This instrument is the Health Insurance (Bonded Medical Program) Rule 2020.
3 Authority
This instrument is made under subsection 124ZT(1) of the Health Insurance Act 1973.
4 Definitions
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) Bonded Medical Program;
(b) bonded participant;
(c) course of study in medicine;
(d) general practitioner;
(e) medical practitioner;
(f) return of service obligation;
(g) specialist.
In this instrument:
Act means the Health Insurance Act 1973.
AHPRA means the Australian Health Practitioner Regulation Agency.
BRoSS means the Bonded Return of Service System which is a web portal maintained by the Department for the purposes of the Bonded Medical Program.
eligible work: see subsection 8(3).
eligible location: see section 10.
fellow means either:
(a) a fellow of the Royal Australian College of General Practitioners; or
(b) a fellow of the Australian College of Rural and Remote Medicine; or
(c) a fellow of a relevant organisation in relation to a specialty.
Note: See subsection 3D(5) of the Act for the definition of a relevant organisation.
full‑time basis: a bonded participant completes 1 week of their return of service obligation on a full‑time basis if they are engaged in eligible work for at least 35 hours or more in that week.
general registration means registration as a medical practitioner that is granted by the Medical Board of Australia to a graduate of a course of study in medicine who has successfully completed an internship.
intern has the same meaning as in subsection 19AA(5) of the Act.
internship means the period of medical work that is undertaken by an intern.
medical college means a college that is accredited by the Australian Medical Council.
MMM, with a number, means the area of that number in the Modified Monash Model, which is the geographical classification system managed by the Australian Bureau of Statistics, that categorises metropolitan, regional, rural and remote areas according to geographical remoteness and town size. There are seven different MMM areas.
Division Division 2 - Health Insurance (Bonded Medical Program) Rule 2020 - Variations to a return of service obligation | Zoe
part‑time basis: a bonded participant completes 1 week of their return of service obligation on a part‑time basis, if they are engaged in eligible work for at least 20 hours, but less than 35 hours, in that week.
per‑day basis: a bonded participant completes 1 week of their return of service obligation on a per‑day basis, if they are engaged in eligible work on two or more days with a total of at least 20 hours.
provisional registration means registration as a medical practitioner that:
(a) is granted by the Medical Board of Australia to a graduate of a course of study in medicine; and
(b) enables the graduate to complete a period of supervised practice or an internship.
vocational training means any training undertaken by a bonded participant after admission to a vocational program that leads to fellowship.
Part 2—Return of service obligation
Division 1—Completing a return of service obligation
5 Overview
For the purposes of paragraph 124ZF(2)(b) of the Act, a bonded participant must complete their return of service obligation in accordance with the requirements set out in this Division.
6 Completion of course of study
(1) This section applies to:
(a) a person who is a bonded participant for the purposes of subsection 124ZE(1) of the Act; or
(b) a person who:
(i) is a bonded participant for the purposes of subsection 124ZE(2) of the Act; and
(ii) at the time of opting in to the Bonded Medical Program, was completing their course of study in medicine.
(2) For the purposes of paragraph 124ZG(1)(a) of the Act, the bonded participant must complete their course of study in medicine at an Australian university within the period of time prescribed by the university.
Note: See section 124ZH of the Act for the consequences of breaching the condition mentioned in paragraph 124ZG(1)(a).
7 Commencement of return of service obligation
For the purposes of paragraph 124ZT(3)(b) of the Act, a bonded participant may commence their return of service obligation when both of the following requirements are satisfied:
(a) the bonded participant has received confirmation of their provisional registration from AHPRA; and
(b) the bonded participant has commenced training as an intern in eligible work.
7A Counting of weeks
For the purposes of paragraph 124ZT(3)(ba) of the Act, a week commences on a Sunday.
8 Requirements that apply to all bonded participants
(1) For the purposes of paragraph 124ZT(3)(d) of the Act, the circumstances in which work will qualify for completing a return of service obligation are that the work is eligible work.
