EXPLANATORY STATEMENT
HEALTH INSURANCE ACT 1973
SUBSECTION 3GC(3)(a)
DETERMINATION RELATING TO APPOINTMENT OF PERSONS AS MEMBERS OF THE MEDICAL TRAINING REVIEW PANEL
Background
Subsection 3GC(1) of the Health Insurance Act 1973 (the Act) provides for the Minister to establish the Medical Training Review Panel (the Panel). This is done by the Instrument of Establishment of the Medical Training Review Panel No.1 of 2010, made under that subsection.
Paragraph 3GC(3)(a) of the Act provides for the Minister to make determinations relating to appointment of persons to the Panel. Paragraph 3GC(3)(b) of the Act provides for the Minister to make determinations relating to nomination of persons for such appointments.
This determination relates to the appointment or persons to the Panel and should be read in conjunction with:
- the instrument made under subsection 3GC(1) - the Instrument of Establishment of the Medical Training Review Panel No.1 of 2010; and
- the determination made under paragraph 3GC(3)(b) - the Determination Relating to the Nomination of Persons for Appointment as Members of the Medical Training Review Panel No. 1 of 2010.
History
The Panel was initially established by an instrument under subsection 3GC(1) in 1997, with a Chairperson being an officer of the Department of Health and Ageing (the Department), and up to 29 members.
A determination under paragraph 3GC(3)(b) of the Act was made in 1997. It provided for nominations to be made by various entities including States and Territories, medical colleges, the Committee of Presidents of Medical Colleges, the Committee of deans of Medical Schools, General Practice Divisions, the Public Service Association of New South Wales, the Australian Salaried Medical Officers Federation, the Australian Medical Students Association, the Rural Doctors Association of Australia, and the Australian Medical Workforce Advisory Committee. That determination was still in effect until the Determination Relating to the Nomination of Persons for Appointment as Members of the Medical Training Review Panel No. 1 of 2010 was made.
A determination under paragraph 3GC(3)(a) of the Act was made in 1997, appointing named persons as representatives of the organisations listed in the determination under paragraph 3GC(3)(b) of the Act. It was subsequently revoked and replaced by another determination under paragraph 3GC(3)(a) of the Act in 2003, again appointing named persons as representatives of the organisations listed in the determination under paragraph 3GC(3)(b) of the Act.
The Determination relating to the Appointment of Persons as Members of the Medical Training Review Panel No. 1 of 2010.
The Determination refers to the Schedule to the determination under paragraph 3GC(3)(b) of the Act, that is the determination relating to nominations of person for appointments. That Schedule lists organisations, known as MTRP organisations. For each MTRP organisation, the Schedule shows the number of persons who may be nominated as primary members pursuant to the determination under paragraph 3GC(3)(b) of the Act, and the maximum number of primary and acting members who can perform functions of the MTRP at any one time pursuant to the this determination.
Under the Determination Relating to the Nomination of Persons for Appointment as Members of the Medical Training Review Panel No. 1 of 2010 an MTRP organisation may nominate a primary membership position and an acting membership position. The MTRP organisation then notifies the Department of the name of the person who is in that position in the organisation.
Following that process, section 4 of this Determination provides that a person who has been notified as occupying a nominated primary or acting membership position within an MTRP organisation is eligible to be appointed as, respectively, a primary or acting member of the Panel.
Section 5 sets out the procedure for making an appointment of a notified person. The procedure provides for the Department to request that the notified person give the Chairperson written notice of interests in accordance with a determination under subsection 3GC(1) of the Act, execute a deed of confidentiality and provide it to the Department, and provide reasonable information for the purposes of administration of the operations of the Panel.
The Department may make an offer to a notified person of appointment to the Panel as a member.
When the notified person accepted the offer of appointment, and the Department has received the acceptance, the person becomes either a primary member or an acting member.
Section 6 provides that a member must provide the written notice of interests to the Chairperson and give a copy of the executed deed of confidentiality to the Department before they perform duties and functions as a member of the Panel.
Section 7 provides that an acting member of the MTRP, following notification by an MTRP organisation, may perform the functions as a member of the MTRP only during a period when a primary member is absent or unavailable to perform his or her functions as a member.
Section 8 provides that, for each MTRP organisation, the maximum total number of primary members and acting members that can perform functions as a member of the Panel at one time is the number 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 corresponding to that MTRP organisation.
Under section 9 of the Determination, in order to avoid unnecessary delays in appointments arising from the introduction of new arrangements an officer of the Department who is a member of the Senior Executive Service may 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 determination under paragraph 3GC(1) of the Act, the determination under paragraph 3GC(3)(b) of the Act or this determination for a person to become a member has not been fulfilled.
A person appointed by an officer of the Department shall be a primary member or acting member for one period of duration of up to three months, as specified in writing by the officer making the appointment.
A temporary member must provide a written notice of interests and a deed of confidentiality before they may sit on the Panel. In the performance of the role on the Panel, a temporary member has the same rights and obligations as a primary or an acting member.
Section 10 provides that all previous determinations under paragraph 3GC(3)(a) of the Act are revoked.
Commencement
The Determination commences on the date the Minister makes the Determination. The day on which the Determination is made will pre-date the day is registered on the Federal Register of Legislative Instruments so that the process for nomination and appointment can proceed without delay.
The commencement of this Determination does affect the rights of a person as at the date of commencement so that the person would be disadvantaged or impose a liability on a person in respect of anything done or be omitted to be done. The commencement of the Determination is therefore consistent with section 12 of the Legislative Instruments Act 2003.
Cessation of determination
Section 11 provides that the Determination will cease to have effect from 30 June 2016.
Status of determination under the Legislative Instruments Act 2003
The determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Consultation
A wide range of stakeholders in the medical education and training field, including members of the Panel, was consulted in the course of a review of the Panel, the recommendations of which have led to the making of this instrument. The consultation was conducted by inviting stakeholders to make written submissions, by discussion at meetings of the Panel, and discussion at a teleconference of jurisdictional representatives.