DGD14-018
Standard Operating Procedure
Area of Need for Vacant Medical Practitioner Positions
in the Public and Private Sector
Purpose
Area of Need status is approved by ACT Health to assist employers who are experiencing
difficulty recruiting medical practitioners. It enables them to recruit suitably qualified
International Medical Graduates (IMG’s).
This document sets out the process for applying for Area of Need status and should be read
in conjunction with the ACT Health Policy on Area of Need for Vacant Medical Practitioner
Positions in the Public and Private Sector.
Scope
Area of Need applications can be made to ACT Health by both public and private employers,
who have medical practitioner vacancies.
Where recruitment to a vacant position fails to attract a suitable medical practitioner with
general or specialist registration, the employer can submit an Area of Need Application to
ACT Health. An approved Area of Need application allows the employment of an IMG with
limited registration.
Area of Need status may be granted where a vacant medical position remains unfilled and:
 advertising has failed to attract suitably qualified Australian medical practitioners
and
 it can be demonstrated that service delivery is affected and
 Australian qualified medical practitioners are not disadvantaged and
 the vacant position is located in a District of Workforce Shortage (DWS).
For positions that do not require access to a Medicare Provider Number, the vacant position
is not required to be located in a District of Workforce Shortage (DWS).
The occupant of a position that is declared Area of Need is a temporary employee and must
not be appointed to a permanent position.
Procedure
1.
Application Process
1.1
The Area of Need application process is outlined in the flow chart in
Appendix A.
Doc Number
DGD14-018
Issued
June 2014
Review Date
June 2017
Area Responsible
WPPU, PSSB
Page
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DGD14-018
1.2 Employers wishing to apply for Area of Need status for a vacant medical
position must complete the Area of Need for Vacant Medical Practitioner Positions
Application Form (Appendix B) addressing all criteria and including supporting
documentation.
Applications must be marked CONFIDENTIAL and submitted to:
Area of Need
ACT Health, Workforce Policy and Planning Unit
GPO Box 825
CANBERRA ACT 2600
For more information contact:
ACT Health, Workforce Policy and Planning Unit
Telephone: (02) 6207 7724
Email: areaofneed@act.gov.au
2.
Timeframe
ACT Health, Workforce, Policy and Planning Unit will process all completed
applications within 14 working days from receipt. Incomplete applications will only
be processed after all the required information has been submitted.
3.
Decision
Based on the documentation provided, the Deputy Director General, Strategy and
Corporate will make a decision on the application.
3.1
If the application is approved, a letter approving the application is sent by
ACT Health to the requesting employer/area and any other relevant parties e.g AMA
and Medical Board of Australia.
3.2
If the application is not approved, further information may be sought by ACT
Health from the applicant and/or other relevant external organisations. If the
application remains unsupported a letter advising the employer/area will be sent to
the requesting employer/area, AMA and any other relevant parties.
4.
Approval Period
Area of Need status is initially granted for a 12 month period. The position approval
date will commence from the date the position is filled. If the position is not filled
within 12 months, a new application will need to be made.
5.
Extending an existing position
Applications for a 12 month extension to an existing Area of Need position may be
made by the employer to ACT Health, by completing an additional Area of Need for
Vacant Medical Practitioner Positions application form. Up to three, 12 month
extensions may be granted. The Area of Need status will not be extended beyond 48
months. However, in limited circumstances, in-line with AHPRA legislation for limited
registration, ACT Health will consider a new application for Area of Need. There is no
Doc Number
DGD14-018
Issued
June 2014
Review Date
June 2017
Area Responsible
WPPU, PSSB
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DGD14-018
requirement to readvertise the position to extend an existing position. It is expected
that an IMG will have commenced the process to obtain their Australian qualification
during their Area of Need tenure in order for the employer to be eligible for an
extension of that Area of Need position. Applications for extension should be made
four weeks prior to the expiry of an existing approval.
6.
Validity
When the IMG employed against the Area of Need status position obtains general or
specialist registration, the Area of Need approval for that position will become void.
7.
Appeals
In the event that an application is not approved, the employer has a right to appeal
the decision. The appeal needs to be made in writing within 14 days of receiving
written notification of the original decision. The appeal must:



