Determination Relating to the Nomination of Persons for Appointment as Members of the Medical Training Review Panel No. 1 of 2010

Administered by Department of Health, Disability and Ageing

Legislation au F2010L01425 Not in force Legislative Instrument

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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.

 

Overview

The Health Insurance Act 1973, enacted by the Commonwealth Parliament, was designed to establish and regulate the operations of the Medical Training Review Panel (the Panel) to ensure the quality and efficacy of medical education and training in Australia. The 1973 Act provides for the Minister to establish the Panel and make determinations concerning its composition and operation, including the appointment and nomination of its members. The Explanatory Statement F2010L01425 details the process by which the Minister determines the nomination of persons for appointment as members of the Panel, a process which involves various stakeholders such as medical colleges, educational institutions, and professional associations. This determination, made under paragraph 3GC(3)(b) of the Act, aims to facilitate a transparent and inclusive nomination process, ensuring that the Panel is representative of the diverse interests within the medical education and training sector. The policy objective is to maintain high standards in medical education and training through a well-appointed and representative Panel.

Scope and Application

The Health Insurance Act 1973 applies to the establishment of the Medical Training Review Panel (MTRP), which is created under subsection 3GC(1) and governed by the Instrument of Establishment of the Medical Training Review Panel No. 1 of 2010. The Act also concerns the appointment and nomination of members to the Panel, regulated by determinations made under paragraphs 3GC(3)(a) and 3GC(3)(b) of the Act. The Minister has the authority to make these determinations, including the nomination of persons for appointment as members of the Panel, and this authority is exercised through the Determination Relating to the Nomination of Persons for Appointment as Members of the Medical Training Review Panel No. 1 of 2010. This legislative framework applies to specified organisations, referred to as MTRP organisations, which are listed in the Schedule to the Determination and include entities such as medical colleges, general practice divisions, and other relevant professional associations. The nomination process is overseen by the Department of Health and Ageing, which is responsible for receiving and managing nominations of positions and persons. The determination allows these organisations to nominate primary and acting membership positions and the occupants of these positions, subject to certain conditions and the validity of nominations made after 1 November 2008. The scope of the Act is national, affecting the entire Commonwealth of Australia, and the determination remains in effect until 30 June 2016, after which it will be superseded by a report and subsequent discussion by the Panel.

Key Provisions

Under the Health Insurance Act 1973 (the Act), the Minister is empowered to establish the Medical Training Review Panel (the Panel) through the Instrument of Establishment of the Medical Training Review Panel No. 1 of 2010 (subsection 3GC(1)). Paragraph 3GC(3)(b) of the Act enables the Minister to make determinations regarding the nomination of persons for appointment as members of the Panel. This determination should be read alongside the instrument of establishment and the Determination relating to the Appointment of Persons as Members of the Medical Training Review Panel No. 1 of 2010 (subsection 3GC(3)(a)). The Panel was first established in 1997 with a Chairperson and up to 29 members. In 1997, a determination was also made under paragraph 3GC(3)(b) of the Act, which was in effect until this new determination was made in 2010. The Determination Relating to the Nomination of Persons for Appointment as Members of the Medical Training Review Panel No. 1 of 2010 allows organisations recognised under the Act, referred to as MTRP organisations, to nominate individuals for primary and acting membership positions on the Panel. Section 4 of the Determination permits these organisations to nominate specific positions within their entities, with the occupants of these positions being eligible for appointment as primary or acting members of the Panel. An MTRP organisation has the discretion to determine how nominated positions are created and named, and these positions may have multiple occupants with the same title. The Determination also allows for the revocation or substitution of nominated membership positions. Furthermore, nominations made since 1 November 2008 are valid for the purposes of this Determination, and the Department may specify the address or email to which nominations must be sent. Section 5 deals with the nomination of the actual persons who occupy the nominated positions, with notifications made since 1 November 2008 being valid. The Department may also specify the address or email to which notifications of persons must be sent. The Determination sets out the number of primary and acting members that can be nominated by each MTRP organisation, as well as the maximum number of primary and acting members who can perform functions of the Panel at any one time, as detailed in the Schedule. The Determination commences on the date it is made by the Minister, with the date of commencement pre-dating the date it is registered on the Federal Register of Legislative Instruments to ensure a seamless process for nomination and appointment. The commencement of this Determination does not adversely affect any person's rights as at the date of commencement. The Determination will cease to have effect from 30 June 2016, consistent with the requirement under section 19AD of the Act for the Minister to table a report on the Panel in 2015 and for the Panel to convene a meeting to discuss the report. The Determination is a legislative instrument under the Legislative Instruments Act 2003. The making of this instrument followed consultation with a wide range of stakeholders in the medical education and training field, including members of the Panel.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.