Instrument of Establishment of the Medical Training Review Panel No. 1 of 2010

Administered by Department of Health, Disability and Ageing

Legislation au F2010L01418 Not in force Legislative Instrument

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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.

 

 

Overview

The Health Insurance Act 1973, enacted by the Parliament of Australia, was introduced to establish a framework for health insurance and medical training in the country. One of the Act's key provisions is the establishment of the Medical Training Review Panel, which assesses and reviews the quality and standards of medical training programs. The 2010 instrument of establishment for the Panel was introduced to update and replace the 1997 version, removing the limit on the number of members, providing standard provisions for membership of statutory bodies, and introducing alternative arrangements for deputising for the Chair. The instrument also includes provisions for the appointment and nomination of members, their roles and responsibilities, and the engagement of consultants to assist the Panel. The instrument of establishment is a legislative instrument for the purposes of the Legislative Instruments Act 2003, and was developed following extensive consultation with stakeholders in the medical education and training field.

Scope and Application

The Health Insurance Act 1973 applies to the establishment and operation of the Medical Training Review Panel, which is responsible for reviewing and advising on the quality and standards of medical education and training in Australia. The Act applies to the Minister of Health, the Panel members, and other relevant entities involved in medical training. The Panel's jurisdiction covers the entire nation, with its recommendations and reviews impacting the medical education and training sectors across Australia. The Panel's operation is further detailed and regulated by the Instrument of Establishment of the Medical Training Review Panel No. 1 of 2010, which includes provisions for membership, operations, and sub-committees. This instrument, in turn, is complemented by determinations regarding the appointment and nomination of Panel members. The Panel's activities are not affected by vacancies among its members, and it has the authority to engage consultants as needed. The instrument is set to cease its effect on 30 June 2016, and its commencement aligns with the provisions of the Legislative Instruments Act 2003, ensuring that it does not adversely affect any existing rights or impose liabilities retroactively.

Key Provisions

The primary operative sections of the Instrument of Establishment of the Medical Training Review Panel No. 1 of 2010 (the Instrument) establish the Panel and outline its operational procedures, as stated in section 5. The Instrument also specifies the categories of members, including primary and acting members and a Chairperson, as detailed in section 6. Section 7 delineates the circumstances under which a member may cease to be a member, such as resignation or revocation of nomination by the nominating organisation. Additionally, section 8 allows the Minister to terminate a member's appointment for misbehaviour or physical or mental incapacity. Section 9 ensures that the Panel's functions are not hindered by vacancies, while section 10 mandates that the Chairperson convene meetings as necessary and can appoint a Deputy Chairperson when absent. The Instrument further provides for the formation of sub-committees (section 13), the conduct of proceedings (section 14), and the engagement of consultants by the Department (section 15). The obligations imposed by the Instrument on the parties and entities it governs include the requirement for members to disclose any interests that may conflict with their functions, as outlined in section 12. If a conflict is deemed material, the member must abstain from the relevant meeting agenda item. Furthermore, the Chairperson is responsible for convening meetings and can appoint a Deputy Chairperson when necessary, as stipulated in section 10. The Instrument also mandates the engagement of consultants by the Department to assist the Panel, as provided in section 15. The Instrument does not explicitly outline offences, penalties, or consequences for breaches within its text. However, the authority to terminate a member's appointment for misbehaviour or physical or mental incapacity (section 8) suggests a potential consequence for non-compliance with expected standards of conduct or capability. While the text does not specify maximum penalties for such breaches, they would likely be determined by other relevant legislation or administrative guidelines. The cessation of the Instrument's effect from 30 June 2016 (section 16) also implies that any ongoing obligations must be completed by that date, with potential implications for any unaddressed issues or responsibilities.

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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.