(2) In relation to work undertaken by a BMP participant (as defined at paragraph 124ZV(1)(a) of the Act) or MRBS participant (as defined at paragraph 124ZW(1)(a) of the Act) prior to opting into the Bonded Medical Program under s 124ZU of the Act, work that was not eligible work for the purpose of the applicable scheme for that bonded participant at the time that work was conducted but would now otherwise be considered eligible work within the meaning of subsection (3) will be eligible work.
Definitions
(3) In this section:
eligible work means, in relation to a bonded participant, the rendering of a professional service to a patient in an eligible location. It includes:
(a) paid leave that is accrued from the rendering of such a professional service;
(b) outreach services in an eligible location;
(c) fly‑in/fly‑out medical services in an eligible location;
(d) aeromedical evacuation and retrieval services to patients in an eligible location;
(e) telehealth services provided from an eligible location; and
(f) on‑call services in an eligible location;
but does not include clinical research, academic teaching, medical or organisational/administrative work or paramedical work.
professional service means a service of a kind referred to in paragraph (a), (d), (e), (f) or (g) of the definition of professional service in subsection 3(1) of the Act.
Note: A professional service may include:
(a) services delivered by a bonded participant under salaried arrangements or other employment arrangements; or
(b) a service for which a Medicare benefit is not payable.
9 Requirements that apply to certain bonded participants
(1) This section is made for the purposes of paragraph 124ZT(3)(b) of the Act.
Bonded participants who have a 156 week return of service obligation
(2) A 156 week return of service obligation must be completed on a full‑time basis, a part‑time basis or a per‑day basis.
Note: If the requirements of section 14 are met, the 156 week return of service obligation may be scaled.
Bonded participants who have a 52 week return of service obligation
(4) Bonded participants who have a 52 week return of service obligation:
(a) must complete 1820 hours of eligible work in order to complete the 52 week return of service obligation; and
(b) only the first 35 hours worked per week will count towards the 1820 hours.
10 Eligible locations
(1) This section is made for the purposes of subsection 124ZT(2) of the Act.
Bonded participants who have completed their course of study
(2) If a bonded participant has completed their course of study in medicine at an Australian university and has not been admitted to vocational training, any geographic area that is classified as MMM 2, MMM 3, MMM 4, MMM 5, MMM 6 or MMM 7 is prescribed as an eligible location.
Bonded participants who are completing vocational training or have attained fellowship
(3) If a bonded participant:
(a) is completing their vocational training; or
(b) has attained their fellowship;
then, the following are prescribed as eligible locations:
(c) any geographic area that is classified as MMM 2, MMM 3, MMM 4, MMM 5, MMM 6 or MMM 7;
(d) in relation to a bonded participant who is a specialist in a speciality other than general practice—a District of Workforce Shortage in relation to that speciality;
(e) in relation to a bonded participant who is a specialist in general practice—a Distribution Priority Area.
Note: A District of Workforce Shortage or a Distribution Priority Area does not include inner metropolitan areas (see subsection 10(8)).
Eligible locations at different points in time
(4) If a person is a bonded participant for the purposes of subsection 124ZE(1) of the Act, the following are prescribed as eligible locations:
(a) a location that was prescribed as an eligible location at the time that the bonded participant entered into the Bonded Medical Program;
(b) a location that is, or becomes, an eligible location within 6 months before the bonded participant commences work at that location.
(5) If a person is a bonded participant for the purposes of subsections 124ZE(2) or (3) of the Act, the following are prescribed as eligible locations:
(a) a location prescribed as an eligible location at the time that the bonded participant opts in to the Bonded Medical Program under section 124ZU of the Act;
(b) a location that is, or becomes, an eligible location within 6 months before the bonded participant commences work at that location.
Location where a bonded participant has worked remains eligible for that participant
(6) If a bonded participant completes a period of work at an eligible location, the location will be taken to be an eligible location in relation to that bonded participant at any point in time, even if the location subsequently becomes ineligible.
Other eligible locations
(7) The Minister may, by notifiable instrument, determine any other area as an eligible location from time to time.
