taken to have been appointed to the Appeal Committee for the balance of their terms of office.”

13.2   Subregulation 11 (3):

Omit “each medical body”, substitute “the RACGP and the Australian Medical Association each”.

13.3   Subregulation 11 (4):

Omit the subregulation, substitute:

           “(4)   A nomination under subregulation (3) must be made within the period, of not less than 14 days, specified in the Minister’s request.”.

13.4   Subregulation 11 (5):

Omit “is to”, substitute “may”.

13.5   Subregulation 11 (6):

Omit the subregulation, substitute:

           “(6)   The Minister may appoint a person to a Committee if:

             (a)   a panel is not nominated within that period; or

             (b)   the Minister does not wish to appoint a person from the nominated panel.”.


14.   Regulation 13 (Appointment of acting members)

14.1   Subregulation 13 (1):

Omit the subregulation, substitute:

           “(1)   If:

             (a)   the Minister believes that a member of a Committee will be unable to attend a meeting of the Committee; and

             (b)   a body nominated the member;

the Minister may consult with the body about someone acting in the member’s office.”.

15.   Regulation 16 (Replacement of members failing to serve their full term)

15.1   Omit the regulation, substitute:

Replacement of certain members failing to serve their full term

           “16.   (1)    If:

             (a)   the office of a member becomes vacant; and

             (b)   a body nominated the member;

the Minister must ask the body to nominate a panel of at least 3 persons for consideration for appointment to the office.

           “(2)   The nomination must be made to the Minister within the period, of not less than 14 days, specified in the Minister’s request.

           “(3)   The Minister may appoint to the office a person from the panel nominated by the body.

           “(4)   The Minister may appoint someone else to the office if:

             (a)   a panel of at least 3 persons is not nominated by the body within the period specified by the Minister; or

             (b)   the Minister does not wish to appoint a person from the panel nominated by the body.”.

16.   New Regulation 21

16.1   Add at the end:

Providing certain Commission information to Committees

           “21.   (1)    This regulation prescribes matters for subsection 130 (3A) of the Act.

           “(2)   Each Committee is a prescribed authority.

           “(3)   A Committee may be provided with information reasonably relevant to the performance of its functions.”.

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NOTES

1.   Notified in the Commonwealth of Australia Gazette on 24 December 1996.

2.   Statutory Rules 1989 No. 270 as amended by 1992 No. 297; 1994 No. 350.