clearly outline the process concern
identify the likely impact to health services if the decision is not overturned
and
be sent to:
ACT Health
Director General
GPO Box 825
CANBERRA ACT 2601
7.2
The appeal will be considered by the ACT Health Director General and any
decision will be final.
8.
The Application Criteria
The application criteria applies to new Area of Need applications and extension of
existing Area of Need applications for vacant medical positions. Area of Need status
relates to a specific position not the medical practitioner holding that position. There
are three criterion which need to be met:
8.1
Criterion 1 – Evidence of Need
8.1.1 District of Workforce Shortage
Evidence must be provided to demonstrate that the position is in a District of
Workforce Shortage (DWS) as defined by the Australian Government Department of
Health. Applicants should attach a map from www.doctorconnect.gov.au or
supporting email from Department of Health, Workforce Regulation Section. If the
medical practitioner does not require access to a Medicare Provider Number, this
criteria is not required to be met - for example some clinical directors or public
health physicians.
8.1.2 Impact on service delivery
Information must be provided to describe the impact on delivery of medical services
to the community if the position is unfilled or information on the reasons preventing
the successful recruitment of a suitable applicant.
Doc Number
DGD14-018
Issued
June 2014
Review Date
June 2017
Area Responsible
WPPU, PSSB
Page
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DGD14-018
8.2
Criterion 2 – Recruitment/Advertising history
8.2.1 Recruitment
Evidence must be provided to demonstrate genuine attempts to recruit to the
position with Australian trained graduates. Vacancies must be advertised for a
minimum period of 6 weeks on 2 occasions within the last 12 months. Evidence also
needs to be provided of the outcomes of these recruitment attempts, including the
number of applicants and a brief explanation on why they were not recruited.
8.2.2 Advertising for vacant general practitioner positions
Advertising provided by ACT Health and ACT Medicare Local is deemed to meet the
Area of Need advertising requirements, at least until the ACT has reached the
national average of GPs per head of population. The data source generally used to
obtain the number of GPs per head of population is the Annual Report on
Government Services produced by the Australian Government Productivity
Commission.
8.2.3 Advertising for vacant specialist (other than GP) positions
Advertisements for specialists must reflect the required qualifications, skills, duties,
salary and other benefits and be designed to attract a maximum response. Nonclinical duties such as teaching, research and management are relevant additional
factors in determining suitability of applicants for a position.
Public sector recruitment - Advertising must comply with the ACT Health
Recruitment Policy – to attain national coverage. The second round of advertising
must include advertisements in a medical professional journal or website.
Private sector recruitment – Placement of advertisements must include a medical
professional journal or medical professional website to attain national coverage.
8.3. Criterion 3 – Supporting evidence
8.3.1 External consultation – Private sector only
The employer must receive a letter of support for the Area of Need application from
the AMA or relevant Specialist College and provide it as evidence with the
application. The agreed time for their response is 14 days.
9.
Employers requirements for IMGs
Employers must not offer permanent employment status to an Area of Need
position applicant. When recruiting to the Area of Need position or when updating
the incumbent’s details, employers need to submit the Area of Need approval to
AHPRA.
9.1
Safety
Employers have an obligation to ensure all IMGs pass a health assessment prior to
commencement of duty. Routine police clearances are also required.
9.2
Supervision
It is a mandatory registration standard of the Medical Board of Australia that
supervision is a requirement for all IMGs who are granted limited registration to
practise in Australia. It remains a requirement of registration for the duration of the
IMG’s limited registration for area of need. The Medical Board decides on the level
Doc Number
DGD14-018
Issued
June 2014
Review Date
June 2017
Area Responsible
WPPU, PSSB
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of supervision required and approval of the nominated supervisor. The supervision
plan, training plan and nominated supervisor are all overseen by the Medical Board.
10.
IMG requirements
IMGs need to satisfy any current requirements of the:
 Department of Immigration and Border Protection (DIBP) visa requirements,
 Medical Board of Australia,
 Australian Medical Council,
 Department of Health, DWS requirements
 Medicare Australia, and
 Employer specific job requirements.
10.1 DIBP- Visa requirements
To work as a medical practitioner in Australia, IMGs are required to have Australian
citizenship with full medical registration or have a suitable visa granted by the
Australian Government Department of Immigration and Border Protection.
More information on immigration, citizenship, residency, visas and living in Australia
can be found on their website at immi.gov.au
10.2 Medical Board of Australia
To practice in Australia medical practitioners are required to be registered with the
Medical Board of Australia.
The Medical Board is responsible for deciding whether an individual applicant is
eligible, qualified and suitable to practice in a particular position and safely meet the
particular need for health services. The Medical Board may grant limited registration
to IMGs who do not qualify for general or specialist registration but will be working
in an Area of Need enabling the health professional to practise.
The Medical Board establishes requirements on the medical registration of all
practitioners with limited registration for Area of Need. The specific requirements
depend on the pathway taken to registration – Competent, Standard or Specialist.
Specific information regarding these requirements can be found on their website at