Definitions
(8) In this section:
Distribution Priority Area, in relation to general practice, means the following:
(a) MMM 5, MMM 6 or MMM 7 areas; or
(b) the Northern Territory; or
(c) any area where the DPA Level is less than the DPA Benchmark; or
(d) any geographic area within Australia which the Secretary is satisfied has significantly less access than the national average to medical services provided by a general practitioner;
but does not include inner metropolitan areas.
District of Workforce Shortage means a geographic area within Australia which the Secretary is satisfied has significantly less access than the national average to medical services provided by a specialist (other than a general practitioner), but does not include inner metropolitan areas.
DPA Level means the level of services provided in a particular general practitioner catchment area.
DPA Benchmark means the benchmark used for the purposes of the Health Workforce Locator that is published on the Department’s website in the year of application.
Division 2—Variations to a return of service obligation
11 Applications for an extension of time
For the purposes of subsection 124ZF(3) of the Act, a bonded participant must make an application to the Secretary as soon as practicable after the time that the bonded participant becomes aware that the bonded participant, or a member of the bonded participant’s family, has a medical condition that prevents the bonded participant from completing their return of service obligation within the 18 year period required by paragraph 124ZF(2)(a) of the Act.
Note: Under subsection 124ZF(4) of the Act, the Secretary has discretion to grant an extension. This would not normally extend the period by more than 2 years.
12 Member of a bonded participant’s family
(1) For the purposes of subparagraph 124ZT(3)(e)(i) of the Act, a member of a bonded participant’s family means:
(a) a partner, child, grandchild, parent, grandparent or sibling of the bonded participant; or
(b) a person who satisfies the following criteria:
(i) the person is a relation of the bonded participant;
(ii) the bonded participant has significant responsibility for the care of the person;
(iii) there are no family members (other than the bonded participant) who are able to provide care to the person;
(iv) the person is not on a temporary visa; and
(v) the person has not been provided with an assurance of support in relation to the grant of a visa.
Note 1: A temporary visa means a visa specified in Parts 2, 3 and 4 of Schedule 1 to the Migration Regulations 1994.
Note 2: An assurance of support, in relation to the grant of a visa, means an assurance of support under Chapter 2C of the Social Security Act 1991.
(2) For the purposes of subsection (1), the bonded participant must provide evidence that the person satisfies the requirements of subsection (1).
13 Evidential requirements for establishing a medical condition
(1) For the purposes of subparagraphs 124ZT(3)(e)(ii) and (iii), the bonded participant, or a member of the bonded participant’s family, must have a medical condition that:
(a) either:
(i) requires treatment or care for which Medicare benefits are payable under the Act; or
(ii) requires treatment or care for which pharmaceutical benefits are payable under the National Health Act 1953; or
(iii) requires treatment or care in a hospital; and
(b) is a serious illness, unless there are exceptional circumstances relating to the illness; and
(c) was not reasonably foreseeable when the bonded participant entered the Bonded Medical Program.
(2) For the purposes of subsection (1), the bonded participant must provide evidence of the relevant medical condition from the treating practitioner of the bonded participant, or the treating practitioner of the member of the bonded participant’s family, as the case may be.
(3) For the purposes of subsection (2), the evidence must meet the following requirements:
(a) the treating practitioner must:
(i) have sufficient expertise, qualifications and specialist registration to provide the medical evidence; and
(ii) state for how long they have known the bonded participant, or the member of the bonded participant’s family, as the case may be; and
(iii) state that they do not have a personal or professional relationship with the bonded participant or any potential conflicts of interest; and
(iv) state why the bonded participant cannot complete their return of service obligation within the 18 year period required by paragraph 124ZF(2)(a) of the Act;
(b) the evidence provided by the treating practitioner must be dated within 3 months from the date of the bonded participant’s application.
(4) In this section, a serious illness means:
(a) a life‑threatening illness; or
(b) an illness that could become life‑threatening if not treated; or
(c) a chronic illness or disabling condition whose treatment, or the illness itself, creates an insurmountable barrier to working in an eligible location.
