Federal Register of Legislation - Australian Government

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M7/2007 Principles as made
This instrument amends the MRCA Private Patient Principles 2004 to remove the criterion that a medical practitioner must have a contract with the Military Rehabilitation and Compensation Commission or the Commonwealth in relation to providing treatment to members and former members of the Australian Defence Force, and their dependants, in order to be a "Local Medical Officer".
Administered by: Veterans' Affairs
General Comments: This instrument was approved by the Minister for Veterans' Affairs on 31 May 2007.
Registered 18 Jun 2007
Tabling HistoryDate
Tabled HR20-Jun-2007
Tabled Senate20-Jun-2007
Date of repeal 19 Mar 2014
Repealed by Veterans' Affairs (Spent and Redundant Instruments) Repeal Regulation 2014

Australian Government

Military Rehabilitation and Compensation Act 2004

 

MRCA Private Patient Principles 2004 (Removal of Arrangements for Local Medical Officers) Instrument 2007

 

Instrument No. M7/2007

 

I, Bruce Billson, Minister for Veterans’ Affairs, pursuant to subsection 286(3) of the Military Rehabilitation and Compensation Act 2004, approve this instrument made by the Military Rehabilitation and Compensation Commission.

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

Dated this         31st      day of               May     2007

The Military Rehabilitation and Compensation Commission, pursuant to subsection 286(2) of the Military Rehabilitation and Compensation Act 2004, varies the MRCA Private Patient Principles 2004 (Instrument No.M17 of 2004) in accordance with the schedule.

Dated this         13th     day of               April     2007

 

The Seal of the                                                 )

Military Rehabilitation                                       )

and Compensation Commission                      )

was affixed hereto in the                                    )

presence of:                                                      )

 

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

MARK SULLIVAN                                      BILL ROLFE

CHAIR                                                           MEMBER

 

 

 

1.  Name of Instrument

 

This Instrument is the MRCA Private Patient Principles 2004 (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 Military Rehabilitation and Compensation Commission or the Department and in force on

1 May 2007;

 

Military Rehabilitation and Compensation Commission means the body corporate established under section 363 of the Military Rehabilitation and Compensation Act 2004;

 

MRCA Private Patient Principles 2004 means the legislative instrument made by the Military Rehabilitation and Compensation Commission under paragraph 286(1)(b) of the Military Rehabilitation and Compensation Act 2004.

 

MRCA Treatment Principles means the legislative instrument of that name made by the Military Rehabilitation and Compensation Commission under paragraph 286(1)(a) of the Military Rehabilitation and Compensation Act 2004.

 

4.      Application

 

The variations made by this instrument to the MRCA Private Patient Principles 2004 do not apply to a Local Medical Officer who has a current arrangement with the Military Rehabilitation and Compensation Commission or the Department in respect of the provision of treatment to persons entitled to treatment under the MRCA 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 Military Rehabilitation and Compensation Commission or the Department expires or is terminated, the provision of treatment under that arrangement is governed by the MRCA Private Patient Principles 2004 as if those Principles had not been amended by this instrument but when the arrangement ends, the MRCA 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 MRCA 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.

 

  7.      Paragraph 1.2 (definition of “MRCA Treatment Principles”)

 

              after the definition, insert:

 

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