medicalboard.gov.au/registration standards
10.3 Australian Medical Council
The Australian Medical Council (AMC) is an independent national standards body for
medical education and training. The AMC assesses the knowledge, clinical skills and
professional attributes of overseas qualified medical practitioners seeking
registration to practise medicine in Australia. It has no role in processing applications
for registration or in granting registration, this is a function of the Medical Board of
Australia. More information can be found on their website at www.amc.org.au
10.4 Medicare Australia – Medicare Provider Number
To work as a medical practitioner in Australia a Medicare Provider Number may be
required. This number uniquely identifies the medical practitioner and their place of
work.
Doc Number
DGD14-018
Issued
June 2014
Review Date
June 2017
Area Responsible
WPPU, PSSB
Page
5 of 12
DGD14-018
A Medicare Provider Number may allow medical practitioners to raise referrals for
specialist services and make requests for pathology or diagnostic imaging services. If
the legislative requirements are satisfied a provider number may also attract
Medicare rebates for professional services. A Medicare Provider Number does not
automatically allow Medicare rebates to be paid for the medical practitioners
services. IMGs should ask their employer which level of Medicare access for a
provider number is required. Specialists requiring access to Medicare rebates that
attract a higher specialist payment need to apply for recognition as a specialist for
Medicare billing purposes.
IMGs are subject to Medicare provider number restrictions if they want to treat
private patients. These restrictions affect where an IMG can work in Australia.
If the IMG works in a DWS they may be able to get an exemption from these
restrictions. Medicare provider numbers are issued by Medicare Australia after an
IMG has been offered a medical job in Australia.
Further information can be obtained from Medicare Australia on 132 150 or on their
website. http://www.medicareaustralia.gov.au
10.5
-
ACT Health applicants:
The Clinical Director of the area with the vacant medical practitioner position
must submit the application for Area of Need
Prior to employment, mandatory police clearances are required
The Overseas Employment Services Officer can be contacted in regard to
information on visas, immigration, sponsorship and residency.
Evaluation
Outcome Measures
 100% of Area of Need applications for vacant medical positions comply with these
procedures and ACT Health’s policy on Area of Need for Vacant Medical Practitioner
Positions in the Public and Private Sector.
Method
The Workforce, Policy and Planning Unit will:
 Conduct routine audit of all applications received
 Maintain record of unapproved applications and identify non-compliance, as a result
of non-adherence with this SOP and ACT Health’s Policy on Area of Need for Vacant
Medical Practitioner Positions in the Public and Private Sector.
 Provide feedback to applicants on non-compliance issues
Related Legislation, Policies and Standards
Legislation
Health Practitioner National Regulation Law (ACT) Act 2010
Health Insurance Act 1973
Doc Number
DGD14-018
Issued
June 2014
Review Date
June 2017
Area Responsible
WPPU, PSSB
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Health Professionals Act 2004
Policies/SOPs
ACT Health Recruitment Policy
ACT Health Delegations Manual
ACT Health Standard Operating Procedure Medicare Provider Number: Application
by Senior Medical Practitioners
ACT Health Policy Senior Medical and Dental Practitioners – Appointment and
Credentialing
ACT Health Staff Screening and Immunisation Policy
Standards
Medical Board of Australia – Limited registration for area of need registration
standard http://www.medicalboard.gov.au/Registration-Standards.aspx
Australian Commission on Safety and Quality in Health Care -National Safety and
Quality Health Service Standards
Doc Number
DGD14-018
Issued
June 2014
Review Date
June 2017
Area Responsible
WPPU, PSSB
Page
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DGD14-018
Area of Need Process Flow Chart
Appendix A
Vacancy occurs
Evidence of Need (Criterion 1):
Position is located in a District of Workplace Shortage as defined by the
Australian Government Department of Health & there is an impact on service delivery
Advertising/ Labour market testing (Criterion 2):
Employer advertises position vacant for a minimum of six weeks,
on two occasions over a 12 month period
period and does not attract a suitable Australian trained applicant
External consultation/ Supporting evidence (Criterion 3) Private sector only
Employer contacts AMA or relevant specialist college to seek support of application
(agreed to provide a response to employer in 14 working days)
Employer submits a completed Area of Need Application to ACT Health,
Workforce Policy and Planning Unit
Workforce Policy and Planning Unit assess application against the agreed criteria
within 14 working days from receipt of application
All criteria met
NO – return to employer for
amendment
YES– Recommend
approval
Application form and Brief sent to the ACT Health Deputy Director General,
Strategy and Corporate to consider advice and make a decision
Application supported
Application not
supported
Workforce Policy and Planning Unit notifies requesting employer/area,
AMA and Medical Board of Australia
Employer may lodge appeal within 14 days of being notified of original decision,
to ACT Health, Director General
ACT Health, Workforce Policy and Planning Unit notifies employer of final decision
by Director General
Doc Number
DGD14-018
Issued
June 2014
Review Date
June 2017
Area Responsible
WPPU, PSSB
Page
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DGD14-018
Appendix B
APPLICATION FORM - AREA OF NEED FOR
VACANT MEDICAL PRACTITIONER POSITIONS
in the Public and Private sector
(All sections must be complete for application to be considered)
SECTION 1 – CONTACT DETAILS OF REQUESTING ORGANISATION
Title:
Surname
Role
Organisation
Address - Physical
First name
Postal
Phone
Email
Fax
SECTION 2 - POSITION DETAILS
Application type
Extensions only
Position Type