14 Scaling—return of service obligation
(1) For the purposes of paragraph 124ZT(3)(c) of the Act, work by a bonded participant that satisfies this section may be scaled by counting each week of service obligation actually completed as satisfying two weeks of their return of service obligation.
(2) Work by a bonded participant satisfies this section if:
(a) the participant:
(i) is a fellow; and
(ii) has completed at least 104 weeks of their return of service obligation; and
(iii) has completed at least 104 weeks of their return of service obligation:
(A) in a geographic location classified as MMM 4, MMM 5, MMM 6 or MMM 7; and
(B) on a full‑time basis; and
(b) the work is done:
(i) in a geographical location classified as MMM 4, MMM 5, MMM 6 or MMM 7; and
(ii) on a full‑time basis.
(3) This section does not apply to a bonded participant who was a party to a deed of agreement with the Commonwealth for funding of a place in the Bonded Medical Places Scheme, which was entered into during the period beginning on 1 January 2016 and ending on 31 December 2019.
(4) In applying subparagraph 14(2)(a)(iii), ignore any reduction in the return of service obligation period for prior service in accordance with paragraphs 124ZV(2)(a) and 124ZW(2)(a) of the Act.
Division 3— Reporting obligations
15 Notifiable events
(1) For the purposes of paragraphs 124ZT(3)(a) and (g) of the Act, a bonded participant must, after a notifiable event in Column 1, report the notifiable event by entering the required information and uploading the evidence to support their report as specified in Column 2 into BRoSS.
<table cellspacing="0" cellpadding="0" style="width:100%; border-collapse:collapse"><thead><tr><td colspan="3" style="width:415.65pt; border-top:1.5pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading" style="margin-bottom:6pt"><span>Notifiable events</span></p></td></tr><tr><td style="width:26.35pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading" style="margin-bottom:6pt"><span>Item</span></p></td><td style="width:178.05pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading" style="margin-bottom:6pt"><span>Column 1 – Notifiable Event</span></p></td><td style="width:189.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading" style="margin-bottom:6pt"><span>Column 2 – Information or evidence that must be provided to the Department</span></p></td></tr></thead><tbody><tr><td style="width:26.35pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>1</span></p></td><td style="width:178.05pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>Any change in the name of the bonded participant.</span></p></td><td style="width:189.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>The bonded participant must update the relevant information on BRoSS</span></p><p class="Tabletext"><span style="font-style:italic; text-decoration:underline">Evidence to be uploaded:</span></p><p class="Tabletext"><span>Marriage certificate, name change certificate or deed poll certificate.</span></p></td></tr><tr><td style="width:26.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>2</span></p></td><td style="width:178.05pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>Any change in the primary or secondary contact details of the bonded participant, including their phone number, email address or postal address.</span></p></td><td style="width:189.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>The bonded participant must update the relevant information on BRoSS.</span></p></td></tr><tr><td style="width:26.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>3</span></p></td><td style="width:178.05pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>Any change which impacts on the completion time of a bonded participant’s course of study in medicine.</span></p></td><td style="width:189.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>The bonded participant must update the relevant information on BRoSS.</span></p></td></tr><tr><td style="width:26.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>4</span></p></td><td style="width:178.05pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>Completion of course of study in medicine.</span></p></td><td style="width:189.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>The bonded participant must update the relevant information on BRoSS and provide evidence within a year.</span></p><p class="Tabletext"><span style="font-style:italic; text-decoration:underline">Evidence to be uploaded</span><span style="font-style:italic">:</span></p><p class="Tabletext"><span>Evidence from the university, such as the testamur, that confirms completion of the course, including the following information:</span></p><p class="Tablea"><span>(a)</span><span> </span><span>name of the bonded participant;</span></p><p class="Tablea"><span>(b)</span><span> </span><span>name of the university;</span></p><p class="Tablea"><span>(c)</span><span> </span><span>name of the medical course;</span></p><p class="Tablea"><span>(d)</span><span> </span><span>date of the evidence.</span></p></td></tr><tr><td style="width:26.