This Award shall be known as the Salaried Senior Medical Practitioners (State) Award

"Award" means the Salaried Senior Medical Practitioners (State) Award.

"Corporation" means the Health Administration Corporation as defined by the Health Administration Corporation Act 1982 (NSW) or its equivalent from time to time.

"Employer" means an Area Health Service listed in the Area Health Services Act 1986 (NSW) or a Health Service/Hospital/Institution/Organisation listed in the Second,Third or Fourth Schedule of the Public Hospitals Act 1929. "Entitlements" means entitlements pursuant to this Award as varied from time to time.

"Federation" means the Australian Salaried Medical Officers' Federation (New South Wales)

"Health System" means the Public Health System of New South Wales.

"Hospital" means any institution or organisation listed in the Public Hospitals Act, 1929 or its equivalent from time to time.

"Normal Duties" means clinical or other duties and responsibilities undertaken by the Senior Medical Practitioner:

(i) which fall between the hours of 8:00 am and 6:00 pm Monday to Friday; or,
(ii) for 10 sessions per week; or,
(iii) for sessions as otherwise agreed; or,
(iv) performed according to a Part-Time Agreement.

In addition, the Senior Medical Practitioner will be available for reasonable on call and recall duties outside of Normal Duties. "Part Time Agreement" means an agreement between a Senior Medical Practitioner and the Employer for the Senior Medical Practitioner to provide his/her services on a part time employment basis pursuant to Clause 7 of this Award.

"Postgraduate Fellow" means an employee who has completed post graduate medical training but who has not yet been appointed as a specialist/senior specialist and who occupies a position classified as Postgraduate Fellow.

"Practice" means clinical or other duties and responsibilities undertaken by the Senior Medical Practitioner.

"Salary " means the salary set out in Schedule 1 to this Award as varied from time to time by Clause 4 of this Award.

"Senior Medical Practitioner" means a Specialist, Senior Specialist and Post Graduate Fellow (except where specifically excluded).

"Specialist" means a person appointed as such by an Employer who -

(a) holds a medical qualification that is registrable in New South Wales; and

(b) after full registration has spent not less than five years in the practice of medicine in the Health System or in any other institution, whether in New South Wales or elsewhere, deemed by the Employer to be of equivalent standing; and

(c) inclusive within the period described in (b) above has spent not less than three years in supervised specialist training and/or experience; and

(d)

(i) has obtained an appropriate higher medical qualification recognised by the National Specialist Qualifications Advisory Committee or its equivalent from time to time and such higher medical qualification in his/her specialty is acceptable to the Employer, or

(ii) if the qualification is not recognised by the National Specialist Qualifications Advisory Committee or its equivalent from time to time, and the person has obtained an appropriate higher medical qualification in his/her specialty acceptable to the Employer after consideration by the Medical Appointments Advisory Committee of the Employer.

Senior Medical Practitioners who are paid pursuant to this Award or an Enterprise Agreement in place immediately before the commencement of this Award and whose medical qualification is not currently recognised by the National Specialist Qualifications Advisory Committee or its equivalent from time to time, will continue to be recognised as Senior Medical Practitioners for the purpose of this Award.

"Senior Specialist" means a person who -

(a) has been employed by an Employer on the maximum salary provided by this Award or the Award for a Specialist for a period of at least three years; and/or

(b) has gained such experience and attained such ability in his/her specialty which is acceptable to the Employer after consideration by the Medical Appointments Advisory Committee of the employer to justify appointment to the classification; and

(c) is appointed to a position having such duties and responsibilities as are deemed by the Employer to require the services of a Senior Specialist.

(a) All parties must:

(i) use their best endeavours to co-operate in order to avoid grievances and disputes arising between the parties or between the Employer and individual Senior Medical Practitioners; and

(ii) abide by the procedures set out in this Clause to resolve any issue which might arise; and

(iii) place emphasis on negotiating a settlement of any issue at the earliest possible stage in the process.

(b) In this Clause, "issue" means any question, issue, grievance, dispute or difficulty which might arise between the parties about the interpretation, application or operation of this Award.

(c) The following procedures will be facilitated by the earliest possible advice by one party to the other of any issue or problem which may give rise to a grievance or dispute.

(d) Any issue must be discussed in the first instance by the Senior Medical Practitioner and his or her immediate supervisor.

(e) If the issue is not resolved within a reasonable time it must be referred by the Senior Medical Practitioner's immediate supervisor to the Chief Executive Officer of the Employer (or his or her nominee). Discussions at this level must take place and be concluded within a reasonable time or such extended period as may be agreed.

(f) If the issue remains unresolved the Senior Medical Practitioner may request the Federation to then confer with the Chief Executive Officer or his/her nominee. The conclusions reached by those representatives must be reported to the parties involved in the grievance/dispute within a reasonable time or such extended period as may be agreed.

(g) If these procedures are exhausted without the issue being resolved, either party may seek to have the matter mediated by an agreed third party being:

(i) by way of preference, a person who is not employed as a Senior Medical Practitioner by the Employer and who has a knowledge of Senior Medical Practitioner arrangements, including this Award; or

(ii) a suitably qualified mediator.

If the matter remains unresolved either party may then
- refer the matter to the Health Administration Corporation, or
- refer the matter in accordance with the provisions of the Industrial Relations Act 1996 (NSW) to the Industrial Relations Commission for its assistance in resolving the issue.

(h) The parties agree that normal work will continue and there will be no stoppages of work or any other bans or limitations on the performance of work while these procedures are being followed.

(i) The Employer must ensure that all practices applied during the operation of these procedures are in accordance with safe working practices.

(j) Throughout all stages of these procedures adequate records must be kept of all discussions.

a) A full time Senior Medical Practitioner will be paid the salary as set out in Schedule 1 of this Award.

b) A Postgraduate Fellow will be paid the salary as set out in Schedule 1 of this Award.

c) A Senior Medical Practitioner will progress to the next incremental step on the anniversary date of his/her commencement as a Senior Medical Practitioner pursuant to Clause 2, Definitions.

d) This clause does not preclude the Employer, at the Employer's sole discretion:

i) initially appointing a Senior Medical Practitioner to a higher step within the Staff Specialist range; or

ii) accelerating a Senior Medical Practitioner through the steps within the Staff Specialist range irrespective of the length service.

Such accelerated progression does not include the Senior Specialist rate, which can only be accessed by appointment to a Senior Specialist position, in accordance with the definition in Clause 2 of this Award.

e) A weekly rate will be ascertained by dividing the annual amount by 52.17857 or the annual rate will be ascertained by multiplying the weekly rate by 52.17857.

Note: This clause shall not apply to a Senior Medical Practitioner employed as at the date of commencement of this Award who is remunerated in accordance with an existing contract relating to managerial responsibilities (however termed). This clause shall commence to apply when the existing contract expires.

(a) It is an expectation that a certain level of management responsibility is an essential part of the duties of a salaried senior medical practitioner.

(b) In addition to the salaries prescribed by this Award, a salaried Senior Medical Practitioner required by the Employer to undertake additional responsibilities specifically associated with the management of a unit, department or service shall be paid an additional allowance as set out in Schedule 1 to this Award.

The managerial allowances set out in Schedule 1 shall take effect from the beginning of the first full pay period commencing on or after 30 November 1997.

(c) To be eligible for consideration of payment of this allowance, the additional management responsibilities will include direct line responsibility for a unit, department or service and involvement in a number of, but not necessarily all, of the following:

(i) cost centre management including budget preparation and management of allocated budget

(ii) line management personnel responsibilities and supervision of staff

(iii) participation in planning and policy development

(iv) responsibility for the co-ordination of research, training or teaching programs

(v) membership and participation in senior executive management teams

(vi) quality improvement co-ordination.

