About the 2015 AGPT Program Policies

Transcription

1 About the 2015 AGPT Program Policies 1. Introduction 1.1. This document is an introduction to the 2015 Australian General Practice Training (AGPT) program policies. It describes the rationale for the 2015 AGPT program policies. It also provides some common definitions used in those policies, and background on how the policies were developed and their legal basis. 2. Background 2.1. General Practice Education and Training (GPET) undertook an AGPT program policy review in 2009 and as a result of that review a number of new policies became operational in GPET has adopted a regular review regimen whereby policy reviews are conducted every three to five years. The 2015 AGPT program policies are the culmination of the 2013/2014 policy review, which is the first policy review since A further reason for a complete policy review in 2013/2014 was the need to reflect and support: a) Changes to RACGP and ACRRM training standards b) Responsibility for RTP accreditation transitioning from GPET to the RACGP and ACRRM c) The introduction of new AGPT selection processes d) GPET s internal re-organisation creating an opportunity to consolidate policy management To commence the review process in 2013 GPET established internal and external AGPT policy review forums. The external group known as the AGPT Policy Review Group (APRG) comprised members of key stakeholders. The GPET Internal Review Group focussed on business integration between policy and information management Specialist representatives from organisations including but not limited to the Australian Defence Force (ADF), universities and GPET senior advisers were consulted to provide input into specific policies The policy review aligned with the GPET Strategic Plan Towards 2015 Quality Governance and business capability: GPET s business and decision-making processes and systems are rigorous, defensible and based on sound governance and efficient work practices The GPET Board is the final approval authority for the 2015 AGPT program policies. 3. Common definitions 3.1. The following common definitions are used in this document and throughout the 2015 AGPT program policies: ACRRM means the Australian College of Rural and Remote Medicine. AGPT or AGPT program means the Australian General Practice Training program. AGPT program training means all consultations, AGPT program education and program activities, the composition of which will vary depending on the registrar s stage of training and college requirements. The term training is also used when it is clear that it means AGPT program training Anti-discrimination legislation means the anti-discrimination Acts (Commonwealth) and anti-discrimination Acts (State and Territory). Anti-discrimination Acts (Commonwealth) is defined in clause 6.1 of this document.

2 Anti-discrimination Acts (State and Territory) is defined in clause 6.2 of this document. College means either RACGP or ACRRM. Colleges means RACGP and ACRRM. College standards refers to the guidelines stipulated by a college for general practice and any general practice training environment including AGPT program training. The standards have application to various individual and entities in the training environment including registrars, supervisors, medical educators, training practices and regional training providers. GPET means General Practice Education and Training Limited. Postgraduate Year 01 or PGY01 means the Intern year, also called internship, which is completed at a civilian hospital. During PGY01, the graduate is still under training and will not gain full registration as a doctor until successful completion of this year. Postgraduate Year 02 or PGY02 means the year working as a doctor after general registration as a doctor. Normally PGY02 is done in the same hospital where the doctor did PGY01. Privacy legislation is defined in Part 8 of this document. RACGP means Royal Australian College of General Practitioners. RIDE means registrar index data exchange. Registrar means a registrar undertaking training in the AGPT program. RTP means regional training provider AGPT program policies means in addition to this document the suite of 10 AGPT program policies promulgated in Review process GPET s responsibilities 4.1. GPET, as the presiding organisation responsible for AGPT policy development, implementation and application in 2014, oversaw the policy review process and was responsible for decisions about revised inclusions and exclusions in draft versions of the policies. GPET sought contributions from invited key stakeholders and, where possible, strove to incorporate recommendations and representations from these stakeholders to the revised policies. Stakeholder responsibilities 4.2. Each representative on the external APRG and the GPET Internal Review Team was responsible for contributing to policy review discussions and reporting information to their respective stakeholder organisations and teams. 5. Procedural fairness and appeals 5.1. Some of the 2015 AGPT program policies allow for the exercise of discretions that can affect, for example, the course of a registrar s advancement through the AGPT program. In the case of bodies that have enabling legislation, administrative decisions are generally subject to a statutory right of administrative review, such as (at the Commonwealth level) the Administrative Appeals Tribunal Act 1975 or the Administrative Decisions (Judicial Review) Act Because AGPT does not have enabling legislation, it is recognised the need for a robust system of procedural fairness, and an avenue for review of administrative decisions. Page 2

