Determination Relating to the Appointment of Persons as Members of the Medical Training Review Panel No. 1 of 2010 (Cth)

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Determination Relating to the Appointment of Persons as Members of the Medical Training Review Panel No. 1 of 2010


I, NICOLA ROXON, Minister for Health and Ageing, make this Determination under paragraph 3GC(3)(a) of the Health Insurance Act 1973.

Dated:  :      17 May      2010

N Roxon   _

Minister for Health and Ageing

Contents

Part 1 - Interpretation

1.           Name of Determination

2.           Commencement

3.           Definitions

Part 2 - Appointment of members of the Panel

4.           Notified persons eligible to be appointed

5.           Procedure for appointment

6.           Information to be provided before a primary member or an acting member may sit on the Panel

7.           When acting members may perform functions as a member of the Panel

8.           Maximum total number of primary members, acting members and temporary members that can perform functions as members at one time

9.           Temporary appointment by SES officer of Department

10.          Revocation of previous determinations

11.          Cessation of Determination

Part 1 - Interpretation

1.   Name of Determination

This Determination is the Determination Relating to the Appointment of Persons as Members of the Medical Training Review Panel No. 1 of 2010.

  1. Commencement

This Determination commences on the day the Minister makes this Determination.

  1. Definitions

For the purposes of this Determination:

Act means the Health Insurance Act 1973.

acting member means a person who has become an acting member in accordance with subsection 5(5).

Chairperson means the Chairperson of the MTRP.

Department means the Department of Health and Ageing.

in writing includes by facsimile or e-mail.

MTRP organisation means an organisation listed in the Schedule to the Determination Relating to the Nomination of Persons as Members of the Medical Training Review Panel No. 1 of 2010.

nominated acting membership position means an acting membership position in an MTRP organisation nominated by that MTRP organisation in accordance with the Determination Relating to the Nomination of Persons as Members of the Medical Training Review Panel No. 1 of 2010.

nominated primary membership position means a primary membership position in an MTRP organisation nominated by that MTRP organisation in accordance with the Determination Relating to the Nomination of Persons as Members of the Medical Training Review Panel No. 1 of 2010.

notified acting person means a person who has been notified by an MTRP organisation to the Department of Health and Ageing as a person who occupies a nominated acting membership position of that MTRP organisation.

notified primary person means a person who has been notified by an MTRP organisation to the Department of Health and Ageing as a person who occupies a nominated primary membership position of that MTRP organisation.

Panel means the Medical Training Review Panel.

primary member means a person who has become a primary member in accordance with subsection 5(3).

temporary member means a person who is appointed to the Panel as a temporary member under section 9.

Part 2 - Appointment of members of the Panel

  1. Notified persons eligible to be appointed

(1)    Subject to this Determination, a notified primary person is eligible to be appointed as a primary member of the Panel.

(2)    Subject to this Determination, a notified acting person is eligible to be appointed as an acting member of the Panel.

  1. Procedure for appointment

(1)    The Department must request a notified primary person or notified acting person to:

(a)give the Chairperson written notice of interests in accordance with the Instrument of Establishment ofthe Medical Training Review Panel No. 1 of 2010;

(b)sign a deed of confidentiality and provide it to the Department; and

(c)provide the Department with reasonable information for the purposes of administration of the operations of the Panel.

(2)    The Department may make an offer to a notified primary person of appointment to the Panel as a primary member, in writing.

(3)    When a notified primary person has notified the Department, in writing, of their acceptance of the offer made under subsection (2), that person becomes a primary member of the Panel.

(4)    The Department may make an offer to a notified acting person of appointment to the Panel as an acting member.

(5)    When a notified acting person has notified the Department, in writing, of their acceptance of the offer made under subsection (4) that person becomes an acting member of the Panel.

  1. Information to be provided before a primary member or an acting member may sit on the Panel

A primary member or an acting member must provide the information requested under paragraphs 5(1)(a) and 5(1)(b)  before they may perform duties and functions as a member of the Panel.

  1. When acting members may perform functions as a member of the Panel

(1)    For each MTRP organisation, each person who becomes an acting member of the Panel may perform duties and functions as a member of the Panel only during a period when a primary member for that MTRP organisation is absent or unavailable to perform his or her functions as a member.

(2)    For the purposes of subsection (1), if there is more than one primary member for an MTRP organisation, an acting member for that MTRP organisation may act in the absence or unavailability of any of those primary members.

  1. Maximum total number of primary members, acting members and temporary members that can perform functions as members at one time

For each MTRP organisation, the maximum total number of primary members, acting members and temporary members that can perform functions as a member of the Panel at one time is set out in column 3 of the schedule to the Determination Relating to the Nomination of Persons for Appointment as Members of the Medical Training Review Panel No. 1 of 2010.

  1. Temporary appointment by SES officer of Department

(1)    For the period of six months from the date of this determination, an officer of the Department who is a member of the Senior Executive Service may, in their absolute discretion, appoint a person as a temporary member of the Panel if:

(a)an MTRP organisation has communicated in writing to the Department that it wishes the person to be a member of the Panel; and

(b)one or more requirements of the Instrument of Establishment ofthe Medical Training Review Panel No. 1 of 2010 and the Determination Relating to the Nomination of Persons for Appointment as Members of the Medical Training Review Panel No. 1 of 2010 or this Determination for a person to become a member, has not been fulfilled.

(2)    A person appointed under subsection (1) shall be a temporary member for once only period of up to three months, as specified in writing by the officer making the appointment.

(3)    A temporary member must provide a written notice of interests to the Chairperson and a signed deed of confidentiality to the Department before performing duties and functions as a member of the Panel.

(4)    In the performance of their duties and functions as a member of the Panel, a temporary member has the same rights and obligations as a primary member or an acting member.

  1. Revocation of previous determinations

This Determination revokes all previous determinations made under paragraph 3GC(3)(a) of the Act.

  1. Cessation of Determination

This Determination shall cease to have effect from 30 June 2016.

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