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>5</span></p></td><td style="width:178.05pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>Commencement of vocational training</span></p></td><td style="width:189.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>The bonded participant must update the relevant information in BRoSS.</span></p><p class="Tabletext"><span style="text-decoration:underline">Evidence to be uploaded:</span></p><p class="Tabletext"><span>Evidence from the medical college that the bonded participant has enrolled in vocational training must include the:</span></p><p class="Tablea"><span>(i)</span><span> </span><span>date of commencement of vocational training;</span></p><p class="Tablea"><span>(ii)</span><span> </span><span>anticipated date of completion;</span></p><p class="Tablea"><span>(iii) name of the medical college;</span></p><p class="Tablea"><span>(iv) type of specialisation;</span></p></td></tr><tr><td style="width:26.35pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>6</span></p></td><td style="width:178.05pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>Attainment of medical specialisation</span></p></td><td style="width:189.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>The bonded participant must update the relevant information in BRoSS and provide official documentation that confirms the date of attainment.</span></p></td></tr></tbody></table>
16 Return of service obligation plan reporting requirements
(1) For the purposes of subparagraphs 124ZT(3)(a) and (g) of the Act, a bonded participant must, within the timeframes in Column 1, enter the information and upload the evidence in Column 2 into BRoSS.
<table cellspacing="0" cellpadding="0" style="width:100%; border-collapse:collapse"><thead><tr><td colspan="3" style="width:415.65pt; border-top:1.5pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading" style="margin-bottom:6pt"><span>Return of service obligation plan</span></p></td></tr><tr><td style="width:26.35pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading" style="margin-bottom:6pt"><span>Item</span></p></td><td style="width:161.35pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading" style="margin-bottom:6pt"><span>Column 1 </span><span>‑</span><span> Timeframe</span></p></td><td style="width:206.55pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading" style="margin-bottom:6pt"><span>Column 2 </span><span>‑</span><span> Action</span></p></td></tr></thead><tbody><tr style="height:35.15pt"><td style="width:26.35pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>1</span></p></td><td style="width:161.35pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tablea"><span>(a)</span><span> </span><span>In relation to a person who is a bonded participant for the purposes of subsection 124ZE(1) of the Act—after the completion date of the bonded participant’s course of study in medicine.</span></p><p class="Tablea"><span>(b)</span><span> </span><span>In relation to a person who is a bonded participant for the purposes of subsections 124ZE(2) or (3) of the Act—after opting in to the Bonded Medical Program.</span></p></td><td style="width:206.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>The bonded participant must register a return of service obligation plan.</span></p></td></tr><tr style="height:35.15pt"><td style="width:26.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>2</span></p></td><td style="width:161.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>After commencing eligible work</span></p></td><td style="width:206.55pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>The bonded participant must advise the department of the eligible location and start date of their return of service obligation plan through BRoSS.</span></p><p class="Tabletext"><span style="font-style:italic; text-decoration:underline">Evidence to be uploaded:</span></p><p class="Tabletext"><span>Evidence of either a signed contract or a signed letter of agreement from the bonded participant’s employer or a statutory declaration from the bonded participant that confirms an eligible location has been selected</span></p></td></tr><tr style="height:35.15pt"><td style="width:26.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>3</span></p></td><td style="width:161.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>Within a year after a bonded participant changing the terms of work.</span></p></td><td style="width:206.55pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>The bonded participant must:</span></p><p class="Tablea"><span>(a)</span><span> </span><span>update their registered return of service plan;</span></p><p class="Tablea"><span>(b)</span><span> </span><span>upload the evidence specified below.</span></p><p class="Tabletext"><span style="font-style:italic; text-decoration:underline">Evidence to be uploaded</span><span style="font-style:italic">:</span></p><p class="Tabletext"><span>Evidence from the bonded participant’s employer or a statutory declaration detailing any changes to the bonded participant’s terms of work.</span></p></td></tr><tr style="height:35.15pt"><td style="width:26.