Document ID: chunk:federal_register_of_legislation:F2019L00941:reg:6:p2
Version: federal_register_of_legislation:F2019L00941
Segment Type: reg
Provision Reference: reg 6 (pt 2/4)
Character Range: 12439–15572

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 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) to (e) of this instrument; and

                (ii)  any other matters the Minister considers relevant.
    8 Considerations for exemption - spouses

           (1) This section applies where an applicant is the spouse of:

             (a)  a medical practitioner who is not prevented by section 19AB of the Act from rendering, or from having rendered on their behalf, a professional service for which a Medicare benefit is payable and who ordinarily resides in Australia; or

             (b)  a person who:

                (i)  ordinarily resides in Australia;

                (ii)  has been granted a General Skilled Migration visa;

                (iii)  has been assessed by a relevant assessing authority as having a skilled occupation or a migration occupation in demand;

                (iv)  migrated to Australia within the last 10 years with the purpose to work in that occupation; and

                (v)  is currently employed in, volunteers in or is undertaking a training placement in that occupation.

         Note: Overseas trained doctors or foreign graduates of an accredited medical school who are not prevented by section 19AB of the Act from rendering, or from having rendered on their behalf, a professional service for which a Medicare benefit is payable include medical practitioners in whose respect an exemption under subsection 19AB(3) has been granted.

           (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;

             (b)  may take into account the distance between the primary place of work of the spouse of the applicant and the service location; and

    (c)  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.
9 Considerations for exemption – provision of locum services

           (1) This section applies where:

             (a)  the applicant has entered into, or has commenced negotiations to enter into, a contract of service or contract for services to provide professional services 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