DEED OF AGREEMENT
between the
COMMONWEALTH OF AUSTRALIA
as represented by the Department of Health
and
..………………………………………... / …..………………………. / …..……………………………………..GIVEN NAME / MIDDLE NAME / FAMILY NAME
for
a Commonwealth FundedInternshipplace in 2018under the
Commonwealth Medical Internships initiative
November2017
Important Information – Privacy
Your personal information is protected by law, including the Privacy Act 1988, and is collected by the Department of Health for the purpose of administering the Commonwealth Medical Internship initiative.
For information about how the Department will deal with your personal information, visit: Department of Health’s privacy policyat
THIS DEED OF AGREEMENT (AGREEMENT) is made
BETWEEN the
COMMONWEALTH OF AUSTRALIA as represented by the Department of Health (“the Commonwealth”) ABN: 83 605 426 759
AND
..………………………………………... / …..…………………………… / …..……………………………………..GIVEN NAME / MIDDLE NAME / FAMILY NAME
BACKGROUND
A.The Commonwealth is funding The Commonwealth Medical Internshipsinitiative (the Initiative), to provide up to 100additional medical internships in Australia for 2018.
B.The objective of the Initiative is to secure the services of medical practitionersto deliver services to rural and regional Australian communities and increase the number of Australian-trained medicalpractitioners working in Australia. The internships available have conditions attached to them designed to achieve that objective.
C.You have applied for a Commonwealth Funded Internship place and You have been offered an internship under the Initiative. You have received information about the Initiative, the conditions attached to aCommonwealth Funded Internship, and the consequences if the conditions are not complied with. You acknowledge that Youhave been advised to seek independent legal advice on the Initiative, the conditions attached to the internship, and the consequences if the conditions are not complied with.
D.One of the conditions of accepting a Commonwealth Funded Internship is that following successful completion of Your Commonwealth Funded InternshipYou gain general registration as a medical practitioner in Australia and You must complete Your Approved Return of Service Periodin Australia.
E.Under the Initiative any withdrawal from the Initiative will mean that You forfeit Your Commonwealth Funded Internship place. Without an internship place You will no longer participatein the Initiative.
F.If You do not comply with Your obligations to complete Your Internship and Returnof Service Period then You may be required to repay the Commonwealth Internship Cost plus interest as a debt due to the Commonwealth.
G.This Agreement is a contract for the purpose of section 19ABA of the Health Insurance Act 1973, and therefore a breach of certain conditions of this contract may incur a two(2) year restriction on the use of Your Medicare provider number, during which Medicare benefits are not payable in respect of a Professional Service rendered by You or on Your behalf.
OPERATIVE PART OF THIS DEED OF AGREEMENT
1.INTERPRETATION OF TERMS USED IN THIS AGREEMENT
1.1In this Agreement:
Agreement means this Deed of Agreement including all schedules as amended from time to time;
Approved Return of Service Placement means a total of forty eight (48) complete weeksofWork by You:
a)in an area that falls within the Australian Standard Geographical Classification - Remoteness Areas (ASGC-RA) 2-5; or
b)in any other area as specified or agreed by the Department from time to time.
Australian Standard Geographical Classification - Remoteness Areas (ASGC-RA) 2-5 means ASGC-RA during the period of this Agreement and during Your Return of Service Period. The ASGC-RA is a classification system developed by the Australian Bureau of Statistics and amended from time to time.
