Health Insurance (Vocational Registration of General Practitioners) Regulations 1989 (Cth)
made under the
This compilation was prepared on 1 July 2011
taking into account amendments up to SLI 2011 No. 120
Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra
These Regulations are the
Health Insurance (Vocational Registration of General Practitioners) Regulations 1989 .
(1) In these Regulations, unless the contrary intention appears:
Appeal Committee means the General Practice Recognition Appeal Committee.Committee means:(a) the Eligibility Committee or Appeal Committee; and
(b) in relation to a Chairperson or member — the Committee of which he or she is Chairperson or member, as the case may be.
Eligibility Committee means the General Practice Recognition Eligibility Committee.general practice , for a medical practitioner, means a practice in which the practitioner is engaged predominantly in primary, continuing, comprehensive, whole-patient care to individuals, families and their community.member means a member of a Committee.predominantly , for general practice, means that more than 50% of clinical time, and more than 50% of services for which medicare benefits are claimed, are in general practice.quarter means a period of 3 months beginning on 1 January, 1 April, 1 July or 1 October.RACGP means the Royal Australian College of General Practitioners.Register means the Vocational Register of General Practitioners established under subsection 3F (2) of the Act.registration means registration under section 3F of the Act.relevant medical body means, in relation to a member of a Committee who is appointed from a panel nominated by a medical body, that body.the Act means theHealth Insurance Act 1973 .
(1) Where a medical practitioner proposes that his or her eligibility for registration be considered by the Eligibility Committee, the practitioner must lodge with the Committee:
(a) a request for that purpose; and
(b) evidence of the eligibility; and
(c) a fee of $30.
(2) Where the Eligibility Committee receives the request it must consider the eligibility of the practitioner for registration and advise the practitioner of the Committee’s decision.
For paragraph 3F (6) (b) and 3G (1) (b) of the Act, the Eligibility Committee and the Appeal Committee are specified.
(1) The RACGP must give the Chief Executive Medicare written notice if it declines to give notice to a medical practitioner under subsection 3F (6) of the Act that the practitioner is eligible for registration.
(2) The Eligibility Committee must give the Chief Executive Medicare written notice if it declines to certify that a practitioner is eligible for registration under regulation 5, 5A or 5B.
(3) The Chief Executive Medicare must give a medical practitioner written notice if it receives notice under subregulation (1) or (2) or 6 (2).
(1) If the Chief Executive Medicare gives a medical practitioner notice:
(a) under subsection 3G (2) of the Act because the Chief Executive Medicare has received notice under paragraph 3G (1) (b) or (c) of the Act; or
(b) under subregulation 4 (3);
the practitioner may appeal to the Appeal Committee, in writing, within 28 days after the day the notice is given.
(2) The Appeal Committee must hear and decide the appeal according to the legislative requirements that applied when the decision under appeal was made.
(3) If the Committee allows the appeal, the medical practitioner is eligible for registration from the day the appeal is decided.
(4) If the Committee dismisses the appeal:
(a) for a medical practitioner who is registered — it must notify the Chief Executive Medicare under subregulation 6 (4); or
(b) in any other case — it must give the practitioner written notice of the result of the appeal.
(5) The notice under paragraph (4) (b) must include:
(a) the terms of the Committee’s decision; and
(b) a statement to the effect that a copy of the reasons for the decision may be obtained from the Committee on written.
(1) A request made under subregulation 3 (1) before the commencement of this regulation that has not been finalised before the commencement is taken to be a request lodged with the General Practice Recognition Eligibility Committee.
(2) An appeal made under subregulation 4 (2) before the commencement of this regulation that has not been finalised before the commencement is taken to be an appeal made to the General Practice Recognition Appeal Committee.
(1) This regulation applies to a medical practitioner:
(a) who applied for vocational registration before 1 January 1995; and
(b) whose application is finalised after 23 December 1996.
(2) The practitioner is eligible for registration if the RACGP or Eligibility Committee certifies that the practitioner meets the legislative requirements that applied when the application was lodged.
(1) This regulation applies to a medical practitioner whose name has been removed from the Register.
(2) The practitioner is eligible for registration if:
(a) the RACGP or Eligibility Committee certifies that the practitioner’s medical practice is, or will be within 28 days, predominantly general practice; and
(b) the RACGP certifies that the practitioner meets its minimum requirements for taking part in continuing medical education and quality assurance programs.
(1) This regulation applies to a medical practitioner to whom regulation 5 or 5A does not apply.