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>4</span></p></td><td style="width:161.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>Within a year of a bonded participant completing work at an eligible location.</span></p></td><td style="width:206.55pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>The bonded participant must provide relevant information to confirm they have completed their work at an eligible location in accordance with their registered return of service plan and provide evidence to support completion of their work.</span></p><p class="Tabletext"><a id="_Hlk215071782"><span>Evidence must be in the form of a statutory declaration or signed letter from employer that confirms eligible work has been completed. The evidence must be dated after the end date of the eligible work it evidences and include the following details:</span></a></p><p class="Tablea"><span>(a)</span><span> </span><span>Bonded participant name</span></p><p class="Tablea"><span>(b)</span><span> </span><span>Position</span></p><p class="Tablea"><span>(c)</span><span> </span><span>Employer</span></p><p class="Tablea"><span>(d)</span><span> </span><span>Start and end dates</span></p><p class="Tablea"><span>(e)</span><span> </span><span>Locations worked</span></p><p class="Tablea"><span>(f)</span><span> </span><span>Hours worked</span></p></td></tr><tr style="height:35.15pt"><td style="width:26.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>5</span></p></td><td style="width:161.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>The bonded participant completed their course of study in medicine 10 years ago but has not completed their return of service obligation</span></p></td><td style="width:206.55pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>The bonded participant must enter a return of service plan in BRoSS that demonstrates that they will complete their return of service obligation within the period allowed.</span></p></td></tr><tr style="height:35.15pt"><td style="width:26.35pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>6</span></p></td><td style="width:161.35pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>Annually from the date at item 5</span></p></td><td style="width:206.55pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>The bonded participant must enter a return of service plan that demonstrates that they will complete their return of service obligation within the period allowed.</span></p></td></tr></tbody></table>
Part 3—Repayment obligations
17 Repayment of payments
(1) This section is made for the purposes of sections 124ZH and 124ZQ of the Act.
Bonded participants covered by subsection 124ZE(1) or (2) of the Act
(2) For the purposes of subparagraphs 124ZH(2)(a)(i) and 124ZQ(1)(a)(i) of the Act, the amount to be repaid is calculated by using the formula:
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where:
incomplete return of service obligation means the number of weeks of a bonded participant’s return of service obligation that are incomplete at the time that the bonded participant breaches the condition mentioned in paragraph 124ZG(1)(a) or (c), or withdraws from the Bonded Medical Program, as the case may be.
total return of service obligation means the total number of weeks of a bonded participant’s return of service obligation.
total repayment amount means the Commonwealth contribution amount for a place in medicine for each year of study completed, and for any parts of a year commenced, but not completed.
Note: Commonwealth contribution amount has the meaning given in section 33‑10 of the Higher Education Support Act 2003.
Bonded participants covered by subsection 124ZE(3) of the Act
(3) For the purposes of subparagraphs 124ZH(2)(b)(i) and 124ZQ(1)(b)(i) of the Act, the amount to be repaid is calculated by using the formula:
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where:
incomplete return of service obligation means the number of months of a bonded participant’s return of service obligation that are incomplete at the time that the bonded participant breaches the condition mentioned in paragraph 124ZG(1)(a) or (c), or withdraws from the Bonded Medical Program, as the case may be.
total return of service obligation means the total number of months of a bonded participant’s return of service obligation.
total repayment amount means the total cost of the Commonwealth funded scholarship provided to the bonded participant.
18 Interest payable on overdue payments
(1) This section is made for the purposes of paragraph 124ZT(3)(f) and subsection 124ZQ(1) of the Act and applies if:
(a) an amount (the principal sum) is recoverable as a debt due to the Commonwealth from a person or estate under sections 124ZH or 124ZQ of the Act; and
(b) the Commonwealth has served an invoice on the person or estate (as the case requires) claiming the principal sum as a debt due to the Commonwealth.
Interest payable
(2) Interest is payable on the amount of the principal sum that remains unpaid from time to time.
(3) Interest under subsection (2) is payable from the day after the due date of the invoice.
