Health Insurance Amendment (General Practitioners) Regulations 2020
I, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.
David Hurley
Governor‑General
By His Excellency’s Command
Greg Hunt
Minister for Health
Contents
2 Commencement
3 Authority
4 Schedules
Schedule 1—Amendments
Part 1—Initial amendments
Health Insurance Regulations 2018
Part 2—Later amendments
Health Insurance Regulations 2018
This instrument is the Health Insurance Amendment (General Practitioners) Regulations 2020.
(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
This instrument is made under the Health Insurance Act 1973.
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Health Insurance Regulations 2018
1 Section 4
Repeal the following definitions:
(a) definition of predominantly general practice;
(b) definition of quarter.
2 Subdivision B of Division 5 of Part 2
Repeal the Subdivision, substitute:
Subdivision B—Vocationally registered general practitioners
19 ACRRM may give notice about applicant’s eligibility for vocational registration
The ACRRM is specified for the purposes of paragraph 3F(6)(b) of the Act (about bodies that may give the Chief Executive Medicare notice about an applicant being eligible for registration on the Vocational Register of General Practitioners).
19A Eligibility for vocational registration
For the purposes of subsection 3F(6) of the Act, a medical practitioner whose name has been removed from the Vocational Register of General Practitioners is eligible for registration under section 3F of the Act if:
(a) the practitioner holds general registration in the medical profession (and is not registered in the specialty of general practice) under the National Law; and
(b) the practitioner met the continuing professional development requirements of the RACGP or the ACRRM for the 2017‑2019 triennium.
20 Notice if professional body does not consider applicant eligible for vocational registration
(1) This section applies if one of the following (the professional body) declines to give the Chief Executive Medicare written notice under subsection 3F(6) of the Act in relation to an applicant for registration under section 3F of the Act:
(a) the RACGP;
(b) the ACRRM.
(2) The professional body must give the Chief Executive Medicare written notice that it so declines.
(3) If the Chief Executive Medicare receives a notice under subsection (2) in relation to an applicant, the Chief Executive Medicare must give the applicant written notice that such a notice has been received.
The ACRRM and the Medical Board of Australia are each specified for the purposes of paragraph 3G(1)(b) of the Act (about bodies that may give the Chief Executive Medicare notice about a requirement to remove a medical practitioner’s name from the Vocational Register of General Practitioners).
21A Requirement for removal from Vocational Register of General Practitioners
For the purposes of paragraphs 3G(1)(b) and (c) of the Act, a medical practitioner’s name must be removed from the Vocational Register of General Practitioners if:
(a) the practitioner ceases to hold general registration in the medical profession (and is not registered in the specialty of general practice) under the National Law; or
(b) if the medical practitioner’s name was last entered on the Vocational Register of General Practitioners because the RACGP gave the Chief Executive Medicare notice for the purposes of subsection 3F(6) of the Act—the RACGP was later satisfied that the practitioner did not meet the continuing professional development requirements of the RACGP for the 2017‑2019 triennium; or
(c) if the medical practitioner’s name was last entered on the Vocational Register of General Practitioners because the ACRRM gave the Chief Executive Medicare notice for the purposes of subsection 3F(6) of the Act—the ACRRM was later satisfied that the practitioner did not meet the continuing professional development requirements of the ACRRM for the 2017‑2019 triennium.
3 Part 12 (heading)
Repeal the heading, substitute:
Part 12—Application, saving and transitional provisions
4 In the appropriate position in Part 12
Insert:
104 Application of section 21A
Section 21A applies to the removal of names of medical practitioners from the Vocational Register of General Practitioners on and after the commencement of that section, whether their names were entered in the Vocational Register at any time before that commencement, or on or after that commencement.
Health Insurance Regulations 2018
5 Section 4
Repeal the following definitions:
(a) definition of accredited training;
(b) definition of ACRRM;
(c) definition of authorised officer.
6 Division 5 of Part 2
Repeal the Division, substitute:
Division 5—General practitioners
16 Medical practitioners who were on Vocational Register of General Practitioners
(1) This section prescribes a kind of medical practitioner for the purposes of paragraph (b) of the definition of general practitioner in subsection 3(1) of the Act.
Note: Medical practitioners of that kind are general practitioners as defined by that subsection.
(2) The kind is a medical practitioner for whom the following conditions are met:
(a) the practitioner holds general registration in the medical profession (and is not registered in the specialty of general practice) under the National Law;
(b) immediately before the commencement of Schedule 1 to the Health Insurance Amendment (General Practitioners and Quality Assurance) Act 2020:
(i) the practitioner held general registration in the medical profession (and was not registered in the specialty of general practice) under the National Law; and
(ii) the practitioner’s name was entered in the Vocational Register of General Practitioners.
7 Paragraph 27(b)
Repeal the paragraph.
8 Paragraph 27(c)
Omit “practitioner; or”, substitute “practitioner.”.
9 Paragraphs 27(d) and (e)
Repeal the paragraphs.
10 Subsection 63(1) (note 1)
Repeal the note.
11 Subsection 63(1) (note 2)
Omit “Note 2”, substitute “Note”.
12 Division 2 of Part 12
Repeal the Division.