Document ID: chunk:federal_register_of_legislation:F2019L00941:reg:6:p3
Version: federal_register_of_legislation:F2019L00941
Segment Type: reg
Provision Reference: reg 6 (pt 3/4)
Character Range: 15322–18063

at the service location under a locum arrangement; and

             (b)  the locum arrangement is or would be for a period of not more than six months; and

             (c)  the applicant has not provided locum services at the same service location under an exemption with the condition that the exemption is for the provision of locum services at that service location.

           (2) When making a decision under subsection 19AB(3) of the Act the Minister:

             (a) must not take into account whether the service location is in a Distribution Priority Area or District of Workforce Shortage in respect of the type of medical practitioner to which the application relates; and

             (b)  may take into account:

                (i)  those matters specified in paragraphs 6(3)(a) – (e) of this instrument; and

                (ii)  any other matters the Minister considers relevant.
10 Considerations for class exemptions

           (1) This section applies to decisions to grant an exemption in respect of a class of persons.

           (2) The Minister:

             (a)  is not required to take into account whether members of the class provide, or will be providing, professional services in a Distribution Priority Area or District of Workforce Shortage; and

             (b)  may take into account any matters the Minister considers relevant.
11 Conditions

           (1) Except in special circumstances, the Minister must make an exemption subject to the condition that the exemption only applies to one service location.

           Note: Locations to which an exemption may apply include medical practices, health centres and hospitals.

           (2) Subsection (1) does not apply to an exemption granted in respect of a class of persons.

           (3) The Minister may make an exemption subject to the condition that the exemption only applies to professional services rendered after hours at the service location.

           (4) Subsections (1) and (3) do not limit the conditions to which the Minister may make an exemption subject.

           (5) In making a decision under subsection 19AB(4) of the Act, the Minister may take into account any matters the Minister considers relevant.
12 Period of exemption

           (1) An exemption:

             (a)  may not be expressed to commence on a day before the decision to grant the exemption is made; and

             (b)  may be expressed to cease on a day specified in the instrument.

           (2) Where an exemption is granted to a person who renders, or is intending to render, professional services under a locum arrangement, the exemption must be expressed to cease on a day no later than six months after the day on which it commences.