Statutory Rules 1996
No. 350 1
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Health Insurance (Vocational Registration of General
Practitioners) 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
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1. Commencement
1.1 These
Regulations commence on 24 December 1996.
2. Amendment
2.1 The Health
Insurance (Vocational Registration of General Practitioners) Regulations are
amended as set out in these Regulations.
3. Regulation 2 (Definitions)
3.1 Subregulation 2 (1) (definitions of
“Appeal Committee”, “Eligibility Committee”, “General Manager”, “medical
body”):
Omit the definitions.
3.2 Subregulation 2 (1) (definition of
“Committee”):
Omit paragraph (a), substitute:
3.3 Subregulation 2 (1):
Insert the following definitions:
“‘Appeal Committee’ means the General Practice
Recognition Appeal Committee;
‘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;
‘managing director’ means the Managing Director of
the Commission;
‘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;”.
3.4 Subregulation 2 (2):
Omit the subregulation.
4. Regulation 3 (Procedure for registration)
4.1 Subregulations 3 (1) and (2):
Omit “an”, substitute “the”.
5. New Regulation 3A
5.1 After regulation 3, insert:
Notices about registration eligibility—specified bodies
“3A. For paragraph 3F (6) (b) and
3G (1) (b) of the Act, the Eligibility Committee and the Appeal
Committee are specified.”.
6. Regulation 4 (Appeals)
6.1 Omit the regulation, substitute:
Notice to be given of certain decisions
“4. (1) The
RACGP must give the managing director 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
managing director written notice if it declines to certify that a practitioner
is eligible for registration under regulation 5, 5A or 5B.
“(3) The managing director must give a medical
practitioner written notice if it receives notice under subregulation (1) or
(2) or 6 (2).
Appeals
“4A.(1) If
the managing director gives a medical practitioner notice:
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.
“(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 managing director 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:
Transitional provisions—unfinalised requests and appeals
“4B.(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.”.
7. Regulation 5 (Eligibility for registration)
7.1 Omit regulation 5, substitute:
Eligibility for registration—application pending on 24 December
1996
“5.(1) This
regulation applies to a medical practitioner:
“(2) The practitioner is eligible for registration
if the RACGP or Eligibility Committee certifies that the practitioner meets the
criteria that applied when the application was lodged.
Eligibility for registration—practitioner previously registered
“5A.(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.
Standard eligibility for registration
“5B.(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.”.
8. Regulation 6 (Removal)
8.1 Omit regulation 6, substitute:
Removal
“6.(1) The
name of a medical practitioner must be removed from the Register if the
managing director is given notice under subregulation (2), (3) or (4).
“(2) The Eligibility Committee must give the
managing director 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 managing director
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 managing
director 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.”.
9. Regulation 7 (Committees to have regard to
criteria etc.)
9.1 Omit regulation 7.
10. Regulation 8 (Registration in other cases)
10.1 Omit regulation 8, substitute:
Registration pending decision on appeal
“8.(1) A
medical practitioner remains registered if:
- (a)
the managing director gives the practitioner
notice that the practitioner’s name is to be removed from the Register because
the managing director 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.”.
11. Regulation 9 (Establishment of Vocational
Registration Eligibility Committees)
11.1 Omit
regulation 9, substitute:
Establishment of General Practice Recognition Eligibility Committee
“9.(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.
Establishment of additional General Practice Recognition
Eligibility Committees
“9A.(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).”.
12. Regulation 10 (Establishment of Vocational
Registration Appeal Committee)
12.1 Omit regulation 10, substitute:
Establishment of General Practice Recognition Appeal Committee
“10.(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.
Establishment of second General Practice Recognition Appeal
Committee
“10A.(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).”.
13. Regulation 11 (Appointment to Committees)
13.1 Subregulation 11 (1):
Omit the subregulation, substitute:
“(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.”
13.2 Subregulation 11 (3):
Omit “each medical body”, substitute “the RACGP and the Australian
Medical Association each”.
13.3 Subregulation 11 (4):
Omit the subregulation, substitute:
“(4) A nomination under subregulation (3) must be
made within the period, of not less than 14 days, specified in the Minister’s
request.”.
13.4 Subregulation 11 (5):
Omit “is to”, substitute “may”.
13.5 Subregulation 11 (6):
Omit the subregulation, substitute:
“(6) The Minister may appoint a person to a
Committee if:
14. Regulation 13
(Appointment of acting members)
14.1 Subregulation 13 (1):
Omit the subregulation, substitute:
“(1) If:
the Minister may consult with the body about someone acting in the
member’s office.”.
15. Regulation 16 (Replacement of members failing
to serve their full term)
15.1 Omit the regulation, substitute:
Replacement of certain members failing to serve their full term
“16. (1) If:
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:
16. New Regulation 21
16.1 Add at the end:
Providing certain Commission information to Committees
“21.(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.”.
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NOTES
1. Notified in the Commonwealth
of Australia Gazette on 24 December 1996.
2. Statutory Rules 1989
No. 270 as amended by 1992 No. 297; 1994 No. 350.