EXPLANATORY STATEMENT
HEALTH INSURANCE ACT 1973
PARAGRAPH 3GC(3)(b)
DETERMINATION RELATING TO NOMINATION OF PERSONS FOR APPOINTMENT 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 the 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 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)(a) - the Determination relating to the Appointment of Persons 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 in effect until this determination 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 Nomination of Persons for Appointment as Members of the Medical Training Review Panel No. 1 of 2010
Under the Determination 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.
Section 4 of the Determination provides for MTRP organisations to nominate positions within those organisations, the occupants of which will be eligible to be appointed as primary members of the Panel (primary membership positions).
Section 4 also provides for MTRP organisations to nominate positions within those organisations, the occupants of which will be eligible to be appointed as acting members of the Panel (acting membership positions).
An MTRP organisation may decide as it thinks fit how a nominated position is created and named.
Nominated positions may be such that there is more than one person occupying a position with the same title, for example “Member of the Board of Education”.
MTRP organisations may revoke or substitute nominated membership positions.
Nominations of positions made since 1 November 2008 are valid for the purposes of this determination.
The Department may specify an address or e-mail address to which nominations of positions must be sent.
Section 5 deals with the nomination of the persons who are occupying the positions which have been notified to the Department.
MTRP organisations may notify the Department of the persons who are the occupants of primary and acting membership positions. Notifications made since 1 November 2008 are valid for the purposes of this determination.
An MTRP organisation may decide in such a manner as it thinks fit how a person becomes the occupant of a nominated position, or ceases to be the occupant of a nominated position.
The Department may specify an address or e-mail address to which notifications of persons must be sent.
The Schedule to this Determination lists organisations, known as MTRP organisations.
For each MTRP organisation, the Schedule lists the number of persons who may be nominated as primary members, and the maximum number of primary and acting members who can perform functions of the MTRP at any one time pursuant to the the Determination relating to the Appointment of Persons as Members of the Medical Training Review Panel No. 1 of 2010.
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
The Determination will cease to have effect from 30 June 2016.
This is consistent with the requirement under section 19AD of the Act for the Minister to cause a report setting out details of section 3GC to be tabled in 2015, and for the Panel to subsequently convene a meeting to discuss that report.
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.