Instrument of Establishment of the Medical Training Review Panel No. 1 of 2010 (Cth)
Instrument of Establishment of the Medical Training Review Panel No. 1 of 2010
I, NICOLA ROXON, Minister for Health and Ageing, make this Instrument under subsection 3GC(1) of the Health Insurance Act 1973.
Dated: 17 May 2010
N Roxon _
Minister for Health and Ageing
Contents
Part 1 - Interpretation
1. Name of Instrument
2. Commencement
3. Definitions
4. Revocation
Part 2 - The Medical Training Review Panel
5. Establishment
6. Composition of the Panel
7. Cessation of membership
8. Termination of membership
9. The Performance of Panel functions
10. Meetings of the Panel
11. Panel meetings
12. Disclosure of interests
13. Panel may form sub-committees
14. Panel may inform itself in any manner
15. Department may engage consultants
16. Cessation of Instrument
Part 1 - Interpretation
Name of Instrument
This Instrument is the Instrument of Establishment of the Medical Training Review Panel No. 1 of 2010.
Commencement
This Instrument commences on the day the Minister makes this Instrument.
Definitions
For the purposes of this Instrument:
Act means the Health Insurance Act 1973.
acting member means a person who has become a acting member in accordance with subsection 5(5) of the Determination Relating to the Appointment of Persons as Members of the Medical Training Review Panel No. 1 of 2010.
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 subsection 4(2) of 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 subsection 4(1) of the Determination Relating to the Nomination of Persons as Members of the Medical Training Review Panel No. 1 of 2010.
Panel means the Medical Training Review Panel.
primary member means a person who has become a primary member in accordance with subsection 5(3) of the Determination Relating to the Appointment of Persons as Members of the Medical Training Review Panel No. 1 of 2010.
Revocation
All previous instruments under subsection 3GC(1) of the Act are revoked.
Part 2 - The Medical Training Review Panel
Establishment
The Medical Training Review Panel is established.
Composition of the Panel
(1) The Panel shall consist of:
(a)a Chairperson; and
(b)primary members and acting members appointed in accordance with the Determination Relating to the Appointment of Persons as Members of the Medical Training Review Panel No. 1 of 2010.
(2) The Chairperson of the Panel shall be a Senior Executive Service officer of the Department performing the duties of a position nominated by the Secretary of the Department.
(3) Primary members and acting members shall be part time office holders.
Cessation of membership
(1) A primary member or acting member ceases to hold office when:
(a)a resignation in writing from that member is received by the Department;
(b)he or she ceases to occupy a nominated primary membership position or nominated acting membership position; or
(c)a notice in writing from the relevant MTRP organisation revoking:
(i)nomination of the membership position which the member occupies; or
(ii)notification of the person pursuant to the Determination Relating to the Nomination of Persons for Appointment as Members of the Medical Training Review Panel No. 1 of 2010;
is received by the Department;
whichever occurs or takes effect earliest.
(2) A resignation takes effect on the day it is received by the Department or, if a later day is specified in the resignation, on that later day.
Termination of membership
The Minister may terminate the appointment of a member for misbehaviour or for physical or mental incapacity.
The Performance of Panel functions
The performance of the functions of the Panel shall not be affected by reason only of there being a vacancy or vacancies in the persons appointed to the Panel in accordance with the Determination Relating to the Appointment of Persons as Members of the Medical Training Review Panel No. 1 of 2010 or the Determination Relating to the Nomination of Persons for Appointment as Members of the Medical Training Review Panel No. 1 of 2010.
Meetings of the Panel
(1) The Chairperson of the Panel shall convene meetings as are necessary for the conduct of the Panel’s affairs.
(2) The Chairperson of the Panel shall preside at all meetings of the Panel at which he or she is present. In the event the Chairperson is absent for all or part of a meeting of the Panel, the Chairperson may nominate:
(a)another Senior Executive Service Officer of the Department;
(b)a Medical Officer of the Department in the same approved classification group as an SES employee in the Public Service Classification Rules 2000; or
(c)a member of the Panel;
as an alternative Chairperson, who shall preside while the Chairperson is absent.
Panel meetings
The Panel may regulate and conduct proceedings at its meetings as it thinks fit.
Disclosure of interests
(1) A primary member or acting member must give written notice to the Chairperson of all interests, pecuniary or otherwise, that the member has or acquires and that conflict or could conflict with the proper performance of the member’s functions.
(2) A primary member or acting member who has an interest, pecuniary or otherwise, that the member has or acquires and that conflict or could conflict with the proper performance of the member’s or acting member’s functions in a matter being considered or about to be considered by the Panel must disclose the nature of the interest to a meeting of the Panel.
(3) A disclosure under subsection (2) must be made as soon as possible after the relevant facts have come to the primary member’s or acting member’s knowledge.
(4) If a conflict disclosed under subsection (2) is considered material, it must be recorded in the minutes of the meeting and the member who has disclosed the conflict must absent themselves from the discussion of the agenda item for which there is a conflict.
Panel may form sub-committees
The Panel may form sub-committees to undertake specific tasks.
Panel may inform itself in any manner
For the purposes of the consideration of any issue, matter or question before the Panel, the Panel may inform itself in such a manner as it thinks fit.
Department may engage consultants
The Department may, on behalf of the Commonwealth, engage consultants to assist the Panel.
Cessation of Instrument
This instrument shall cease to have effect from 30 June 2016.
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