Federal Register of Legislation - Australian Government

Primary content

Determinations/Health as made
This determination amends the Health Insurance (Allied Health Services) Determination 2011 to amend the eligibility requirements for occupational therapy, mental health, focussed psychological strategies and Aboriginal and Torres Strait Islander health services to recognise the extension of the National Registration and Accreditation Scheme for health professionals to the occupational therapy and Aboriginal and Torres Strait Islander health practice professions.
Administered by: Health
Made 13 Jun 2012
Registered 20 Jun 2012
Tabled HR 21 Jun 2012
Tabled Senate 21 Jun 2012
Date of repeal 19 Mar 2014
Repealed by Health (Spent and Redundant Instruments) Repeal Regulation 2014

I, RICHARD BARTLETT, delegate of the Minister for Health, make this Determination under subsection 3C (1) of the Health Insurance Act 1973.

Dated 13 June 2012

Richard Bartlett

RICHARD BARTLETT

FIRST ASSISTANT SECRETARY

MEDICAL BENEFITS DIVISION

DEPARTMENT OF HEALTH AND AGEING


1              Name of Determination

                This Determination is the Health Insurance (Allied Health Services) Amendment Determination 2012 (No. 2).

2              Commencement

                This Determination commences on 1 July 2012.

3              Amendment of Health Insurance (Allied Health Services) Determination 2011

                Schedule 1 amends the Health Insurance (Allied Health Services) Determination 2011.


Schedule 1        Amendments

(section 3)

 

[1]           Subsection 4(1), Interpretation, after definition of disability treatment and management plan

insert

eligible Aboriginal and Torres Strait Islander health practitioner means a person who is an allied health professional in relation to the provision of an Aboriginal and Torres Strait Islander health service because of section 1 of item 1 of Schedule 1 of this Determination.

 

[2]           Subsection 4(1), Interpretation, eligible Aboriginal health worker

substitute

eligible Aboriginal health worker means a person who:

(a) is an allied health professional in relation to the provision of an Aboriginal and Torres Strait Islander health service because of section 2 of item 1 of Schedule 1 of this Determination; and

(b) is not providing an Aboriginal and Torres Strait Islander health service in the Northern Territory.

[3]           Subsection 4(1), Interpretation, after Psychology Board of Australia

insert

registered training organisation means a training provider registered under a law of a State, Territory or the Commonwealth to provide accredited vocational education and training.  

[4]           Schedule 1, Qualification requirements for allied health professionals, item 1, Aboriginal and Torres Strait Islander health service

substitute

1   Aboriginal and Torres Strait Islander health service

(1) A person is an allied health professional in relation to the provision of an Aboriginal and Torres Strait Islander health service in any State or Territory if the person is registered in the Aboriginal and Torres Strait Islander health practice profession under the applicable law in force in the State or Territory in which the service is provided.

(2) In a State or Territory other than the Northern Territory, a person is also an allied health professional in relation to the provision of an Aboriginal and Torres Strait Islander health service if the person has been either:

(a) awarded a Certificate III in Aboriginal and/or Torres Strait Islander Primary Health Care (or an equivalent or higher qualification) by a registered training organisation; or

(b) awarded a Certificate III in Aboriginal and Torres Strait Islander Health (or an equivalent or higher qualification) by a registered training organisation) before 1 July 2012.

Note: a person registered in the Aboriginal and Torres Strait Islander health practice profession may use the following titles:

·    Aboriginal and Torres Strait Islander health practitioner;

·    Aboriginal health practitioner;

·    Torres Strait Islander health practitioner.

[5]           Schedule 1, Qualification requirements for allied health professionals, item 7, Focussed psychological strategies health service, paragraph (c)

substitute

(c) the person:

(i) is an occupational therapist who is registered as a person who may provide that kind of service under the applicable law in force in the State or Territory in which the service is provided; and

(ii) is accredited by Occupational Therapy Australia as:

(A) having a minimum of two years experience in mental health; and

(B) having undertaken to observe the standards set out in the document published by Occupational Therapy Australia ‘Australian Competency Standards for Occupational Therapists in Mental Health’ as in force on 1 November 2006.

 

Until midnight 31 October 2012, a person is also an allied health professional in relation to the provision of a focused psychological strategies health service if he or she was such a person on 30 June 2012 because of paragraph (c) of item 7 of Schedule 1 of this Determination as in force on that date.

[6]           Schedule 1, Qualification requirements for allied health professionals, item 8, Mental health service, paragraph (c)

substitute

(c) the person is an occupational therapist who is registered as a person who may provide that kind of service under the applicable law in force in the State or Territory in which the service is provided;

[7]           Schedule 1, Qualification requirements for allied health professionals, item 8, Mental health service, after paragraph (e)

insert

Until midnight 31 October 2012, a person is also an allied health professional in relation to the provision of a mental health service if he or she was such a person on 30 June 2012 because of paragraph (c) of item 8 of Schedule 1 of this Determination as in force on that date.

[8]           Schedule 1, Qualification requirements for allied health professionals, item 10, Occupational therapy health service

substitute

10     Occupational therapy health service

A person is an allied health professional in relation to the provision of an occupational therapy health service if the person is an occupational therapist who is registered as a person who may provide that kind of service under the applicable law in force in the State or Territory in which the service is provided.

Until midnight 31 October 2012, a person is also an allied health professional in relation to the provision of an occupational therapy health service if he or she was such a person on 30 June 2012. 


[9]           Schedule 2, Allied health services, Part 1, Services and fees – general, item 10950

omit each mention of

eligible Aboriginal health worker

insert

eligible Aboriginal health worker or eligible Aboriginal and Torres Strait Islander health practitioner


 

[10]         Schedule 2, Allied health services, Part 6, Services and fees –Aboriginal and Torres Strait Islander health services, item 81300

omit each mention of

eligible Aboriginal health worker

insert

eligible Aboriginal health worker or eligible Aboriginal and Torres Strait Islander health practitioner

 


Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.