EXPLANATORY STATEMENT
HEALTH INSURANCE ACT 1973
SUBSECTION 3GC(1)
INSTRUMENT OF ESTABLISHMENT 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).
Subsection 3GC(3) of the Act provides for the Minister to make determinations relating to appointment of persons to the Panel and relating to nomination of persons for such appointments.
This instrument should be read in conjunction with:
- 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; 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. That instrument of establishment also provided for selection of a deputy chairperson from the membership; for the committee to otherwise determine, regulate and conduct proceedings at its meetings as it thinks fit; form sub-committees to undertake specific tasks; to inform itself in such a manner as it thinks fit; and for the engagement of consultants on behalf of the panel.
The new instrument of establishment replaces the 1997 version. It removes the limit on the number of members, provides some standard provisions for membership of statutory bodies, and provides an alternative arrangement for deputising for the Chair.
The Instrument of Establishment of the Medical Training Review Panel No. 1 of 2010
Section 5 of the Instrument establishes the Panel and sets out matters relating to the operation of the panel.
Section 6 of the Instrument provides that there will be primary and acting members and a Chairperson. The Chairperson will be a senior executive service officer of the Department. Members are to be part time office holders.
Section 7 of the instrument specifies how a member may cease to be a member, including by resignation, ceasing to occupy a position nominated by an organisation represented on the Panel, or revocation by the organisation of the nomination of the position held by the person, or revocation by the organisation of the notification that the person holds the position.
Section 8 also provides that the Minister may terminate the appointment of a member for misbehaviour or for physical or mental incapacity.
Section 9 provides that 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
Section 10 provides that the Chairperson is to convene meetings as necessary. When the Chairperson is to be absent from a meeting or part of a meeting, he or she may nominate another Senior Executive Service officer or senior medical officer of the Department, or a member, to act as Deputy Chairperson.
Section 12 deals with the disclosure of interests. The Instrument requires members to disclose any interests that may conflict with their functions as a member of the Panel. If a conflict is considered to be material then the member must absent themselves for that item of the meeting agenda.
Under section 13, the Panel may form sub-committees to undertake specific tasks.
Section 14 provides that the Panel may inform itself, and conduct proceedings, as it thinks fit.
Section 15 provides for the Department, on behalf of the Commonwealth, to engage consultants to assist the Panel.
Commencement
The Instrument commences on the date the Minister makes the Instrument. The day on which the Instrument 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 Instrument 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 Instrument is therefore consistent with section 12 of the Legislative Instruments Act 2003.
Cessation of determination
Under section 16, the Instrument will cease to have effect from 30 June 2016.
Status of instrument under the Legislative Instruments Act 2003
The instrument of establishment 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.