This is a severe limitation on where you can work and hence career advancement. The medical services offered in workforce shortage areas tend to be quite limited. There is not likely to be any specialty training programs in a rural town of 1000. Often, the only opportunity is to be a CMO. CMOs are career long interns. The don\'t receive any further training after internship. Even rural general practice training positions are limited for OTDs/former overseas students.
HEALTH INSURANCE ACT 1973 - SECT 19AB
Medicare benefits not payable in respect of services rendered by certain overseas trained doctors etc.
(1) Subject to subsection (3), a medicare benefit is not payable in respect of a professional service rendered by a person who is an overseas trained doctor or who is a former overseas medical student, unless:
(a) the person first became a medical practitioner before 1 January 1997; or
(b) all of the following conditions are satisfied:
(i) the person was, at a time before 1 January 1997, an overseas trained doctor;
(ii) before 1 January 1997, the Australian Medical Council received an application from the person to undertake examinations, successful completion of which would ordinarily enable the person to become a medical practitioner;
(iii) on the day the application was so received, the person was eligible to undertake those examinations under the rules of the Australian Medical Council as in force on the day the application was so received; or
(d) both of the following conditions are satisfied:
(i) the person first became a medical practitioner before the commencement of this subparagraph;
(ii) the service was rendered after the end of the period of 10 years beginning when the person first became a medical practitioner; or
(e) both of the following conditions are satisfied:
(i) the person was a permanent Australian at the time when the person first became a medical practitioner;
(ii) the service was rendered after the end of the period of 10 years beginning when the person first became a medical practitioner; or
(f) both of the following conditions are satisfied:
(i) the person became a permanent Australian after the time when the person first became a medical practitioner;
(ii) the service was rendered after the end of the period of 10 years beginning when the person became a permanent Australian.
(2) Subject to subsection (3), a medicare benefit is not payable in respect of a professional service rendered on behalf of a person who is an overseas trained doctor or who is a former overseas medical student, unless:
(a) the person first became a medical practitioner before 1 January 1997; or
(b) all of the following conditions are satisfied:
(i) the person was, at a time before 1 January 1997, an overseas trained doctor;
(ii) before 1 January 1997, the Australian Medical Council received an application from the person to undertake examinations, successful completion of which would ordinarily enable the person to become a medical practitioner;
(iii) on the day the application was so received, the person was eligible to undertake those examinations under the rules of the Australian Medical Council as in force on the day the application was so received; or
(d) both of the following conditions are satisfied:
(i) the person first became a medical practitioner before the commencement of this subparagraph;
(ii) the service was rendered after the end of the period of 10 years beginning when the person first became a medical practitioner; or
(e) both of the following conditions are satisfied:
(i) the person was a permanent Australian at the time when the person first became a medical practitioner;
(ii) the service was rendered after the end of the period of 10 years beginning when the person first became a medical practitioner; or
(f) both of the following conditions are satisfied:
(i) the person became a permanent Australian after the time when the person first became a medical practitioner;
(ii) the service was rendered after the end of the period of 10 years beginning when the person became a permanent Australian.
(3) The Minister may, by writing, grant an exemption from the operation of subsections (1) and (2) in respect of a person or a class of persons .
(4) An exemption under subsection (3) may be made subject to such conditions (if any) as the Minister thinks fit.
(4A) In exercising powers under subsection (3) or (4), the Minister must comply with guidelines determined by the Minister under subsection (4B).
(4B) The Minister must, in writing, determine guidelines that apply to the exercise of powers under subsections (3) and (4).
(4C) Without limiting subsection (4B), the guidelines may require that a person must have qualifications of a specified kind in order to qualify for an exemption.
(4D) A determination under subsection (4B) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 .
(5) If a person to whom an exemption under subsection (3) applies breaches a condition of the exemption, the exemption ceases to apply to the person at all times during which the person is in breach.
(6) Despite anything contained in subsection 488(1) of the Migration Act 1958 , the Secretary to the Department of Immigration and Multicultural Affairs may, for the purpose of:
(a) the granting of an exemption under subsection (3); or
(b) assisting the Minister or the Medicare Australia CEO to ascertain whether a condition of such an exemption has been breached;
disclose to the Minister or to an officer of the Department of Health and Family Services, or to an employee of Medicare Australia, information about the conditions on which a person has entered or remains in Australia.
(7) In this section:
\\\"former overseas medical student\\\" means a person:
(a) whose primary medical qualification was obtained from a medical school located in Australia; and
(b) who was not a permanent resident or an Australian citizen when he or she first enrolled at a medical school located in Australia.
\\\"overseas trained doctor\\\" means a person whose primary medical qualification was not obtained from a medical school located in Australia.
\\\"permanent Australian\\\" means an Australian citizen or permanent resident.
\\\"permanent resident\\\" has the same meaning as in the Migration Act 1958 .
\\\"professional service\\\" does not include a service of a kind referred to in paragraph (b), (ba) or (c) of the definition of professional service in subsection 3(1).
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10 Year Moratorium
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