(d) The Managerial Allowance at the Level 1 rate is payable to Senior Medical Practitioners who satisfy the criteria in (c) and who are specifically required by the Employer to undertake these additional managerial responsbilities.

(e) The Managerial Allowance at the Level 2 rate is payable to those Senior Medical Practitioners satisfying the criteria in (c) and (d) who, in the assessment of the Employer, have significant additional managerial responsibility involving multiple cost centres and/or units, services and departments. This level would also be payable for single speciality Area-wide responsibilities.

(f) The Managerial Allowance at the Level 3 rate is payable to those Senior Medical Practitioners who, in addition to satisfying the criteria in (e), have a level of managerial responsibility deemed by the Employer to require an allowance at the Level 3 rate, eg. multi-speciality Area-wide responsibility or management of an aggregation of all specialitieswithin a hospital.

(g) The Managerial Allowances are not cumulative and are only payable for the period in which the Senior Medical Practitioner has been allocated the additional managerial responsibilities by the employer.

(h) The Managerial Allowances shall be paid during paid absences on approved leave, on termination of employment (on the basis of pro rata the annual amount for each week of paid leave) and for superannuation and voluntary redundancy purposes.

(a) Each Senior Medical Practitioner will have a written annual Performance Agreement developed jointly by the Practitioner and his/her designated supervisor. The Performance Agreement will be developed and completed within one month of the offer of a draft performance agreement. A Senior Medical Practitioner who at the time of signing of this Award does not have a written Performance Agreement, will develop and complete a Performance Agreement within one month of the offer of a draft performance agreement.

(b) The Senior Medical Practitioner and his/her designated supervisor will jointly review the practitioner¦s performance under the Performance Agreement twice in each 12 month period.

(c) The Performance Agreement will be reviewed and updated annually by the Senior Medical Practitioner and his/her designated supervisor.

In exceptional circumstances where agreement has not been reached within the specified time the parties will continue to work towards finalisation of the Performance Agreement. In the event that agreement is not reached either party may utilise the provisions of the Issue Resolution procedure provided for in Clause 3 of this Award.

(d) Each Performance Agreement must be endorsed by the Employer's Chief Executive Officer or his/her nominee.

(e) A Performance Agreement will include, but not necessarily be limited to, the following:

* General job description (including clinical duties) and location of work

* Any specific variations from time to time

* Expectations in respect of management responsibilities, quality activities, post graduate and undergraduate teaching activities, continuing education, research, customer focus activities, health outcomes

* Any proposed variations in "Normal Duties" e.g. college activities

* Private billing expectations for Level 1 Senior Medical Practitioners

* Any written agreements re part-time employment, geographic limits and outside practice

* Where appropriate, any financial, activity targets or health targets

* Subject to available resources, specific commitments and standards from the employer for the provision of clinical support, including staff, equipment, facilities and billing.

* Time commitments on management tasks including workload and performance reviews and the support to be provided by the Employer including systems and information subject to available resources to make best use of the Senior Medical Practitioners' time in planning and monitoring activities.

The above items may be developed to more appropriately reflect the Employer's requirements.

(f) Each assessment is to include an evaluation of the Senior Medical Practitioner's level of achievement of specified service improvement objectives which are agreed between the Senior Medical Practitioner and his/her supervisor.

(a) Senior Medical Practitioners covered by this Award may with the approval of the Employer, in portions of 10% (or other percentage as agreed), engage in part- time employment by entering into a written Part Time Agreement. A 10% portion of a Part Time Agreement, for the purpose of this Clause, will be 1 session per week.

The Part Time Agreement must be by agreement between the Senior Medical Practitioner and the Employer.

(b) Transfer from a Part Time Agreement to full time employment must be by mutual agreement between the Senior Medical Practitioner and the Employer.

(c) A dispute on the operation of a Part Time Agreement must be dealt with pursuant to Clause 3 Issue Resolution.

(d) A Senior Medical Practitioner employed under a Part Time Agreement pursuant to this Clause will be entitled to accrue all entitlements including salary on a proportionate basis to a Senior Medical Practitioner employed on a full time basis.