Business Day means (a) for receiving a notice under clause 13, 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;
Commencement date means the date the last party signs this Deed;
Commonwealth means the Commonwealth of Australia;
Commonwealth Funded Internship means the intern place that You accept under this Agreementcommencing in the 2018calendar year;
Commonwealth Internship Cost means the funding amount paidby the Commonwealth to theInternship Provider for the provision of a Commonwealth Funded Internship place;
Credit means the number of weeks of Work You undertake during Your Commonwealth Funded Internship in an ASGC-RA 2-5 location and will be the number of weeks deducted from Your Return of Service Period;
Department means the Department of Health or such other department or agency which is from time to time responsible for the administration of this Agreement;
Department of Human Services means the Commonwealth department which as at the date of this Agreement has administrative responsibility for Medicare;
Exceptional Circumstance means a circumstance beyond Your control, which was not reasonably foreseeable at the time You entered this Agreement and which prevents You from fulfilling an obligation or obligations under this Agreement, including but not limited to illness or temporary or permanent incapacity;
General Registration means registration as a Medical Practitioner granted to practitioners who have graduated from an accredited program of study in the profession and completed any required period of supervised practice or internship;
Interest means interest calculated on a daily compounding basis at the 90 day bank accepted bill rate as published by the Reserve Bank of Australia, less 10 basis points;
Internship Provider means the organisation that has received payment of the Commonwealth Internship Cost for Your Commonwealth Funded Internship as detailed in Item B of the Schedule;
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;
Migration Act means the Migration Act 1958 (Cth) and the Migration Regulations 1994 (Cth);
Professional Service has the same meaning as in the Health Insurance Act 1973 (Cth);
Return of Service Period means a period or periods totallingforty eight (48) complete weeks ofWork;
Twenty (20) Hours Per Weekmeans a minimum of 20 hours of Professional Services or 20 hours of salaried Work, or any combination of both for a minimumof 20 hours,that You provide each week;
University means a university in Australia through which Youcompleted Your Medical Course; and
Work meansa Medical Practitioner providing clinical medical services during the Return of Service Period.
1.2In this Agreement, 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)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
(g)the Schedule and any attachments form part of this Agreement and where any conflict arises between the terms and conditions contained in the clauses of this Agreement and any part of the Schedule (and attachments if any), the terms and conditions of the clauses in this Agreement prevail to the extent of the inconsistency.
2.OBLIGATIONS OF THE COMMONWEALTH TO YOU
2.1Subject to appropriation by the Parliament, the Commonwealth shall pay the Internship Provider an amount for the intern year to fund Your Commonwealth Funded Internship Place. That amount is the Commonwealth Internship Cost.
3.YOUR OBLIGATIONS TO THE COMMONWEALTH
3.1You agree:
(a)to successfully complete the Commonwealth Funded Internship within 12 months, and obtain General Registrationas a Medical Practitioner within 18 months,after commencementof Your Commonwealth Funded Internship;and
(b)to completeWork in an Approved Return of Service Placement within five (5) years of commencing Your Commonwealth Funded Internshipsubject to clause 3.2; and
(c)to Work in an Approved Return of Service Placement for the Return of Service Period on the following basis:
(i)You must Work for a minimum period of four (4) continuous weeks; and
(ii)You must Work for a minimum of Twenty (20) Hours Per Week during the Return of Service Period; and
(iii)any hours of Work in excess of Twenty (20) Hours cannot be counted in any other week; and
(d)unless You are already an Australian citizen or You obtain Australian citizenship or permanent residency, to maintain and comply with all Your visa requirements under the Migration Act for the period during and until completion of Your Commonwealth Funded Internship and for the period during and until completion of Your Approved Return of Service Placement.For the avoidance of doubt, obtaining Australian citizenship or permanent residency between execution of this Agreement and completion of Your Return of Service Period will not alter Your obligations under this Agreement.
3.2If You commence an Approved Return Of Service Placement that subsequently ceases to be an Approved Return of Service Placement You are entitled to continue to Work in that placement forthe Return of Service Period in fulfilment of Your obligations under this Agreement.
