Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

HEALTH INSURANCE ACT 1973 - SECT 124ZUA

Extended compliance determination for certain BMP and MRBS participants

  (1)   If:

  (a)   a person is:

  (i)   a party to a deed of agreement with the Commonwealth (as represented by the Department) for funding of a place in the Bonded Medical Places Scheme, including a deed of agreement as varied; or

  (ii)   a party to a contract with the Commonwealth (as represented by the Department) for a Medical Rural Bonded Scholarship, including a contract as varied; and

  (b)   the person meets the requirements specified in the Bonded Medical Program rules;

the person may apply to the Secretary for a determination (the extended compliance determination ) that, if the person were to become a bonded participant, the person would be required to complete their return of service obligation within a period that is longer than the RoSO compliance period.

  (2)   The application must:

  (a)   be made in writing; and

  (b)   be made before the person advises the Department of the matters mentioned in subsection   124ZU(2); and

  (c)   be made within any period specified in the Bonded Medical Program rules that applies in relation to the person; and

  (d)   specify a period within which the person would be able to complete their return of service obligation (which must not be a period that would be more than 6 years longer than the RoSO compliance period); and

  (e)   be accompanied by a written plan that sets out:

  (i)   how the person proposes to complete their return of service obligation within the period specified under paragraph   (d); and

  (ii)   any other matters specified in the Bonded Medical Program rules; and

  (f)   be accompanied by any other documents specified in the Bonded Medical Program rules; and

  (g)   set out any other information specified in the Bonded Medical Program rules.

  (3)   If the person makes an application under subsection   (1), the Secretary may make the extended compliance determination in relation to the person if the Secretary is satisfied that:

  (a)   the person is a person of kind mentioned in subparagraph   (1)(a)(i) or (ii); and

  (b)   the person meets the requirements specified in the Bonded Medical Program rules for the purposes of paragraph   (1)(b); and

  (c)   if the person were to become a bonded participant, the plan referred to in paragraph   (2)(e) sets out a reasonable proposal for the completion of their return of service obligation within a period that is longer than the RoSO compliance period.

  (4)   If the Secretary makes the extended compliance determination in relation to the person, the Secretary must:

  (a)   give the person written notice of the determination; and

  (b)   specify in the notice the period within which the person would, if the person were to become a bonded participant, be required to complete their return of service obligation.

  (5)   The period specified under paragraph   (4)(b):

  (a)   must not be a period that would be more than 6 years longer than the RoSO compliance period; and

  (b)   may be the same as, or different from, the period specified in the application.

  (6)   If the Secretary refuses to make the extended compliance determination in relation to the person, the Secretary must give the person written notice of the following:

  (a)   the decision to refuse to make the determination;

  (b)   the reasons for the decision;

  (c)   how the person may apply for review of the decision.


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback