DRAFT CONTRACT
between the
COMMONWEALTH OF AUSTRALIA
as represented by the Department of Health
and
<GIVEN NAME>> <<MIDDLE NAME>> <<FAMILY NAME>>
for
A MEDICAL RURAL BONDED SCHOLARSHIP
2015 COHORT
December 2015
THIS CONTRACT is made on ______________________________
[date to be inserted by the Commonwealth when Contract is executed by the Commonwealth]
BETWEEN
THE COMMONWEALTH OF AUSTRALIA as represented by the Department of
Health (“the Commonwealth”) ABN: 83 605 426 759
AND
…………………………………… (“You”, “Your”)
BACKGROUND
A.
The Commonwealth is funding a programme, the Medical Rural Bonded Scholarship
Scheme (“the Scholarship Scheme”), to provide a number of first year places at
universities in Australia which provide courses in graduate and undergraduate medical
education and training, and an equal number of linked scholarships, called the Medical
Rural Bonded Scholarships to enable students to take up those places.
B.
The objective of the Scholarship Scheme is to secure the services of Medical
Practitioners with qualifications to Fellowship level in Rural or Remote Areas of
Australia, and the scholarships have conditions attached to them designed to achieve
that objective.
C.
You have applied for one of the Medical Rural Bonded Scholarships, and have received
information about the Scholarship Scheme, the conditions attached to the scholarships,
and the consequences if You do not comply with the conditions. You acknowledge that
You have also been advised to seek independent legal advice on the Scholarship
Scheme, the conditions attached to the scholarships and the consequences if You do not
comply with the conditions.
D.
One of the conditions of accepting a scholarship is that following successful completion
of training to Fellowship level You must Work for 6 years as a Medical Practitioner in
a Rural or Remote Area of Australia less any credit obtained through Scaling.
E.
Scholarships are tied to the university places made available under the Scholarship
Scheme. Withdrawal from the Scholarship Scheme will mean that You forfeit Your
medical school place. Without a medical school place You will no longer be able to
participate in the Medical Course that You have enrolled in and consequently You will
have withdrawn from the Scholarship Scheme.
F.
This Contract is a ‘contract’ for the purposes of section 19ABA of the Health Insurance
Act 1973, and therefore a breach of certain conditions of this Contract may incur a
12-year restriction on the use of Your Medicare provider number, post medical
registration, during which Medicare benefits will not be payable in respect of a
Professional Service rendered by You or on Your behalf during this period.
G.
Following assessment of Your application by the University, You have been selected to
receive an offer of a scholarship.
OPERATIVE PART OF CONTRACT
1.
INTERPRETATION
1.1
Definitions:
Australian Specialist Training Course means a course of study, the
satisfactory completion of which confers (or leads directly to the conferral of), a
qualification awarded by a medical college located in Australia and listed on the
Department’s website, or made publicly available by any other means that the
Department determines is appropriate (a list of current Medical Colleges is
included for Your information at Attachment A);
Business Day means (a) for receiving a notice under clause 11, a day that is not
a Saturday, Sunday, public holiday or bank holiday in the place where the notice
is received; and (b) for all other purposes, any day that is not a Saturday or
Sunday or a national public holiday;
Census Date has the meaning given under Schedule 1of the Higher Education
Support Act 2003;
Commonwealth means the Commonwealth of Australia;
Commonwealth Supported Medical Course means a course of study, the
successful completion of which would allow provisional registration as a
medical practitioner by an authority of:
(a) a State or Territory of the Commonwealth; or
(b) the Commonwealth; and
in which You undertake, or apply to undertake, one or more units of study:
(c) as a Commonwealth Supported Student; or
(d) with the intention of being a Commonwealth Supported Student;
Commonwealth Supported Student has the meaning as given under section
36-5 of the Higher Education Support Act 2003;
Continuous Service means a period of service where You Work not less than
9 months of each calendar year until You complete Your Return of Service
Period obligations;
Contract means this agreement including all schedules and attachments, as
amended from time to time;
Country-resident Medical Student means a student who has lived in a Rural
or Remote Area for at least 5 out of the 12 years immediately preceding
1 January of the year in which the student commences the Medical Course.
If You come within this definition this is recorded in Item C of the Schedule;
Deed of Ratification means the Deed of Ratification referred to in
clause 12.2(b);
Department means the Department of Health or such other department or
agency which assumes the role of the Department of Health under this Contract;
Department of Human Services means the department of state or such other
agency which is from time to time responsible for the administration of
Medicare;
Exceptional Circumstances means any circumstances beyond Your control,
which were not reasonably foreseeable by You at the time You entered into the
Contract and which prevents You from meeting an obligation or obligations
under the Contract including, but not limited to, illness or temporary or
permanent incapacity;
Fellowship means fellow of a medical college that is specified by the
Department from time to time and published on the Department’s website, or
made publicly available by any other means that the Department determines is
appropriate and You have had the Fellowship formally recognised and written
notification of this recognition has been provided by the Department of Human
Services to the Department. (A list of current medical colleges is included for
Your information at Attachment A);
General Practitioner or GP has the same meaning as in subsection 3(1) of the
Health Insurance Act 1973;
Geographical Classification System or GCS means the Department’s system
of (including developing criteria for) classifying geographic areas within
Australia as:
(i)
Major Cities of Australia;
(ii)
Inner Regional Australia;
(iii)
Outer Regional Australia;
(iv)
Remote Australia; and
(v)
Very Remote Australia,
as amended from time to time, at the following time or respective times:
(a)
when You commence Work in a Rural or Remote Area; and
(b)
if You move locations once You have commenced Your Return of
Service Period at the time You commence Work at that location,
and published on the Department’s website, or made publicly available by any
other means that the Department determines is appropriate.
Note:
The Geographical Classification System may change over time or be
replaced with an alternative system at any time by the Department due
to a change in government, a change in policy or for other reasons due
to the administration of government or the Scholarship Scheme;
Interest on a daily compounding basis at the 90 day bank-accepted bill rate
(available from the Reserve Bank of Australia) less 10 basis points;
Medical Course or Course means the course of study, for which a place is
provided for You under the Scholarship Scheme and undertaken through a
University, referred to in Item A of the Schedule. The University may, at its
own discretion, change the title of the Medical Course during Your Period of
Study. If this occurs, the Parties will consider the Contract amended to reflect
this change in title;
Medical Practitioner means a person registered as a medical practitioner under
a law of a State or Territory that provides for the registration of medical
practitioners;
Minister means the Minister responsible for the administration of the Health
Insurance Act 1973, or a person authorised in writing by the Minister for the
purposes of this Contract;
Period of Study means:
(a)
the number of years of the Medical Course (not including periods of
deferral or academic years of study required to be repeated for any
reason); or
(b)
in the case of a Medical Course that leads to the award of more than one
degree (e.g. a combined degree), the number of years it would take to
complete a single medical degree at Your University (not including any
periods of deferral or academic years of study required to be repeated for
any reason);
and is referred to in Item B of the Schedule.
Professional Service has the same meaning as in the Health Insurance Act
1973;
Return of Service Period means a period of 6 consecutive years that You must
Work as a Medical Practitioner in a Rural or Remote Area less any credit
obtained through Scaling;
Rural or Remote Area means, at any time:
(a)
any areas of Australia classified at that time as Inner Regional Australia,
Outer Regional Australia, Remote Australia or Very Remote Australia
under the then current Geographical Classification System (GCS); and
(b)
any other area determined by the Minister from time to time as being a
Rural or Remote Area.
For the purpose of this Scholarship Scheme, if You Work for the Royal Flying
Doctor Service (RFDS) You will be considered to be Working in a Rural or
Remote Area;
Scaling means the credit You obtain by Working in a Rural or Remote Area
during Your Return of Service Period. Scaling will be applied monthly once
You have attained Fellowship, commenced Your Return of Service Period, and
met a total value of Medicare claims threshold for the month. The total time
credited in days is deducted from the end date of Your Return of Service Period
according to the following Scaling discount rates:
Table 1: Geographical Classifications
Classification of geographic
area under the GCS
Scaling % discount
Inner Regional Australia
10%
Outer Regional Australia
30%
Remote Australia
40%
Very Remote Australia
50%
Scholarship is the financial assistance provided to You, under the Scholarship
Scheme and evidenced by the Scholarship Amount, to help pay for the costs of
undertaking the Medical Course;
Scholarship Amount means a maximum of $26,310.00 in each year of the
Period of Study in which You undertake the Medical Course indexed in July of
each year in accordance with the Commonwealth Treasury’s Wage Cost Index 1
(excluding impact of A New Tax System (ANTS) package) or its replacement;
Scholarship Scheme means the scheme under which the Scholarship Amounts
are agreed to be made available to You in accordance with the terms and
conditions of this Contract;
Second Year of Study means
(a) the second year of the Medical Course curriculum; or
(b) a first repeat of the first year of the Medical Course curriculum;
Specialist has the same meaning as in subsection 3(1) of the Health Insurance
Act 1973;
Twenty Hours Per Week means a minimum of 20 hours of Professional
Services or 20 hours of salaried Work, or any combination of both, for a
minimum of 20 hours, that You provide each week;
University means a university in Australia through which You undertake the
Medical Course and is referred to in Item A of the Schedule;
Vocational Training means any training undertaken by You after admission to
a vocational programme leading to Fellowship; and
Work means a Medical Practitioner working as a General Practitioner or
Specialist but only during the Return of Service Period.
1.2
In this Contract, unless the contrary intention appears:
(a)
words importing a gender include any other gender;
(b)
words in the singular include the plural and words in the plural include the
singular;
(c)
clause headings are inserted for convenient reference only and have no effect in
limiting or extending the language of provisions to which they refer;
(d)
all references to dollars are to Australian dollars;
(e)
reference to any statute or other legislation (whether primary or subordinate) is
to a statute or other legislation of the Commonwealth of Australia as amended
or replaced from time to time;
(f)
a reference to the word ‘including’ in any form is not to be construed or
interpreted as a word of limitation;
(g)
where any word or phrase is given a defined meaning, any other part of speech
or other grammatical form in respect of that word or phrase has a corresponding
meaning; and
(h)
the Schedule and any attachments form part of this Contract and where any
conflict arises between the terms and conditions contained in the clauses of this
Contract and any part of the Schedule (and attachments if any), the terms and
conditions of the clauses prevail to the extent of the inconsistency.
2.
OBLIGATIONS OF THE COMMONWEALTH TO YOU
2.1
Subject to appropriation by the Parliament, the Commonwealth will pay You the
Scholarship Amount at the times and in the manner set out in Item E of the Schedule.
2.2
The total amount payable under this Contract will not exceed the sum of the
Scholarship Amounts payable for the number of years of the Period of Study.
APPLICATION OF SCALING
2.3
If You commence Work in a Rural or Remote Area that is reclassified as a different
geographic area under the GCS You will receive the Scaling discount applicable
(if any) to the reclassified GCS area.
2.4
If You Work in more than one Rural or Remote Area in a month, the Scaling discount
which will be applied is the rate of that Rural or Remote Area where the most
Medicare billing has occurred for Professional Services or the most hours undertaken
for salaried Work in that month, whichever is greater.
2.5
Scaling does not apply to any periods of Vocational Training or during any period
between the time You gain Fellowship and the time You commence Your Return of
Service Period.
2.6
For the avoidance of doubt, any amount to be repaid to the Commonwealth pursuant
to clause 5.4, 5.5, 5.6, 5.7 or 5.8 cannot be reduced through the application of Scaling.
3.
YOUR OBLIGATIONS TO THE COMMONWEALTH
3.1
You agree:
(a)
to complete the Medical Course, any internship or other training which entitles
You to be registered as a Medical Practitioner and become a registered Medical
Practitioner within 10 years of the first Census Date of Your first year of the
Medical Course, (excluding any period of deferral under clause 3.2);
(b)
to obtain Fellowship within 16 years of the first Census Date of Your first year
of the Medical Course (excluding any period of deferral under clause 3.2) (You
need to carefully consider Your choice of Fellowship having regard to Your
obligations under this Contract);
(c)
to commence Work in a Rural or Remote Area within 12 months of obtaining
Fellowship (excluding any period of deferral under clause 3.2);
(d)
subject to clause 3.2, to Work in an applicable Rural or Remote Area for the
Return of Service Period on the following basis:
(i) You must Work for not less than 9 months of each full calendar year in the
Return of Service Period;
(ii) in any month in the Return of Service Period in which You Work, You
must Work for at least Twenty Hours Per Week;
(iii) in any period of 6 consecutive months in the Return of Service Period You
must Work for no less than 3 consecutive months in a Rural or Remote
Area unless the Department otherwise agrees; and
(iv) the Return of Service Period can be shortened through the use of Scaling;
(e)
subject to clause 3.10, not to render a Professional Service for which a Medicare
benefit is payable outside an applicable Rural or Remote Area between the time
You obtain Fellowship and the time You complete the Return of Service Period;
(f)
in the event of an overpayment by the Commonwealth of Your Scholarship
Amount You agree to return the overpayment on written notification from the
Department.
DEFERRAL
3.2
You may defer from Your Medical Course and Your obligation to Work in a Rural or
Remote Area as required by clause 3.1:
(a)
for up to 12 months in respect of each birth or adoption of a child (whether
consisting of one or multiple children) born to or adopted by You after the date
of this Contract, in which event You must notify the Department in writing no
later than 30 days after the commencement of the period of deferral that You are
proposing to exercise or have exercised Your right to defer, and the period of
the deferral, together with supporting documentation;
(b)
for up to 12 months in order to complete additional, post graduate education in
an Australian or overseas university, in which event You must notify the
Department in writing no later than 30 days after the commencement of the
period of deferral; or
(c)
in any other case, including where You wish to defer for longer than the
12 months referred to in clause 3.2(a) and (b) above, where You have applied in
writing to the Minister for approval, and the Minister has given approval.
Any approval which may be given under clause 3.2(c) is at the Minister’s discretion
and may be subject to conditions.
3.3
Any period of deferral pursuant to clause 3.2(a) must include the day on which the
child (or children in the case of multiple births) was born or adopted.
3.4
You agree to provide such information as the Minister requires in order to
substantiate any deferral under clause 3.2(a) and (b), or application for deferral
under clause 3.2(c).
YOUR OBLIGATIONS TO NOTIFY THE DEPARTMENT
3.5
You agree to notify the Department in writing of any of the following within 30 days
after one or more of the following events occur:
(a)
change of Your address and contact details, including Your postal address,
email address and telephone numbers;
(b)
Your deferral of any part of the Medical Course;
(c)
Your failure of any part of Your Medical Course that requires You to repeat a
subject, a semester or a year of the Medical Course;
(d)
Your discontinuance or failure of, or exclusion or suspension from the Medical
Course;
(e)
Your completion of the Medical Course;
(f)
commencement of Your internship and placement of internship;
(g)
completion of Your internship;
(h)
Your registration as a Medical Practitioner;
(i)
annual renewal of Your registration as a Medical Practitioner;
(j)
commencement of Your training towards a Fellowship;
(k)
the date You obtain a Fellowship;
(l)
the date and location in which You will commence Work in a Rural or Remote
Area;
(m) the date on which You complete the Return of Service Period; and
(n)
any other change in Your circumstances that may affect this Contract.
3.6
You also agree to notify both the Department and Your University promptly in
writing if You wish to withdraw from the Scholarship Scheme linked to Your place in
the Medical Course.
3.7
You agree to provide the Department with such information as the Department may
request relating to Your accountability to the Commonwealth under this Contract.
You also agree to complete an annual survey when requested.
3.8
You must not assign, in whole or part, Your rights or obligations under this Contract.
3.9
Failure to perform any requirement under clauses 3.5 to 3.8 will be a breach of this
Contract, unless the Department otherwise determines.
3.10
Notwithstanding clause 3.1(e), if You:
(a)
commence Work in a Rural or Remote Area that subsequently ceases to be a
Rural or Remote Area You are entitled to continue to Work at that location for
the Return of Service Period in fulfilment of Your obligations under this
Contract; or
(b)
commence Vocational Training in a Rural or Remote Area which ceases to be a
Rural of Remote Area at any time up to commencement of Your Return of
Service Period, You must apply to the Department to continue to Work at that
location for the Return of Service Period in fulfilment of Your obligations under
this Contract. The Department’s approval may be subject to conditions.
4.
BREACH OF THIS CONTRACT
4.1
If You:
(a)
discontinue or withdraw from the Medical Course, which means that You have
withdrawn from the Scholarship Scheme at any time after the first Census Date
of Your Second Year of Study in the Medical Course;
(b)
NOT USED;
(c)
are excluded, suspended or terminated from the Medical Course by the
University any time after the first Census Date of Your Second Year of Study in
the Medical Course;
(d)
do not become a Medical Practitioner within 10 years of the first Census Date of
the first year of the Medical Course excluding any period of deferral under
clause 3.2;
(e)
do not obtain a Fellowship within 16 years of the first Census Date of the first
year of the Medical Course, excluding any period of deferral under clause 3.2;
(f)
do not commence Work in a Rural or Remote Area in accordance with
clause 3.1(c);
(g)
fail to Work in a Rural or Remote Area for the Return of Service Period in
accordance with clause 3.1(d);
(h)
subject to clause 3.10, render a Professional Service for which a Medicare
benefit is payable outside a Rural or Remote Area as prohibited by clause
3.1(e); or
(i)
have not, at the time of executing this Contract, attained the age of 18 years and
You fail to notify the Department within 30 days of Your attaining that age, or
You fail to sign and return a duly executed Deed of Ratification as required by
clause 12.2(b), in terms satisfactory to the Department,
then You will have breached this Contract, and clauses 5 and 6 will apply.
4.2
Despite the operation of clause 4.1, the Minister may, in his or her discretion,
determine that You have not breached this Contract.
4.3
If You commit a breach of any other provision of this Contract, clauses 5 and 6 will
not apply. However, other consequences may flow from a breach that may affect Your
rights under this Contract.
4.4
Apart from recovery under clause 5, the Commonwealth will not seek damages in
respect of any other breach of this Contract by You.
4.5
If You breach this Contract under clause 4.1 the Commonwealth may, in its absolute
discretion, immediately terminate this Contract by written notice to You.
4.6
If the Commonwealth terminates this Contract under clause 4.5, then clause 5,
clause 6 and any other provision in this Contract which enables the Commonwealth to
recover money from You for a breach under clause 4.1 will survive that termination.
5.
RECOVERY OF SCHOLARSHIP AMOUNT
5.1
You will not have to repay any of the Scholarship Amounts if You fulfil Your
obligations under clause 3.1.
5.2
You will not have to repay any of the Scholarship Amounts if You discontinue or
withdraw or are suspended or excluded from the Medical Course and consequently
the Scholarship Scheme before the first Census Date of Your Second Year of Study in
the Medical Course.
5.3
You will not have to repay any of the Scholarship Amounts if You withdraw from the
Medical Course and consequently the Scholarship Scheme after the first Census Date
of Your Second Year of Study in the Medical Course due to illness or injury with
supporting evidentiary documentation from a Medical Practitioner.
5.4
You will not have to repay any of the Scholarship Amounts if You are excluded from
the Medical Course and consequently the Scholarship Scheme after the first Census
Date of Your Second Year of Study in the Medical Course providing You sign a
separate deed in favour of the Commonwealth in which You agree that You will not
study in a Commonwealth Supported Medical Course within five years of the date of
the separate deed. If You reapply to study in a Commonwealth Supported Medical
Course within five years of the date of the separate deed You will be required to repay
the Scholarship Amount plus Interest (outlined under clause 5.7 or 5.8) as a debt
owing to the Commonwealth.
5.5
You will not have to repay any of the Scholarship Amounts if You withdraw from the
Medical Course after the first Census Date of Your Second Year of Study with no
qualifications or with a lesser qualification, providing You sign a separate deed in
favour of the Commonwealth in which You agree that You will not study medicine in
a Commonwealth Supported Medical Course within five years of the date of the
separate deed. If You reapply to a Commonwealth Supported Medical Course within
five years of the date of the separate deed You will be required to repay the
Scholarship Amount plus Interest (outlined under clause 5.7 or 5.8) as a debt owing to
the Commonwealth.
5.6
If You breach the Contract after completion of Your Medical Course by not
completing Your Return of Service Period:
(a)
You will be required to repay the Scholarship Amount plus Interest (outlined
under clause 5.7 or 5.8); and
(b)
Medicare benefits will not be payable in respect of Professional Services
rendered by or on behalf of You for a period of 12 years (as outlined under
clause 6).
If You are a Country-resident Medical Student
5.7
Subject to clause 5.9, if You are a Country-resident Medical Student and You have
committed a breach of this Contract to which clause 4.1 refers, the Commonwealth
may claim from You as a debt owing to the Commonwealth:
(a)
half of all Scholarship Amounts that were paid to You less a monetary credit,
which is calculated as follows:
monetary credit =
1 a b
x x 
2  6 9
where:
a = the total of all Scholarship Amounts paid to You.
b = the sum of the number of complete calendar months You Worked
as a General Practitioner or Specialist in a Rural or Remote Area
in each year up to a maximum of 9 months per calendar year.
and
(b)
Interest on the debt calculated from the date when the Scholarship Amount
becomes due for payment in accordance with clause 5.10, whichever is
applicable, until the date the Scholarship Amount and Interest are paid in
full.
If You are not a Country-resident Medical Student
5.8
Subject to clause 5.9, if You are not a Country-resident Medical Student and You
have committed a breach of this Contract to which clause 4.1 refers, the
Commonwealth may claim from You as a debt owing to the Commonwealth:
(a)
the total of all Scholarship Amounts that were paid to You less a monetary
credit, which is calculated as follows:
monetary credit =  a  x  b 
6 9
where:
a = total of all Scholarship Amounts paid to You.
b = the sum of the number of complete calendar months You Worked
as a General Practitioner or Specialist in a Rural or Remote Area
in each year up to a maximum of 9 months per calendar year.
and
(b)
Interest on the debt calculated from the date the Scholarship Amount
becomes due for payment in accordance with clause 5.10, whichever is
applicable, until the date the Scholarship Amount and Interest are paid in
full.
5.9
The Minister may reduce the Scholarship Amount You would otherwise owe the
Commonwealth under clauses 5.7 or 5.8 to such amount as the Minister, in his or her
discretion, determines. Any determination by the Minister may be subject to further
conditions.
5.10
The amount referred to in clause 5.7 and clause 5.8 becomes due for payment in full
upon the date of Your breach under clause 4.1. In addition, Interest on this amount
will be applied thirty days from the date of the invoice, and will be compounded on a
daily basis on the outstanding amount until it is paid in full.
6.
ELIGIBILITY FOR MEDICARE BENEFITS
6.1
If You commit a breach of this Contract to which clause 4.1 and clause 5.6 refers
then, having regard to section 19ABA of the Health Insurance Act 1973, the
Department will instruct the Department of Human Services to restrict Your Medicare
provider number so that Medicare benefits will not be payable in respect of
Professional Services rendered by or on behalf of You for a period of 12 years. This
period will commence from:
(a)
where You do not become a Medical Practitioner within 10 years of the first
Census Date of Your first year of the Medical Course excluding any period
of deferral under clause 3.2 – the date 10 years from the first Census Date of
the first year of the Medical Course;
(b)
where You become a Medical Practitioner but do not obtain a Fellowship
within 16 years of the first Census Date of Your first year of the Medical
Course excluding any period of deferral under clause 3.2 – the date 16 years
from the first Census Date of the first year of the Medical Course;
(c)
where You become a Medical Practitioner and obtain a Fellowship but do not
commence to Work in a Rural or Remote Area within 12 months of obtaining
the Fellowship excluding any period of deferral under clause 3.2 – the date of
expiry of the 12 months;
(d)
where You commence Work in a Rural or Remote Area but do not complete
the Return of Service Period – the day after You cease Work in the Rural or
Remote Area, but in this case the period of 12 years will be reduced by a
time credit, which is calculated as follows:
Time credit (in years) =
the sum of the number of complete calendar months You Worked as a General
Practitioner or Specialist in a Rural or Remote Area in each year up to a maximum
of 9 months per year
9
6.2
The Minister may reduce the period during which Medicare benefits will not be
payable, calculated under clause 6.1, as the Minister, in his or her discretion,
determines. Any determination by the Minister pursuant to this clause may be subject
to further conditions.
7.
MINISTER’S DISCRETIONARY POWERS
7.1
Where the Minister exercises his or her discretionary powers under clauses 3.2, 4.2,
5.9 or 6.2, the Minister must consider any Exceptional Circumstances that may exist
in Your particular case such as temporary or permanent incapacity. Assessment of
Your temporary or permanent incapacity may require a medical assessment by a
Medical Practitioner or medical panel selected by the Department. Exceptional
Circumstances will be considered on a case by case basis and the parties acknowledge
and agree that the Minister’s decision may be subject to further conditions.
8.
AGREEMENT AND AUTHORITY TO RELEASE INFORMATION
8.1
You agree that the Department may supply and exchange information (including
email, phone and address details) about You to and receive information about You
from:
(a)
the Department of Human Services, or such other department as may from
time to time be responsible for the administration of Medicare;
(b)
any university;
(c)
the Department of Education or such other department as may from time to
time be responsible for the administration of Commonwealth funding of higher
education;
(d)
Australian Health Practitioner Regulation Agency, the Medical Board of
Australia or a Medical College listed in Attachment A to this Contract;
(e)
a Medical Practitioner or medical panel selected by the Department under
clause 7.1;
(f)
the Australian Taxation Office;
(g)
the Department of Immigration & Border Protection or such other department
as may from time to time be responsible for the administration of Australian
Citizenship and permanent resident visas; or
(h)
any next of kin or family member as notified by You from time to time,
to enable the Department to monitor compliance by You with the provisions of this
Contract, and You authorise the bodies referred to in clauses 8.1(a) to (h) to release
and exchange such information as may be requested by the Department for this
purpose.
8.2
You agree that the Department may supply Your name and contact details to the
administering body of the Support Programme for participants of the Scholarship
Scheme (“the Support Programme”). This will allow the administering body to
contact You and provide You with information relevant to the Support Programme.
You acknowledge that it is Your responsibility to provide updated information to the
Department regarding Your contact details in accordance with clause 3.5(a). The
Department will provide Your updated details to the administering body from time to
time.
9.
EXPIRY OF THIS CONTRACT
9.1
Unless terminated earlier in accordance with clause 4.5, by mutual agreement or by
law this Contract will expire when both parties have fulfilled their obligations under
the Contract.
10.
GENERAL PROVISIONS
10.1
The laws in force in the Australian Capital Territory apply to this Contract and You
and the Commonwealth submit to the exclusive jurisdiction of the courts of the
Australian Capital Territory.
10.2
No variation of this Contract is binding unless it is agreed in writing by both the
Commonwealth and You.
10.3
If either the Commonwealth or You do not exercise (or delay in exercising) any right,
that failure or delay does not operate as a waiver of that right contained in this
Contract or at law.
10.4
Any reading down or severance of a particular provision does not affect the other
provisions of this Contract.
11.
NOTICES
11.1
11.2
12.
12.1
Any notices or other communication required to be given to either Party under this
Contract must be in writing and may be:
(a)
delivered by hand to the physical address of the recipient - and is deemed to be
given upon delivery;
(b)
sent by pre-paid ordinary post within Australia to the postal address of the
recipient - and is deemed to be given upon the expiration of 3 Business Days
after the date on which it was sent;
(c)
sent by facsimile message to the facsimile address of the recipient - and is
deemed to be given upon receipt by the sender of an acknowledgment that the
communication has been properly transmitted to the recipient; or
(d)
sent by e-mail to the e-mail address of the recipient - and is deemed to be
given when the e-mail enters an information system accessible to the recipient.
In this clause 11 reference to any kind of address means the address of the recipient
stated in Item D of the Schedule or the address as updated by You under clause 3.5
of this Contract.
ACKNOWLEDGMENT AND AGREEMENT BY YOU
You acknowledge that You are either:
(a) an Australian citizen;
(b) the holder of a permanent resident visa within the meaning of subsection 30(1)
of the Migration Act 1958; or
(c) You were a New Zealand special category visa holder on or before
26 February 2001,
and You agree to provide the Department with evidence of this.
12.2
You acknowledge that You are either:
(a)
over 18 years of age and You agree to provide the Department with a proof of
Your age; or
(b)
12.3
12.4
not, at the time of executing this Contract, over 18 years of age and, on
attaining 18 years of age You will:
(i)
within 30 days of Your 18th birthday, notify the Department that You
have attained the age of 18 years; and
(ii)
duly execute and return to the Department the Deed of Ratification
supplied to You by the Department within 30 days of receipt of the
Deed of Ratification. By executing this Deed of Ratification, You will
unconditionally ratify and adopt in writing, with Your signature, the
promises You have made under this Contract.
You acknowledge that:
(a)
the Department may amend from time to time the Geographical Classification
System, including the criteria for, and system of, classifying geographic areas
within Australia;
(b)
a geographic area classified according to the Geographical Classification
System as a Rural or Remote Area may be reclassified from time to time,
including (without limitation) at the following time or respective times:
(i)
when You commence Work in a Rural or Remote Area (and in which
You must Work for Your Return of Service Period); and
(ii)
if You move locations once You commence Your Return of Service
Period – at the time You commence Work at the new location,
(“reclassification”);
(c)
following reclassification, the classification of a geographic area may be
different to the previous classification of that area;
(d)
if You have commenced Work in a Rural or Remote Area that subsequently
ceases to be a Rural and Remote Area, You are entitled to continue to Work in
that area for the Return of Service Period in fulfilment of Your obligations
under this Contract;
(e)
both 12.3(a) and 12.3(b) may occur; and
(f)
the Department may change or replace the Geographical Classification
System, due to a change in government, change in policy or for other reasons
due to the administration of government or the Scholarship Scheme, and that
You will abide by the requirements of any alternative or varied Geographical
Classification System.
You acknowledge that this Contract, as amended in writing from time to time,
constitutes the entire agreement between You and the Commonwealth about its
subject matter and supersedes all previous agreements, understandings and
negotiations on that subject matter.
12.5
You agree that the Commonwealth enters into this Contract with You in reliance upon
the acknowledgments contained in clauses 12.1, 12.2, 12.3 and 12.4.
SCHEDULE
Item A: Medical Course
Insert Name of University: …………………………………………………………………
Insert Name of Medical Course: ……………………………………………………………
Item B: Period of Study
………………………………………………………………………
[Insert number of years of the Medical Course]
The parties agree that if the University makes any change to the duration of the Medical
Course this Item B may be amended by the exchange of written correspondence by the
parties acknowledging the change.
Item C: Country-resident Medical Student [State whether You are a Country-resident Medical
Student]

Yes

No
Country-resident Medical Student means a student who has lived in a Rural or Remote
Area for at least 5 out of the 12 years immediately preceding January 1 of the year in which
the student commences the Medical Course.
Item D: Addresses for purpose of receiving notices
The address of the Department is:
Medical Rural Bonded Scholarship Scheme
(MDP 149)
Department of Health
GPO Box 9848
CANBERRA ACT 2601
E-mail: MRBSCHOLARSHIPS@health.gov.au
Website: Medical Rural Bonded Scholarship (www.health.gov.au/mrbscholarships)
or such other address as the Department may notify to You.
Your residential address is: (Your permanent address)
………………………………………………………………………………………………..
………………………………………………………………………………………………..
………………………………………………………………………………………………..
………………………………………………………………………………………………..
Your postal address is:
(during study time if different to the above address)
………………………………………………………………………………………………..
………………………………………………………………………………………………..
………………………………………………………………………………………………..
Phone number………………………….Mobile number……………………………………
Facsimile number………………………………
Your e-mail address:…………………………………………………………………………
or such other address as You may notify to the Commonwealth.
Item E: Time and Method of Payments
The Scholarship Amount is payable in monthly instalments from March to December
inclusive.
Payment will be made by crediting the following bank account:
Name of Account Holder(s):…………………………………………………………………
Financial Institution:…………………………………………………………………………
BSB Number:……………………………...…………...………….…………………………
Account Number:…………………………………………………………………………….
Executed as a Deed
SIGNED SEALED AND DELIVERED for and on behalf of the
COMMONWEALTH OF AUSTRALIA
by the Director, Grant Services Division
in the Department of Health
on …………………………..
…………………………………………….
(Printed Name of Director)
……………………………….
(Signature)
in the presence of:
…………………………………………….
(Printed Name of Witness)
………………………………
(Signature)
…………………………………………….
SIGNED SEALED AND DELIVERED by
…………………………………………….
(Print Your Name)
……………………………….
(Signature)
in the presence of:
…………………………………………….
(Printed Name of Witness)
……………………………….
(Signature)
List of current medical colleges and qualifications - Health Insurance Regulations 1975
as at 18 March 2014
Medical College
Specialty
Australasian College for
Emergency Medicine
Emergency Medicine
Australasian College of Sports
Physicians
Sport and Exercise
Medicine
The Royal Australasian College
of Physicians, Division of Adult
Medicine and Division of
Paediatrics & Child Health
General Medicine
General Paediatrics
Cardiology
Clinical Genetics
Clinical Pharmacology
Community Child Health
Endocrinology
Gastroenterology and
Hepatology
Geriatric Medicine
Haematology
Immunology and Allergy
Infectious Diseases
Intensive Care Medicine
Medical Oncology
Neonatal/Perinatal
Medicine
Nephrology
Neurology
Nuclear Medicine
Paediatric Emergency
Medicine
Palliative Medicine
Respiratory and Sleep
Medicine
Rheumatology
Palliative Medicine
The Royal Australasian College
of Physicians, Australasian
Chapter of Palliative Medicine
The Royal Australasian College
of Physicians, Australasian
Chapter of Addiction Medicine
The Royal Australasian College
of Physicians, Australasian
Chapter of Sexual Health
Medicine
Addiction Medicine
Sexual Health Medicine
Qualification
Fellowship of the Australasian College
for Emergency Medicine
(FACEM)
Fellowship of the Australasian College
of Sports Physicians
(FACSP)
Fellowship of the Royal Australasian
College of Physicians
(FRACP)
Fellowship of the Australasian Chapter
of Palliative Medicine (FAChPM)
Fellowship of the Australasian Chapter
of Addiction Medicine
(FAChAM)
Fellowship of the Australasian Chapter
of Sexual Health Medicine
(FAChSHM)
Medical College
Specialty
Qualification
The Royal Australasian College
of Physicians,
Australasian Faculty of
Occupational and Environmental
Medicine
The Royal Australasian College
of Physicians,
Australasian Faculty of
Rehabilitation Medicine
The Royal Australasian College
of Physicians, Australasian
Faculty of Public Health
Medicine
Australian College of Rural and
Remote Medicine
Occupational and
Environmental Medicine
Fellowship of the Australasian Faculty
of Occupational and Environmental
Medicine
(FAFOEM)
Rehabilitation Medicine
Fellowship of the Australasian Faculty
of Rehabilitation Medicine
(FAFRM)
Public Health Medicine
Fellowship of the Australasian Faculty
of Public Health Medicine (FAFPHM)
General Practice
Australian and New Zealand
College of Anaesthetists
Anaesthesia
Australian and New Zealand
College of Anaesthetists, Faculty
of Pain Medicine
Pain Medicine
Royal Australasian College of
Surgeons
Cardio-thoracic Surgery
General Surgery
Neurosurgery
Orthopaedic Surgery
Otolaryngology Head and Neck Surgery
Paediatric Surgery
Plastic and
Reconstructive Surgery
Urology
Vascular Surgery
General Practice
Fellowship of the Australian College of
Rural and Remote Medicine
(FACRRM)
Fellowship of the Australian and New
Zealand College of Anaesthetists
(FANZCA)
Fellowship of the Faculty of Pain
Medicine, Australian and New Zealand
College of Anaesthetists
(FFPMANZCA)
Fellowship of the Royal Australasian
College of Surgeons
(FRACS)
The Royal Australian College of
General Practitioners
The Australasian College of
Dermatologists
Dermatology
The Royal Australian and New
Zealand College of Radiologists
Diagnostic Radiology
Diagnostic Ultrasound
Nuclear Medicine
Radiation Oncology
Psychiatry
The Royal Australian and New
Zealand College of Psychiatrists
Fellowship of The Royal Australian
College of General Practitioners
(FRACGP)
Fellowship of the Australasian College
of Dermatologists
(FACD)
Fellowship of the Royal Australian and
New Zealand College of Radiologists
(FRANZCR)
Fellowship of the Royal Australian and
New Zealand College of Psychiatrists
(FRANZCP)
Medical College
The Royal Australian and New
Zealand College of Obstetricians
and Gynaecologists
The Royal Australian and New
Zealand College of
Ophthalmologists
The Royal College of
Pathologists of Australasia
The Royal Australasian College
of Dental Surgeons
College of Intensive Care
Medicine of Australia and New
Zealand
Specialty
Obstetrics and
Gynaecology
Gynaecological
Oncology
Maternal-fetal Medicine
Obstetrics and
Gynaecological
Ultrasound
Reproductive
Endocrinology and
Infertility
Urogynaecology
Ophthalmology
General Pathology
Anatomical Pathology
(including
Cytopathology)
Chemical Pathology
Forensic Pathology
Haematology
Immunology
Microbiology
Oral and Maxillofacial
Surgery
Intensive Care Medicine
Qualification
Fellowship of the Royal Australian and
New Zealand College of Obstetricians
and Gynaecologists
(FRANZCOG)
Fellowship of the Royal Australian and
New Zealand College of
Ophthalmologists
(FRANZCO)
Fellowship of the Royal College of
Pathologists of Australasia
(FRCPA)
Fellowship of the Royal Australasian
College of Dental Surgeons (Oral and
Maxillofacial Surgery)
(FRACDS (OMS))
Fellowship of the College of Intensive
Care Medicine of Australia and New
Zealand (FCICM)