Federal Register of Legislation - Australian Government

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Regulations as made
These regulations amend the Health Insurance Regulations 2018 to provide for the transitional arrangements to support affected medical practitioners to take necessary regulatory and administrative steps to continue to be recognised as a general practitioner prior to amendments taking effect in the Health Insurance Act 1973 (HIA) and include ongoing provisions for the recognition of general practitioners under a new definition in the HIA that will commence in June 2021.
Administered by: Health
Registered 26 Jun 2020
Table of contents.

Commonwealth Coat of Arms of Australia

 

Health Insurance Amendment (General Practitioners) Regulations 2020

I, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 25 June 2020

David Hurley

Governor‑General

By His Excellency’s Command

Greg Hunt

Minister for Health

 

  

  


Contents

1............ Name............................................................................................................................. 1

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

3............ Authority....................................................................................................................... 1

4............ Schedules...................................................................................................................... 1

Schedule 1—Amendments                                                                                                                          2

Part 1—Initial amendments                                                                                                                  2

Health Insurance Regulations 2018                                                                                                  2

Part 2—Later amendments                                                                                                                   4

Health Insurance Regulations 2018                                                                                                  4

 


1  Name

                   This instrument is the Health Insurance Amendment (General Practitioners) Regulations 2020.

2  Commencement

             (1)  Each provision of this instrument 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.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  Sections 1 to 4 and anything in this instrument not elsewhere covered by this table

The day after this instrument is registered.

27 June 2020

2.  Schedule 1, Part 1

The day after this instrument is registered.

27 June 2020

3.  Schedule 1, Part 2

At the same time as Schedule 1 to the Health Insurance Amendment (General Practitioners and Quality Assurance) Act 2020 commences.

 

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

             (2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

                   This instrument is made under the Health Insurance Act 1973.

4  Schedules

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

Schedule 1Amendments

Part 1Initial amendments

Health Insurance Regulations 2018

1  Section 4

Repeal the following definitions:

                     (a)  definition of predominantly general practice;

                     (b)  definition of quarter.

2  Subdivision B of Division 5 of Part 2

Repeal the Subdivision, substitute:

Subdivision BVocationally registered general practitioners

19  ACRRM may give notice about applicant’s eligibility for vocational registration

                   The ACRRM is specified for the purposes of paragraph 3F(6)(b) of the Act (about bodies that may give the Chief Executive Medicare notice about an applicant being eligible for registration on the Vocational Register of General Practitioners).

19A  Eligibility for vocational registration

                   For the purposes of subsection 3F(6) of the Act, a medical practitioner whose name has been removed from the Vocational Register of General Practitioners is eligible for registration under section 3F of the Act if:

                     (a)  the practitioner holds general registration in the medical profession (and is not registered in the specialty of general practice) under the National Law; and

                     (b)  the practitioner met the continuing professional development requirements of the RACGP or the ACRRM for the 2017‑2019 triennium.

20  Notice if professional body does not consider applicant eligible for vocational registration

             (1)  This section applies if one of the following (the professional body) declines to give the Chief Executive Medicare written notice under subsection 3F(6) of the Act in relation to an applicant for registration under section 3F of the Act:

                     (a)  the RACGP;

                     (b)  the ACRRM.

             (2)  The professional body must give the Chief Executive Medicare written notice that it so declines.

             (3)  If the Chief Executive Medicare receives a notice under subsection (2) in relation to an applicant, the Chief Executive Medicare must give the applicant written notice that such a notice has been received.

21  ACRRM or Medical Board of Australia may give notice for removal from Vocational Register of General Practitioners

                   The ACRRM and the Medical Board of Australia are each specified for the purposes of paragraph 3G(1)(b) of the Act (about bodies that may give the Chief Executive Medicare notice about a requirement to remove a medical practitioner’s name from the Vocational Register of General Practitioners).

21A  Requirement for removal from Vocational Register of General Practitioners

                   For the purposes of paragraphs 3G(1)(b) and (c) of the Act, a medical practitioner’s name must be removed from the Vocational Register of General Practitioners if:

                     (a)  the practitioner ceases to hold general registration in the medical profession (and is not registered in the specialty of general practice) under the National Law; or

                     (b)  if the medical practitioner’s name was last entered on the Vocational Register of General Practitioners because the RACGP gave the Chief Executive Medicare notice for the purposes of subsection 3F(6) of the Act—the RACGP was later satisfied that the practitioner did not meet the continuing professional development requirements of the RACGP for the 2017‑2019 triennium; or

                     (c)  if the medical practitioner’s name was last entered on the Vocational Register of General Practitioners because the ACRRM gave the Chief Executive Medicare notice for the purposes of subsection 3F(6) of the Act—the ACRRM was later satisfied that the practitioner did not meet the continuing professional development requirements of the ACRRM for the 2017‑2019 triennium.

3  Part 12 (heading)

Repeal the heading, substitute:

Part 12Application, saving and transitional provisions

4  In the appropriate position in Part 12

Insert:

Division 2Application provision relating to the Health Insurance Amendment (General Practitioners) Regulations 2020

104  Application of section 21A

                   Section 21A applies to the removal of names of medical practitioners from the Vocational Register of General Practitioners on and after the commencement of that section, whether their names were entered in the Vocational Register at any time before that commencement, or on or after that commencement.

Part 2Later amendments

Health Insurance Regulations 2018

5  Section 4

Repeal the following definitions:

                     (a)  definition of accredited training;

                     (b)  definition of ACRRM;

                     (c)  definition of authorised officer.

6  Division 5 of Part 2

Repeal the Division, substitute:

Division 5General practitioners

16  Medical practitioners who were on Vocational Register of General Practitioners

             (1)  This section prescribes a kind of medical practitioner for the purposes of paragraph (b) of the definition of general practitioner in subsection 3(1) of the Act.

Note:          Medical practitioners of that kind are general practitioners as defined by that subsection.

             (2)  The kind is a medical practitioner for whom the following conditions are met:

                     (a)  the practitioner holds general registration in the medical profession (and is not registered in the specialty of general practice) under the National Law;

                     (b)  immediately before the commencement of Schedule 1 to the Health Insurance Amendment (General Practitioners and Quality Assurance) Act 2020:

                              (i)  the practitioner held general registration in the medical profession (and was not registered in the specialty of general practice) under the National Law; and

                             (ii)  the practitioner’s name was entered in the Vocational Register of General Practitioners.

7  Paragraph 27(b)

Repeal the paragraph.

8  Paragraph 27(c)

Omit “practitioner; or”, substitute “practitioner.”.

9  Paragraphs 27(d) and (e)

Repeal the paragraphs.

10  Subsection 63(1) (note 1)

Repeal the note.

11  Subsection 63(1) (note 2)

Omit “Note 2”, substitute “Note”.

12  Division 2 of Part 12

Repeal the Division.