Health Insurance Commission Amendment Regulations 2002 (No. 1)

Administered by Services Australia

Legislation au F2002B00136 Regulations Not in force Legislative Instrument

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Health Insurance Commission Amendment Regulations 2002 (No. 1) 2002 No. 142

EXPLANATORY STATEMENT

STATUTORY RULES 2002 No. 142

Issued by the Minister for Health and Ageing

Health Insurance Commission Act 1973

Health Insurance Commission Amendment Regulations 2002 (No. 1)

Section 44 of the Health Insurance Commission Act 1973 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Section 8AA of the Act provides that additional functions may be conferred on the Health Insurance Commission (the Commission) by Regulations.

The Regulations amended the Health Insurance Commission Regulations 1975 to confer on the Commission the additional function of establishing and maintaining a Register of general practitioners who may participate in the Better Outcomes in Mental Health Care initiative (the initiative).

The purpose of the Register is to enable the Commission to identify the general practitioners who may participate in the initiative, thereby assisting the Commission to fulfil its role in the administration of the initiative. Participating general practitioners will need to be accredited by the relevant accreditation body.

The relevant accreditation body for the purposes of the Regulations is the General Practitioner Mental Health Standards Collaboration (the GPMHSC). This body functions under the auspices of the Royal Australian College of General Practitioners and is made up of 10 members representing a broad range of expertise in the mental health field.

Details of the Regulations are set out in the Attachment.

The Regulations commenced on 1 July 2002.

ATTACHMENT

Details of the Health Insurance Commission Amendment Regulations 2002 (No. 1)

Regulation 1 - Name of Regulations

Specifies that the title of the regulations is the Health Insurance Commission Amendment Regulations 2002 (No. 1).

Regulation 2 - Commencement

Provides that the regulations commenced on 1 July 2002.

Regulation 3 - Amendment of Health Insurance Commission Regulations 1975

Provides that Schedule 1 amends the Health Insurance Commission Regulations 1975.

Schedule 1 - Amendments

Item [1] inserts new regulation 3T which confers on the Commission the additional function of establishing and maintaining a Register of general practitioners who may participate in the Better Outcomes in Mental Health Care initiative.

Subregulation (1) provides that it is a prescribed function of the Health Insurance Commission to establish and maintain a Register of general practitioners who may participate in the Better Outcomes in Mental Health Care initiative.

Subregulation (2) provides that the Register may be maintained in any form, including a computer record.

Subregulation (3) requires the Health Insurance Commission to enter a person's name in the Register within 14 days of receiving a written notice from the relevant accreditation body stating that the person meets the requirements for participation in the initiative. The relevant accreditation body is defined in subregulation (5).

Subregulation (4) requires the Health Insurance Commission to notify a person once he or she has been entered in the Register.

Subregulation (5) defines the terms 'general practitioner' and 'relevant accreditation body'.

 

Overview

The Health Insurance Commission Amendment Regulations 2002 (No. 1) were enacted to address a specific need within the administration of the Better Outcomes in Mental Health Care initiative. This initiative required a formal mechanism to identify and accredit general practitioners who could participate, thereby ensuring the initiative's smooth implementation and adherence to required standards. Enacted under the authority of the Health Insurance Commission Act 1973, the Regulations were made by the Minister for Health and Ageing to amend the Health Insurance Commission Regulations 1975. The primary policy objective was to enhance the administration of the mental health care initiative by enabling the Health Insurance Commission to establish and maintain a Register of participating general practitioners. This Register would facilitate the identification and accreditation of eligible general practitioners through the General Practitioner Mental Health Standards Collaboration, thereby ensuring the initiative's objectives were met effectively.

Scope and Application

The Health Insurance Commission Amendment Regulations 2002 (No. 1) amend the Health Insurance Commission Regulations 1975 to confer additional functions on the Health Insurance Commission (the Commission), specifically related to the administration of the Better Outcomes in Mental Health Care initiative. These regulations apply to the Commission, general practitioners, and the General Practitioner Mental Health Standards Collaboration (GPMHSC). They establish a Register of general practitioners who may participate in the initiative, ensuring that only those who meet the necessary requirements, as determined by the GPMHSC, can be included. The Regulations commenced on 1 July 2002 and extend across the Commonwealth of Australia, affecting all relevant parties within the jurisdiction. There are no stated exclusions or thresholds in the regulations, and they are not extended or restricted through subordinate instruments. The GPMHSC, a body under the Royal Australian College of General Practitioners, acts as the relevant accreditation body, ensuring that participating general practitioners possess the requisite expertise in mental health.

Key Provisions

The main operative sections of the Health Insurance Commission Amendment Regulations 2002 (No. 1) concern the establishment and maintenance of a Register of general practitioners who can participate in the Better Outcomes in Mental Health Care initiative (regulation 3T). These sections detail the process by which the Health Insurance Commission (the Commission) is to identify and accredit participating general practitioners, ensuring they meet the necessary requirements set by the relevant accreditation body. Regulation 3T specifies that the Register can be maintained in any form, including a computer record, and mandates that the Commission enter a person's name in the Register within 14 days of receiving written notice from the relevant accreditation body. The Regulations impose several obligations on the Health Insurance Commission. Firstly, the Commission must establish and maintain a Register of general practitioners who may participate in the Better Outcomes in Mental Health Care initiative. This involves ensuring that the Register is up-to-date and accurate, reflecting the current status of each general practitioner's participation in the initiative. Secondly, the Commission must enter a person's name in the Register within 14 days of receiving written confirmation from the relevant accreditation body, which is defined as the General Practitioner Mental Health Standards Collaboration (GPMHSC). This body is responsible for accrediting general practitioners and ensuring they meet the necessary standards for participation in the initiative. Thirdly, the Commission must notify individuals once their names have been entered in the Register. Failure to comply with the requirements of these Regulations may lead to civil or criminal consequences, although the specific penalties are not detailed in the provided text. The Regulations are designed to ensure that the Commission fulfils its role in the administration of the initiative effectively and efficiently. By establishing a formal process for accrediting and registering general practitioners, the Regulations aim to enhance the quality and consistency of mental health care provided through the initiative.

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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.