Australian Capital Territory

HEALTH PROFESSIONALS AMENDMENT REGULATION 2007 (No 2)

Explanatory Statement

Circulated with the authority of
Simon Corbell MLA
Acting Minister for Health

EXPLANATORY STATEMENT

Authority

This Regulation is authorised by section 134 of the Health Professionals Act 2004.

Outline

There are two amendments. The first amendment is to accommodate the implementation of the Competent Authority model for the registration of medical practitioners in the ACT.  The second amendment is to clarify the process for the Presidents appointment in the Nursing and Midwifery Schedules.

In respect of the first amendment, The ACT Health Professionals Regulation 2004 requires amendment to implement the Competent Authority model as part of the Council of Australian Government agreement to establish a nationally consistent assessment process for international medical graduates within the ACT. 

The wording of section 2.2 (2) (b) of Schedule 2 (the Medical Practitioners Schedule) of the Health Professionals Regulation 2004, required minor re-wording to allow the ACT Medical Board to register international medical graduates who receive advanced standing towards an Australian Medical Council (AMC) certificate using the Competent Authority model. 

In respect of the second amendment, this is necessary to allowing all seven professional members on the Board (i.e. 3 appointed and 4 elected) to be considered for appointment to the position of President, rather than only the three Health Minister appointed professional members.

Revenue/Cost Implications

There is no additional cost involved in this Regulation.

Formal Clauses

Clause 1 – Name of Regulation) – states the title of the Regulation, which is the Health Professionals Amendment Regulation 2007 (No 2).

Clause 2 – Commencement – states when the Regulation commences.  The provisions commence on the day after notification.  

Clause 3 –Legislation amended – provides that this Regulation amends the Health Professionals Regulation 2004.

Clause 4 – Schedule 2, section 2.2 (2) (b) – substitutes new wording to allow the AMC to use the Competent Authority model and certify the standard of international medical graduates who have been assessed as practicing at a suitable level by an overseas competent authority, as opposed to being requiring to undertake an AMC examination.

Clause 5 – Schedule 3, section 3.1, new definition of nurse  – inserts a new definition of nurse to mean a registered nurse or an enrolled nurse.  

Clause 6 – Schedule 3, section 3.9  – substitutes a new section for 3.9 to allow elected and appointed Board members to be considered for appointment to the position of President.

Clause 7 – Dictionary, new definition of nurse – inserts a new definition of nurse in the dictionary to refer readers to schedule 3, section 3.1.