(4) Interest under subsection (2):
(a) is payable at a rate of 15% per annum; and
(b) is calculated on a daily basis; and
(c) is not compounded; and
(d) is recoverable as a debt due to the Commonwealth from the person or estate.
Part 4—Transitional provisions
19 Reporting obligations
(1) For this section, a relevant provision is a provision of this rule that requires information or evidence to be provided through the Department’s web portal.
(2) A bonded participant is not required to comply with a relevant provision unless a notice has been published for the purposes of this section on the Department’s website stating that the elements of the Department’s web portal required for a bonded participant to comply with the relevant provision are functional.
(3) For this section, the date of publication of the notice mentioned in subsection (2) is the notice date for the relevant provision.
(4) For the purposes of section 15, where a notifiable event occurred before the notice date for the relevant provision, the bonded participant is taken to comply with the provision if the information or evidence is uploaded within 6 months after the notice date.
(5) For the purposes of column 1, items 1 to 3 of the table in subsection 16(1), where the event to be reported occurred before the notice date for the relevant provision, the bonded participant is taken to comply with the provision if the information or evidence is uploaded within 3 months after the notice date.
(6) For the purposes of column 1, item 4(a) of the table in subsection 16(1), where a bonded participant completed their course of study in medicine before the notice date for the relevant provision, the bonded participant is taken to comply with the provision if the information or evidence is uploaded every 6 months from the notice date.
(7) For the purposes of column 1, item 4(b) of the table in subsection 16(1), where a bonded participant opted in to the Bonded Medical Program before the notice date for the relevant provision, the bonded participant is taken to comply with the provision if the information or evidence is uploaded every 6 months from the notice date.
(8) This section ceases to operate on 30 June 2022.
Part 5—Waiver of requirements
20 Decision to waive requirements of the Rules
(1) The Secretary may decide to deem certain work to be eligible work in relation to an affected person if the Secretary is satisfied it is reasonable to do so in relation to an affected person.
(2) For the purposes of this Part, a person is an affected person if the person:
(a) is or was a bonded participant; and
(b) the affected person completes work on the basis that the Department has erroneously advised the affected person that such work would be eligible work.
(3) An affected person may apply to the Secretary for work to be deemed as eligible work in relation to the affected person. The application must:
(a) be made in writing; and
(b) set out the circumstances that apply in relation to the affected person; and
(c) set out how and when the affected person realised there was an error; and
(d) be accompanied by written evidence of the error caused by the Department.
(4) If an affected person makes an application under subsection (3), the Secretary must make a decision under subsection (1) whether or not to deem any or all of the work that is the subject of the application to be eligible work in relation to the affected person.
(4) If the Secretary makes a decision under subsection (1) that work is deemed to be eligible work in relation to an affected person, the Secretary must give the affected person written notice of which work is eligible work for the affected person.
(5) If the Secretary makes a decision under subsection (1) that work is not eligible work in relation to the affected person, the decision under subsection (1) in relation to the affected person, the Secretary must give the applicant written notice of the following:
(a) the decision to refuse to make the determination;
(b) the reasons for the decision;
(c) how the applicant may apply for review of the decision.
(6) A decision under subsection (1) may be initiated by the Secretary, without an application by an affected person.
21 Secretary may request further information
(1) If:
(a) a person makes an application under subsection 20(3); and
(b) the Secretary needs further information to make a decision on the application;
the Secretary may, by written notice, request the person to give further information to the Secretary within a specified period.
(2) The specified period must not be shorter than 28 days after the notice is given.
(3) The Secretary may, at the person’s request, extend the specified period. The request must be made in writing and before that period ends.
(4) If the person does not give the requested further information within:
(a) in a case in which the specified period has been extended under subsection (3)—the period as so extended; or
(b) otherwise—the specified period;
the application is taken to be withdrawn at the end of the period.
(5) A notice given under subsection (1) must set out the effect of subsection (4).
22 Initiation of waiver of requirements by Secretary
The Secretary may decide to deem certain work to be eligible work in relation to an affected person if the Secretary is satisfied it is reasonable to do so.