Australian Capital Territory
Health (Visiting Medical Officer Core Conditions) Determination 2007 (No 2)
Notifiable instrument NI2007–171
made under the  
Health Act 1993, section 102 (Core Conditions)

1	Name of instrument
This instrument is the Health (Visiting Medical Officer Core Conditions) Determination 2007 (No 2).
2	Commencement 
This instrument commences on the day after notification. 
3	Determination
I determine that the core condition set out below will be included in service contracts (as determined under Health (Visiting Medical Officer Core Conditions) Determination 2007 (No 1)) where the VMO:

(1)	was engaged under a contract for the provision of health care for the same level and volume as the Services, to Public Patients at a Health Facility (“service contract”) commencing on or before 29 November 2003 (“old contract”); 

(2)	has provided continuous service under a service contract since that date; and

(3)	immediately prior to the date of this Agreement, was engaged under a service contract.

Transitional Allowance

(a)	The VMO will be paid no less in any financial year of this Agreement than was paid to the VMO under the terms of the VMO’s contract commencing on or before 29 November 2003 (“old contract”).

(b)	The Territory will pay to the VMO a Transitional Allowance for each financial year of this Agreement.  This Allowance will be equal to any deficit between the total amount payable under this Agreement and the payment the VMO would have received for the same level and volume of Services if payment were made under the old contract.  The Transitional Allowance will be paid only for annual service levels up to the sum of the highest annual service level provided by the VMO at Calvary Hospital in 2000/01, 2002/02 or 2002/03 and the service level provided at The Canberra Hospital in 2002/03 (“baseline level”).

(c)	The Transitional Allowance will be calculated on the basis that the VMO’s old payment rate for any given level of service remains constant at the 2002/03 rate until such time as ACT CPI increases applied to payments under this Agreement increase payments under this Agreement to a level such that no gap exists between the payments that the VMO would have received under their previous contract and the payments made under this Agreement.  At this time the Transitional Allowance will cease to exist.

(d)	If the VMO’s actual level of service at The Canberra and Calvary Hospitals in any financial year of this Agreement is less than the baseline level the Transitional Allowance will be calculated by reference to the proportion of the payment that would have been paid under the old contract for that same level of actual Services.

(e)	If the VMO’s actual level of service at The Canberra and Calvary Hospitals in any financial year is more than the baseline level, the VMO will be paid for those Services in excess of the baseline level in accordance with Item 3 (1) Schedule 1 to this Agreement. 

Katy Gallagher MLA
Minister for Health

6 June 2007