(2) The practitioner is eligible for registration if:
(a) the RACGP or Eligibility Committee certifies that the practitioner’s medical practice is or will be, within 28 days, predominantly general practice; and
(b) the RACGP certifies that the practitioner is a Fellow of the RACGP; and
(c) the RACGP certifies that the practitioner meets its minimum requirements for taking part in continuing medical education and quality assurance programs.
(1) The name of a medical practitioner must be removed from the Register if the Chief Executive Medicare is given notice under subregulation (2), (3) or (4).
(2) The Eligibility Committee must give the Chief Executive Medicare written notice if it is satisfied at any time that the practitioner’s medical practice was not predominantly general practice for the previous quarter.
(3) The RACGP must give the Chief Executive Medicare written notice if it is satisfied at any time that:
(a) the practitioner’s medical practice was not predominantly general practice for the previous quarter; or
(b) the practitioner has failed to meet the minimum requirements of the RACGP for taking part in continuing medical education and quality assurance programs.
(4) The Appeal Committee must give the Chief Executive Medicare written notice if it dismisses the practitioner’s appeal because it is satisfied at any time that:
(a) the practitioner’s medical practice was not predominantly general practice for the previous quarter; or
(b) the practitioner has failed to meet the minimum requirements of the RACGP for taking part in continuing medical education and quality assurance programs.
(1) A medical practitioner remains registered if:
(a) the Chief Executive Medicare gives the practitioner notice that the practitioner’s name is to be removed from the Register because the Chief Executive Medicare has received notice under paragraph 3G (1) (b) of the Act; and
(b) the practitioner’s appeal is received by the Appeal Committee before the date specified in the notice for the removal.
(2) The practitioner ceases to remain registered under subregulation (1) when the practitioner’s appeal is finalised.
(1) A committee called the General Practice Recognition Eligibility Committee is established.
(2) The Eligibility Committee consists of 5 members appointed under regulation 11.
(3) A member of the Appeal Committee is not eligible to be appointed to the Eligibility Committee.
(1) The Minister may establish 1 or more additional Eligibility Committees, and may at any time discontinue an additional Eligibility Committee.
(2) If the Minister establishes 1 or more additional Eligibility Committees, these Regulations apply to each additional committee as if it were also the Eligibility Committee established under subregulation 9 (1).
(1) A committee called the General Practice Recognition Appeal Committee is established.
(2) The Appeal Committee consists of 5 members appointed under regulation 11.
(3) A member of the Eligibility Committee is not eligible to be appointed to the Appeal Committee.
(1) The Minister may establish a second Appeal Committee, and may at any time discontinue the second Appeal Committee.
(2) If the Minister establishes a second Appeal Committee, these Regulations apply to that committee as if it were also the Appeal Committee established under subregulation 10 (1).
(1) Each member of a Committee must be a vocationally registered general practitioner or Fellow of the RACGP.
(1A) The members of the Vocational Registration Appeal Committee in office immediately before the commencement of this subregulation are taken to have been appointed to the Appeal Committee for the balance of their terms of office.
(2) One of the members may be appointed by the Minister, in writing, and the other members are to be appointed in accordance with subregulations (5) and (6).
(3) The Minister in writing is to request the RACGP and the Australian Medical Association each to nominate a panel of not less than 5 persons for consideration for appointment to the Committee.
(4) A nomination under subregulation (3) must be made within the period, of not less than 14 days, specified in the Minister’s request.
(5) The Minister in writing may appoint to the Committee 2 persons from each panel where the panel is nominated within the period specified by the Minister.
(6) The Minister may appoint a person to a Committee if:
(a) a panel is not nominated within that period; or
(b) the Minister does not wish to appoint a person from the nominated panel.
(7) A member appointed under this regulation holds office for the period, not exceeding 3 years, mentioned in the appointment.
(1) The Minister is to call a meeting of a Committee for the purpose of electing one of the members to be the Chairperson.
(2) Whenever a vacancy occurs in the office of Chairperson, the Minister is to call a meeting of the Committee for the purpose of electing one of the members to be the new Chairperson.
(3) The Minister is to appoint one of the member sot preside at a meeting under this regulation.
(4) The quorum for a meeting under this regulation is 3 members.
(5) A Chairperson is to be elected by a majority of votes of the members present and voting at the meeting.
(6) If votes on a question before a meeting are equal, the member presiding must adjourn the meeting until a time and place to be fixed by the Minister for the question to be decided.
(7) A member elected to be a Chairperson holds that office only while he or she remains a member.
(1) If:
(a) the Minister believes that a member of a Committee will be unable to attend a meeting of the Committee; and
(b) a body nominated the member;
the Minister may consult with the body about someone acting in the member’s office.
