Document ID: chunk:federal_register_of_legislation:F2019L00941:reg:6:p1
Version: federal_register_of_legislation:F2019L00941
Segment Type: reg
Provision Reference: reg 6 (pt 1/4)
Character Range: 9643–12722

6  Considerations for exemptions - general

           (1) This section applies subject to sections 7 to 10.

           (2) When making a decision under subsection 19AB(3) of the Act, the Minister must take into account as a primary consideration 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.

           (3) The Minister may also take into account:

             (a)  whether the applicant's registration or licence as a medical practitioner is subject to any conditions;

             (b)  where the applicant is the holder of a visa, whether the visa entitles the applicant to work as a medical practitioner or undertake clinical training in medicine;

             (c)  whether the applicant has entered into, or has commenced negotiations to enter into, a contract of service or contract for services under which he or she will provide professional services at the service location;

             (d)  whether professional services were rendered at the service location within the last 12 months by another person:

                (i) to whom an exemption in respect of that location applied; and

                (ii)  whose provider number in respect of that location has been cancelled by the Chief Executive Medicare;

             (e)  whether the applicant will render professional services after hours at the service location;

    (f)  where:

                (i)  the applicant has commenced negotiations to enter into a contract of service or contract for services under which he or she will provide professional services at the service location, and

                (ii)  the service location is not in a Distribution Priority Area or District of Workforce Shortage in respect of the type of medical practitioner to which the application relates,

             whether the service location was in a Distribution Priority Area or District of Workforce Shortage in respect of that type of medical practitioner at the time negotiations commenced; and

             (g)  any other matters the Minister considers relevant.

           (4) For the purposes of paragraph (3)(d) of this section, reference to another person to whom an exemption in respect of the service location applied includes reference to a person who is or was a person to whom an exemption made in respect of a class of persons applied.
    7   Considerations for exemption – provision of services at Commonwealth funded Aboriginal and Torres Strait Islander primary health care service

           (1) This section applies where an applicant has entered into, or has commenced negotiations to enter into, a contract of service or contract for services under which the applicant will provide professional services at an Aboriginal and Torres Strait Islander specific primary health care service.

           (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