Federal Register of Legislation - Australian Government

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No. R5/2007 Principles as made
This instrument amends the Repatriation Private Patient Principles 2004 to remove the criterion from the definition of "Local Medical Officer" that a medical practitioner must have a contract with the Repatriation Commission or the Commonwealth in relation to providing treatment to veterans or veterans' dependants in order to be a "Local Medical Officer".
Administered by: Veterans' Affairs
Registered 19 Jun 2007
Tabling HistoryDate
Tabled HR21-Jun-2007
Tabled Senate21-Jun-2007
Date of repeal 19 Mar 2014
Repealed by Veterans' Affairs (Spent and Redundant Instruments) Repeal Regulation 2014

Australian Government

Veterans’ Entitlements Act 1986

 

Veterans’ Entitlements (Repatriation Private Patient Principles 2004 – Removal of Arrangements for Local Medical Officers) Instrument 2007

 

Instrument No. R5/2007

 

I, Bruce Billson, Minister for Veterans’ Affairs, pursuant to subsection 90A(4) of the Veterans’ Entitlements Act 1986, approve this instrument made by the Repatriation Commission.

.......................Bruce Billson..........................................................

Dated this    31st   day of                   May   2007

 

The Repatriation Commission, pursuant to subsection 90A(3) of the Veterans’ Entitlements Act 1986, amends the Repatriation Private Patient Principles 2004 (Instrument No.R17 of 2004) in accordance with the schedule.

Dated this    13th   day of                   April  2007

 

 

 

 

[signed]………………………………[signed]……………………………………[signed]…………..

MARK SULLIVAN                             ED KILLESTEYN                                                BILL ROLFE

PRESIDENT                                         DEPUTY PRESIDENT                                        COMMISSIONER

 

 

 

 

 

 

1.  Name of Instrument

 

This Instrument is the Veterans’ Entitlements (Repatriation Private Patient Principles2004 – Removal of Arrangements for Local Medical Officers) Instrument 2007.

 

2.  Commencement

 

This Instrument commences when it is registered on the Federal Register of Legislative Instruments.

 

3.  Definitions

 

          For the purposes of this instrument other than the Schedule:

 

 

Department means the Department of State known as the Department of Veterans’ Affairs;

 

Local Medical Officer means a medical practitioner who is registered under the Notes for Local Medical Officers;

 

Notes for Local Medical Officers means the document of that name approved by the Repatriation Commission or the Department and in force on

1 May 2007;

 

Repatriation Commission means the body corporate continued in existence under section 179 of the Veterans’ Entitlements Act 1986;

 

Repatriation Private Patient Principles 2004 means the legislative instrument made by the Repatriation Commission under section 90A of the Veterans’ Entitlements Act 1986 entitled Repatriation Private Patient Principles 2004;

 

Treatment Principles means the legislative instrument of that name made by the Repatriation Commission under section 90 of the Veterans’ Entitlements Act 1986.

 

4.    Application

 

The variations made by this instrument to the Repatriation Private Patient Principles 2004 do not apply to a Local Medical Officer who has a current arrangement with the Repatriation Commission or the Department in respect of the provision of treatment to persons entitled to treatment under the Treatment Principles — being an arrangement entered into before the commencement of this instrument.

 

Note: the intention is that until any arrangement between a Local Medical Officer and the Repatriation Commission or the Department expires or is terminated, the provision of treatment under that arrangement is governed by the Repatriation Private Patient Principles 2004 as if those Principles had not been amended by this instrument but when the arrangement ends, the Repatriation Private Patient Principles 2004 apply as amended by this instrument.

 


 

Schedule

 

5.      Paragraph 1.2 (definition of “Local Medical Officer”)

 

omit, substitute:

Local Medical Officer means a medical practitioner who:

 

(a)        is registered under the Notes for Local Medical officers as a Local Medical Officer and who treats an entitled person in accordance with the terms, and subject to the conditions, in the Treatment Principles and in the “Notes for Local Medical Officers”; and

 

            (b)       has been given a provider number by Medicare Australia, in respect of being a medical practitioner, that has not been suspended or revoked.

 

            after the definition of Local Medical Officer (as substituted), insert:

 

medical practitioner means a person registered or licensed as a medical practitioner under a law of a State or Territory that provides for the registration or licensing of medical practitioners but does not include a person so registered or licensed:

 

(a)  whose registration, or licence to practise, as a medical practitioner in any State or Territory has been suspended, or cancelled, following an inquiry relating to his or her conduct; and

(b)  who has not, after that suspension or cancellation, again been authorised to register or practise as a medical practitioner in that State or Territory.

 

6.        Paragraph 1.2 (definition of “medical specialist”)

 

                        after the definition, insert:

 

Medicare Australia means Medicare Australia established by the Medicare Australia Act 1973.

 

Notes for Local Medical Officers has the same meaning it has in the Treatment Principles.