3 Accordingly one of the 2015 AGPT program policies, Appeals Policy 2015 was developed to build on the former Appeals Policy Anti-discrimination 6.1. The anti-discrimination Acts (Commonwealth) comprise the following Acts and any subordinate legislation made under those Acts: a) Age Discrimination Act 2004 b) Disability Discrimination Act 1992 c) Racial Discrimination Act 1975 d) Sex Discrimination Act The anti-discrimination Acts (State and Territory) comprise the following Acts and any subordinate legislation made under those Acts: a) Discrimination Act 1991 (ACT) b) Anti-Discrimination Act 1991 (NSW) c) Anti-Discrimination Act 1991 (Qld) d) Equal Opportunity Act 1984 (SA) e) Anti-Discrimination Act 1998 (Tas) f) Anti-Discrimination Act 1996 (NT) g) Equal Opportunity Act 2010 (Vic) h) Equal Opportunity Act 1984 (WA) The anti-discrimination legislation applies to RTPs and their activities. This is because the anti-discrimination legislation applies generally to all persons within the relevant jurisdiction. The meaning of person for the purposes of the anti-discrimination legislation is not limited to natural persons, and includes RTPs Anti-discrimination legislation applies to RTPs because: a) In each of the anti-discrimination Acts (Commonwealth) the Commonwealth has expressly provided for the Act s concurrent operation with anti-discrimination Acts (State and Territory) ruling out direct inconsistency b) As a matter of legal risk, based on the absence of relevant case law that any of the anti-discrimination Acts (State and Territory) is inconsistent with the antidiscrimination Acts (Commonwealth), the sensible course is to assume that the antidiscrimination Acts (State and Territory) are valid and binding in their entirety The anti-discrimination legislation makes discrimination on particular grounds unlawful. There are some differences between each of the jurisdictions, but generally speaking, the following proscribed grounds can be found across all or most jurisdictions by way of the anti-discrimination legislation: e) Race: can encompass discrimination on the basis of colour, descent, ethnic origin, national origin, ethnicity, nationality f) Sex: can encompass discrimination on the basis of marital status, pregnancy, family responsibilities, sexuality, gender identity and history g) Disability: can encompass discrimination on the basis of being a person s carer, assistant, discrimination in relation to assistance animals and disability aids h) Age: can encompass discrimination on the basis of an age group In summary, this document acknowledges that the anti-discrimination legislation applies to RTPs and therefore to the AGPT program including the 2015 AGPT program policies. The anti-discrimination Acts (State and Territory) apply only in their respective jurisdictions. Page 3

4 7. Privacy protection 7.1. Privacy legislation occurs at the Commonwealth level and also at the State and Territory level. For the purposes of the 2015 AGPT program policies and the general administration of the AGPT program, the Commonwealth Privacy Act 1988 is the most relevant. State and Territory privacy protection legislation generally applies only to state public sector organisations and local authorities, and therefore would not generally apply to RTPs In common law, privacy is a limited concept, although some aspects of privacy are protected by trespass, nuisance, breach of confidence and copyright laws. 8. The AGPT program training environment 8.1. The AGPT program training environment can be complex because it involves a number of bodies, agencies, and service providers. The colleges have their own requirements. The policies contained in the 2015 AGPT program policies are not intended to contradict the lawful requirements of those other entities. 9. Entitlements from previous program policies 9.1. The 2015 AGPT program policies apply to all registrars in the 2015 program. Entitlements received under previous program policies, such as program leave, will be carried forward and deemed expended under the 2015 AGPT program policies. 9.2 The National Program Manager should be consulted on any unresolved issues pertaining to the transition of existing registrar entitlements to the 2015 policies that directly impact individual registrars. 10. Obsolete policies The Training Outside of AGPT Policy 2010 has been deleted from the suite of 2015 AGPT program policies. Page 4

5 Additional notes Related documents The 2015 AGPT program policies: Australian Defence Force (ADF) Policy 2015 Appeals Policy 2015 Extension of Training Time Policy 2015 Leave from Program Policy 2015 Remediation Policy 2015 Training Location Obligations Policy 2015 Training Time Policy 2015 (Previously Full Time Equivalence Policy) Transfer Policy 2015 Withdrawal Policy 2015 Citation This document may be cited as About the 2015 AGPT Program Policies. Document history This document, About the 2015 AGPT Program Policies, does not have a previous counterpart. Version control This is version 1.0, of 22 nd October Page 5