Health Insurance Regulations (Amendment) (Cth)

Statutory Rules 1996

No. 335 1

__________________

Health Insurance Regulations 2(Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Health Insurance Act 1973.

Dated 20 December 1996.

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

MICHAEL WOOLDRIDGE

Minister for Health and Family Services

____________

1.   Commencement

1.1   These Regulations commence on 24 December 1996.

2.   Amendment

2.1   The Health Insurance Regulations are amended as set out in these Regulations.

3.   Regulation 2 (Interpretation)

3.1   Insert the following definitions:

“‘Appeal Committee’ means the General Practice Recognition Appeal Committee established under the Health Insurance (Vocational Registration of General Practitioners) Regulations;

“‘RACGP’ means the Royal Australian College of General Practitioners;”.

4.   New regulations

4.1   After regulation 6, insert:

Recognised Fellows of the RACGP

 “6A.(1) An applicant is eligible for a determination under paragraph 3EA (2) (b) of the Act if the RACGP certifies that the applicant meets the minimum requirements of the RACGP for taking part in continuing medical education and quality assurance.

 “(2) For subparagraph 3EB (1) (b) (ii) of the Act, a determination under section 3EA of the Act in respect of a medical practitioner must be revoked if the RACGP certifies that the practitioner does not meet the minimum requirements of the RACGP for continuing medical education and quality assurance.

Notice to be given of certain decisions

 “6B.(1) The RACGP must give the Managing Director written notice if it declines to certify under subregulation 6A (1).

 “(2) The Managing Director must give a medical practitioner written notice if it receives notice under subregulation (1).

Appeals

 “6C.(1) A medical practitioner who receives notice under:

• (a)

  subregulation 6B (2); or

• (b)

  subsection 3EB (2) of the Act because the RACGP has given the Managing Director notice under subparagraph 3EB (1) (b) (ii) of the Act;

may appeal to the Appeal Committee within 28 days after the day the notice is given.

 “(2) The Appeal Committee must hear and decide the appeal.

 “(3) If the Committee allows the appeal, the practitioner is eligible for a determination.

 “(4) If the Committee dismisses the appeal it must give the practitioner written notice with:

• (a)

  the result of the appeal; and

• (b)

  the terms of the decision; and

• (c)

  a statement to the effect that a copy of the reasons for the decision may be obtained from the Committee on written request made within 28 days after the notice is given.

Eligibility pending decision on appeal

 “6D.(1) A medical practitioner remains eligible for a determination if:

• (a)

  the Managing Director gives the practitioner notice that a determination under section 3EA of the Act in respect of the practitioner is to be revoked; and

• (b)

  the practitioner’s appeal is received by the Appeal Committee before the date specified in the notice for removal.

 “(2) The practitioner ceases to be eligible under subregulation (1) when the practitioner’s appeal is finalised.

Register of Approved Placements

 “6E. For paragraph 3GA (5) (a) of the Act, the following bodies, courses and programs are specified:

• (a)

  a body in an item in Schedule 1A;

• (b)

  a course that leads to a qualification in an item in Part 1 of Schedule 1A from the body specified in the item;

• (c)

  a program in an item in Part 2 of Schedule 1A approved by the body specified in the item.

Circumstances in which subparagraphs 19AA (1) (b) (iv) and (2) (b) (iv) of the Act apply

 “6F. For paragraph 19AA (3) (b) of the Act, subparagraphs 19AA (1) (b) (iv) and (2) (b) (iv) of the Act only apply to a professional service that was rendered by a person, registered under subsection 3GA (5) of the Act, not more than:

• (a)

  2 weeks after the period for which the person was registered; or

• (b)

  if the managing director approves—6 weeks after the period for which the person was registered.

Interns—relevant State or Territory laws

 “6G. For subsection 19AA (5) of the Act, the following laws are specified:

• (a)

  Medical Practice Act 1992 of New South Wales;

• (b)

  Medical Practice Act 1994 of Victoria;

• (c)

  Medical Act 1939 of Queensland;

• (d)

  Medical Practitioners Act 1983 of South Australia;

• (e)

  Medical Act 1894 of Western Australia;

• (f)

  Medical Act 1959 of Tasmania;

• (g)

  Medical Practitioners Act 1930 of the Australian Capital Territory;

• (h)

  Northern Territory of Australia Medical Act 1995 of the Northern Territory.”.

5.   New Schedule 1A

5.1   Before Schedule 1, insert:

“SCHEDULE 1A Regulation 6E

PART 1—SPECIFIED BODIES AND COURSES

Item	Body	Qualification
1	Australasian College of Dermatologists	FACD
2	Australasian College for Emergency Medicine	FACEM
3	Royal Australian College of Obstetricians & Gynaecologists	FRACOG
4	Australasian Faculty of Occupational Medicine	FACOM

Item	Body	Qualification
5	Royal Australian College of Ophthalmologists	FRACO
6	Royal College of Pathologists of Australasia	FRCPA
7	Royal Australasian College of Physicians	FRACP FAFOM
8	Royal Australian and New Zealand College of Psychiatrists	FRANZCP
9	Australasian Faculty of Public Health Medicine	FAFPHM
10	Royal Australasian College of Radiologists	FRACR DRACR
11	Australasian Faculty of Rehabilitation Medicine	FAFRM
12	Royal Australasian College of Surgeons	FRACS

PART 2—SPECIFIED PROGRAMS

Item	Body	Program
1	Queensland Department of Health	Queensland Country Relieving Program
2	RACGP	RACGP Training Program”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 24 December 1996.

2. Statutory Rules 1975 No. 80 as amended by 1975 Nos. 118, 125 and 135 (disallowed by the Senate on 4 September 1975); 1976 Nos. 202, 214 and 215; 1977 Nos. 26 and 44; 1978 Nos. 95 and 177; 1979 No. 230; 1981 Nos. 198 and 317; 1982 Nos. 157, 251 and 287; 1983 Nos. 106, 231, 253 and 255; 1984 Nos. 5 and 162; 1985 Nos. 36, 50, 95, 205 and 290 (disallowed by the Senate at the expiration of 10 April 1986); 1986 Nos. 19, 20, 87 and 326; 1987 Nos. 32, 163 and 166; 1988 No. 314; 1989 Nos. 6, 54, 117 and 293; 1990 No. 25; 1991 Nos. 82, 314, 365 and 441; 1992 Nos. 42, 111, 239, 335 and 431; 1993 Nos. 106, 130 and 154; 1994 Nos. 20, 27, 111, 137, 138, 328 and 413; 1995 Nos. 9, 25, 287, 300 and 409; 1996 Nos. 231, 234 and 235.