3.3If You have completed all of Your Commonwealth Funded Internship as an employeeof a hospital located in an Australian Standard Geographical Classification - Remoteness Areas (ASGC-RA) 2-5 and provide satisfactory written evidence of this,Your Commonwealth Funded Internship will satisfy all requirements of Your Return of Service Period and You will have no further obligations under this Agreement;
3.4If You have completed any part of Your Commonwealth Funded Internship in an area that is within the Australian Standard Geographical Classification - Remoteness Areas (ASGC-RA) 2-5, You may be eligible to receive a Credit towards Your Return of Service Period.
3.5If You canprovide written evidence satisfactory to the Department to verify Your claim for a Credit under clause 3.4 You mayreceive a Credit towards your Return of Service Period equivalent to the duration of Work spent in an ASGC-RA 2-5. This Credit will reduce Your Return of Service Period.
3.6For the avoidance of doubt, You may render a Professional Service during the period following completion of Your Commonwealth Funded Internship and commencement of Your Approved Return of Service Placement.
4.DEFERRAL
4.1You may defer Your Approved Return of Service Placement obligations as required by clauses3.1(b) and (c):
(a)for up to 12 months in respect of each child (or children in the case of multiple births) born to or adopted by You after the date of this Agreement, 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, and the period of the deferral, which must include the day on which the child (or children in the case of multiple births) was born or adopted, together with supporting documentation;
(b)in any other case involving Exceptional Circumstances, where You have applied in writing to the Department for approval for deferral, and the Department has given approval;
(c)Any approval which may be given under clause4.1(b) is at theDepartment’s discretion andmay be subject to further conditions.
4.2You agree to provide such information as the Department requires tosubstantiate any deferral under clause4.1 (a), or application for deferral under clause4.1(b).
5.YOUR OBLIGATIONS TO NOTIFY DEPARTMENT
5.1 You agree to notify the Department in writing, including providing information that the Departmentmay require to substantiate such events, of any of the following within 30 days after one or more of the following events occur:
(a)any change of Your contact details, including Your postal address, email address and telephone numbers;
(b)Your failure of any part of the Commonwealth Funded Internship that extends the period to complete the Commonwealth Funded Internship;
(c)Your discontinuance, failure of, exclusion or suspension from the Commonwealth Funded Internship;
(d)If You no longer hold avisa as required under the Migration Act during the period of Your Commonwealth Funded Internship or during the period of Your Approved Return of Service Placement;
(e)If Your citizenship or permanent resident status changes (to avoid doubt this includes if You commenced Your internship without being an Australian citizen or permanent resident and become an Australian citizen or permanent resident before completing Your Return Of Service Placement);
(f)Your completion of the Commonwealth Funded Internship;
(g)Your General Registration as a Medical Practitioner;
(h)You commenceYour Approved Return of Service Placement. You must provide the Department with the date, location and Your employer’sdetails;
(i)Changes to the location and employer details of an Approved Return Of Service Placement;
(j)the date on which You complete Your Approved Return Of Service Placement;
(k)annual renewal of Your General Registration as a Medical Practitioner;
(l)any other changes in Your circumstances that may affect this Agreement.
5.2You agree to notify the Department in writing if You wish to withdraw from Your Commonwealth Funded Internship.
5.3You agree to notify the Department in writing if You wish to withdraw from Your Approved Return of Service Placement.
5.4You agree to provide the Department with such information as the Department may request relating to Your accountability to the Commonwealth under this Agreement.
6.BREACH OFTHIS AGREEMENT
6.1If You:
(a)discontinue or withdraw from the Commonwealth Funded Internship and consequently the Initiative, after commencing the Commonwealth Funded Internship;
(b)are excluded, suspended or terminated from the Commonwealth Funded Internship at any time after commencing the Commonwealth Funded Internship;
(c)do not gain General Registration asa Medical Practitionerwithin 18months after commencement of the Commonwealth Funded Internship;
(d)do not completean Approved Return of Service Placement in accordance with clause 3.1(b) and (c), excluding any period of deferral under clause 4.1;
(e)fail to Work in an Approved Return of Service Placement for the Return of Service Period in accordance with clause 3.1(c);
then You will have breached this Agreement, unlessthe Department in its discretion otherwise determines, and clause 7 and 8 will apply.