New application
Extend existing AON position
Details of steps taken towards general or specialist registration


General Practitioner
Position Title
Other Specialist
Position Number
(public sector)
Position
Description
Employer
Position location
Intended duration
of appointment
Doc Number
DGD14-018


< 12 months
Issued
June 2014
Review Date
June 2017
> 12 months
Area Responsible
WPPU, PSSB
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DGD14-018
SECTION 3 - CRITERIA REQUIREMENTS
Criterion 1 – Evidence of Need
1.1
Private Sector
 The position is in a District of Workforce Shortage as defined by
the Australian Government Department of Health
 GPs - Map attached from www.doctorconnect.gov.au
 Specialists other than GPs – Email attached from Workforce
Regulation Section of Commonwealth Department of Health
confirming position is in DWS area



Or

Public Sector
 Evidence of District of Workforce Shortage for all applicants
requiring access to Medicare Provider Number
1.2 The impact on service delivery if the position is left unfilled will be:

None
or
Some impact (e.g. local suburb will not have access to the service/ waiting
times will be somewhat affected)

or

Significant impact (e.g ACT & Southern NSW region will no longer have
access to the service)
Provide details of impact:

Criterion 2 –Advertising/Labour market testing

Advertising has occurred

Advertising has occurred within the last 12 months

Advertising has occurred twice for a minimum of six weeks each

Public sector: Advertising in accordance with the ACT Health
Recruitment Policy
- to attain national coverage
and

and


Private sector: in accordance with advertising required in the
ACT Health Area of Need policy
Date of advertisements:
Date advertisement closed:

Doc Number
DGD14-018




Evidence of advertising attached
Issued
June 2014
Review Date
June 2017
Area Responsible
WPPU, PSSB
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DGD14-018



Total number of people who applied for the position?
How many Australian graduates applied for the position?
Please provide a brief explanation of why applicants were not
recruited:
Criterion 3 – Private sector only - Supporting evidence attached
Application
supported
Support via external consultation obtained from:

Australian Medical Association

Relevant specialist medical college
Title of college:

or


Verification

I verify that the information contained within this application is true and
correct
Employer (Print Name) :
Signature:
Date:
Date submitted:
Application must be marked CONFIDENTIAL and submitted to:
Area of Need
ACT Health, Workforce Policy and Planning Unit
Primary HealthCare Workforce Officer
GPO Box 825
CANBERRA CITY ACT 2601
For more information contact:
Primary HealthCare Workforce Officer
Workforce Policy & Planning Unit
Telephone: (02) 6207 7724
Email: areaofneed@act.gov.au
This Standard Operating Procedure for Area of Need must be read in conjunction with ACT
Health, Policy - Area of Need for Vacant Medical Practitioner Positions in the Public and
Private sector as located in the Policies and Plans register on the ACT Health website
www.health.act.gov.au
Doc Number
DGD14-018
Issued
June 2014
Review Date
June 2017
Area Responsible
WPPU, PSSB
Page
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DGD14-018
OFFICE USE ONLY –Audit checklist for assessment and verification of application
Yes
Date received:
Received by:
No
Date processed:
Processed by:
Application processed within 14 working days from receipt
Criterion 1 - Position is in a DWS area (for applicants requiring a
Medicare Provider Number).
- Service delivery impacted
Criterion 2 - Advertising occurred for 6 weeks on 2 occasions, within
last 12 months (New applications only)
Criterion 3 - External consultation occurred (private sector only)
Application signed by employer
Brief prepared for Deputy Director General, Strategy & Corporate
(S&C)
Letter prepared for employer, sent to DDG S&C to sign
Application supported
Date of letter of support (within 14 days of receipt of application)
Letter sent to employer by DDG S&C
Application not supported
Letter prepared for DDG S& C to sign
Letter sent to employer notifying of not supported outcome
AMA and Medical Board notified of outcome
Appeal received from employer within 14 days of original decision
Date appeal received:
Date appeal processed
Received by:
Processed by:
Employer notified of final decision
Doc Number
DGD14-018
Issued
June 2014
Review Date
June 2017
Area Responsible
WPPU, PSSB
Page
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N/A