(2) The Minister, in writing, may appoint a person to act in the office of a member.
(3) A person appointed to act in the office of a member of a Committee who is the chairperson is not entitled to act as the chairperson.
The Minister may terminate the appointment of a member for misbehaviour or physical or mental incapacity.
A member may resign by writing delivered to the Minister.
(1) If:
(a) the office of a member becomes vacant; and
(b) a body nominated the member;
the Minister must ask the body to nominate a panel of at least 3 persons for consideration for appointment to the office.
(2) The nomination must be made to the Minister within the period, of not less than 14 days, specified in the Minister’s request.
(3) The Minister may appoint to the office a person from the panel nominated by the body.
(4) The Minister may appoint someone else to the office if:
(a) a panel of at least 3 persons is not nominated by the body within the period specified by the Minister; or
(b) the Minister does not wish to appoint a person from the panel nominated by the body.
The validity of the appointment of a member from a panel of persons nominated under regulation 11 or 16 is not to be called into question only because of a defect or irregularity relating to the nomination.
(1) The Chairperson must call as many meetings of a Committee as are necessary for the efficient conduct of its affairs.
(2) The Chairperson must preside at all meetings of the Committee at which he or she is present.
(3) If the Chairperson is absent from a meeting of a Committee, the members present must elect one of themselves to preside.
(4) The quorum for a meeting of a Committee is 3 members.
(5) Each member (including the Chairperson) present and voting at a meeting of a Committee has a single vote.
(6) A question arising at a meeting of a Committee is to be decided by a majority of the votes.
(7) If the votes on a question before a meeting of a Committee are equal, the question is undecided and the member presiding must direct that it be reconsidered at a time and place fixed by that member.
(8) In this regulation:
meeting does not include a meeting under regulation 12.
(1) Subject to these Regulations, a Committee may determine its procedure.
(2) Meetings of a Committee must be held in private.
(3) A Committee is not bound by any rules of evidence but may be informed on any matter in the manner the Committee chooses.
With the approval of the Minister, the Chairperson of a Committee may on behalf of the Commonwealth, engage as consultants to the Committee persons having suitable qualifications and experience.
(1) This regulation prescribes matters for subsection 130 (3A) of the Act.
(2) Each Committee is a prescribed authority.
(3) A Committee may be provided with information reasonably relevant to the performance of its functions.
The
1989 No. 270 | 6 Oct 1989 | 6 Oct 1989 | |
1992 No. 297 | 24 Sept 1992 | 24 Sept 1992 | — |
1994 No. 350 | 18 Oct 1994 | 18 Oct 1994 | — |
1996 No. 350 | 24 Dec 1996 | 24 Dec 1996 | — |
1997 No. 62 | 26 Mar 1997 | 26 Mar 1997 | |
2005 No. 207 | 19
Sept 2005 ( | 1
Oct 2005 ( | — |
2011 No. 120 | 30 June 2011 ( | 1 July 2011 | — |
am. = amended rep. = repealed rs. = repealed and substituted | |
R. 1......................................... | am. 1992 No. 297 |
rs. 2005 No. 207 | |
R. 2......................................... |
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R. 3......................................... | am. 1996 No. 350 |
R. 3A....................................... | ad. 1996 No. 350 |
R. 4......................................... | rs. 1996 No. 350 |
am. 2005 No. 207; 2011 No. 120 | |
R. 4A....................................... | ad. 1996 No. 350 |
am. 1997 No. 62; 2005 No. 207; 2011 No. 120 | |
R. 4B....................................... | ad. 1996 No. 350 |
R. 5......................................... | rs. 1996 No. 350 |
am. 1997 No. 62 | |
R. 5A....................................... | ad. 1996 No. 350 |
R. 5B....................................... | ad. 1996 No. 350 |
R. 6......................................... | rs. 1996 No. 350 |
am. 2005 No. 207; 2011 No. 120 | |
R. 7......................................... | rep. 1996 No. 350 |
R. 8......................................... | rs. 1996 No. 350 |
am. 2005 No. 207; 2011 No. 120 | |
R. 9......................................... | rs. 1996 No. 350 |
R. 9A....................................... | ad. 1996 No. 350 |
R. 10....................................... | rs. 1996 No. 350 |
R. 10A.................................... | ad. 1996 No. 350 |
R. 11....................................... | am. 1996 No. 350 |
R. 13....................................... | am. 1996 No. 350 |
R. 16....................................... | rs. 1996 No. 350 |
R. 21....................................... | ad. 1996 No. 350 |
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