6.2Apart from recovery of the Commonwealth Internship Cost under clause 7, the Department will not seek damages in respect of any breach of this Agreement by You.
6.3If Youbreach this Agreement under clause6.1 the Departmentmay, in its absolute discretion, immediately terminate this Agreement by written notice to You.
6.4If the Department terminates this Agreement under clause 6.3, then clauses7 and 8 and any other provision in this Agreement which enables the Departmentto recover money from You for breach under clause 6.1 will survive that termination.
7.RECOVERY OF COMMONWEALTH INTERNSHIP COST
7.1You will not have to repay any of the Commonwealth Internship Cost for Your Commonwealth Funded Internship if You fulfil Your obligations under clause 3.1.
7.2If Youdo not comply with your obligations under this Agreement as set out in clause 3.1, then subject to the exercise of any Departmentaldiscretion in accordance with clause 7.4, the Commonwealth may claim from You as a debt the Commonwealth Internship Cost plus Interest as an amount calculated in accordance with clause 7.3.
7.3The amount that is referred to in clause 7.2 (before Interest is applied) is the Commonwealth Internship Cost in the amount up to a maximum amount of $140,000 which is a genuine pre-estimate of the loss suffered by the Commonwealth as a result of Yourbreach.
7.4The Departmentmay reduce the amount You would otherwise owe the Commonwealth under clause 7.3 to such amount as the Department, in its discretion, determines. The parties acknowledge and agree that any determination by the Departmentmay be subject to further conditions.
7.5The amount to be repaid referred to in clause 7.2 and 7.3 becomes payable from the day that Youbreach this Agreement. In addition, Interest will also be applied three (3) Months from the date of the breach, and will be compounded on a daily basis on the outstanding amount until it is paid in full.
8.ELIGIBILITY FOR MEDICARE BENEFITS
8.1If You commit a breach of this Agreement to which clause 6.1 refers then, in accordance with section 19ABA of the Health Insurance Act 1973, Medicare benefits will not be payable in respect of Professional Services rendered by or on behalf of You for a period equal to twice the Return of Service Period, or a period of two (2) years from:
(a)where you do not commence the Return of Service Period – the day after the date five(5) years from commencement of Your Commonwealth Funded Internship; or
(b)subject to clause 3.1(c) where you have commenced but do not complete your Return of Service Period within five (5) years from commencement of Your Commonwealth Funded Internship – the day after You cease Work. In this case the period of two (2) years is reduced by double the number of complete weeks You have Worked.
8.2The Department may reduce the period during which Medicare benefits will not be payable calculated under clause 8.1 as the Department, in its discretion, determines. Any determination by theDepartmentpursuant to this clause may be subject to further conditions.
9.EXCEPTIONAL CIRCUMSTANCES
9.1If You are unable to comply with any of Your obligations under this Agreement, the Departmentmayconsider anyExceptional Circumstance that may exist in Your particular case, such as Your temporary or permanent incapacity or illness. You will be required to provide sufficient independent evidence to support Your Exceptional Circumstance. Assessment of Your temporary or permanent incapacity or illness may require a medical assessment by a Medical Practitioner selected by the Department. Exceptional Circumstances will be considered by the Departmenton a case by case basis and the parties acknowledge and agree that the Department’s decision may be subject to further conditions.
10.AGREEMENT AND AUTHORITY TO RELEASE INFORMATION
10.1You agree that the Department may supply and exchange information (including personal information such as email, phone and address details) about You to, and receive information about You, from:
(a)Department of Human Services, or such other department as may from time to time be responsible for the administration of Medicare;
(b)Your University;
(c)Your Internship Provider;
(d)Your employer where You perform Your Commonwealth Funded Internship;
(e)Your employer where You perform Your Approved Return of Service Placement;