(e) A Senior Medical Practitioner who works pursuant to a Part Time Agreement will progress to the next incremental step every 12 months from the date of the Senior Medical Practitioners commencement of employment, provided the work performed by the Senior Medical Practitioner extraneous to the Part Time Agreement is commensurate with the experience of a full-time Senior Medical Practitioner and is acceptable to the Employer. This subclause does not preclude accelerated progression.

(f) Senior Medical Practitioners employed pursuant to a Part Time Agreement must be available to participate on the on call roster to a reasonable extent.

All practice may not necessarily be confined to the geographic limits of the Employer. Senior Medical Practitioners may engage in practice outside the geographic limits of the Employer while performing Normal Duties, including places of work extraneous to the Public Health System.

Where a Senior Medical Practitioner engages in practice outside the geographic limits of the Employer while performing Normal Duties, the following will apply:

(a) There must be agreement between the Senior Medical Practitioner and the Employer. The Agreement must be in writing, setting out the agreed duties and proposed geographic location of practice where those agreed duties are to be performed.

(b) A breach of the Agreement referred to in (a) above, will be dealt with in accordance with Clause 3 Issue Resolution.

A Senior Medical Practitioner, either employed full-time or part-time, may seek the Employer¦s agreement to permit him/her to engage in practice outside his/her Normal Duties. Any such agreement must be in writing and must not conflict with the Senior Medical Practitioner¦s commitments to the Health System or the Code of Conduct issued by the Department of Health as varied from time to time and must not include practice in any facility in which he/she carries out his/her Normal Duties. Agreement will not be unreasonably withheld.

(a) The Employer may establish a classification of Postgraduate Fellow to be utilised for medical staff who have completed postgraduate medical training but have not yet been appointed as a Specialist/Senior Specialist in accordance with the definition in Clause 2 of this Award

(b) Appointment will be limited to one year with eligibility for re-appointment on an annual basis for a maximum of 3 years unless there is specific agreement between the individual and the employer for a lesser period.

(c) Remuneration will be as outlined in Schedule 1 to this Award.

(a) All Senior Medical Practitioners shall be allowed 5 weeks annual leave on full pay in respect of each 12 months service with an Employer plus 1 day on full pay in respect of each public holiday occurring within the period of such leave.

(b) Annual leave shall be given and shall be taken within a period of 6 months after the date when the right to the annual leave accrued; provided that the giving and taking of the whole or any separate period of such annual leave may, by mutual agreement between the Employer and the Senior Medical Practitioner be postponed for a further period not exceeding 6 months.

(c) If the Senior Medical Practitioner and the Employer so agree, the annual leave or any such separate period may be taken wholly or partly in advance, before the Senior Medical Practitioner has become entitled to that leave, but where leave is taken in such circumstances a further period of annual leave shall not commence to accrue until the expiration of the 12 months in respect of which the annual leave or part thereof has been so taken.

(d) Except as provided by this clause, payment shall not be made by an Employer to a Senior Medical Practitioner in lieu of any annual leave or part thereof nor shall any such payment be accepted by the Senior Medical Practitioner.

(e) Subject to the provisions of the New South Wales Annual Holidays Act 1944, the Senior Medical Practitioner and the Employer should determine a mutually agreeable date from which annual leave is to be taken and unforseen circumstances excepted, agreement should be reached two months prior to the commencement of the annual leave.

(f) The Employer shall pay each Senior Medical Practitioner before entering upon annual leave his/her salary for the period of leave if requested by the Senior Medical Practitioner, otherwise, the payment will be made in the usual pay period.

(g) Where the employment of a Senior Medical Practitioner is terminated, the Senior Medical Practitioner shall be entitled to receive proportionate payment for each completed month of service at the Salary which such Senior Medical Practitioner is entitled under this Award.

(h) Where the annual holiday under this clause or any part thereof has been taken in advance by a Senior Medical Practitioner pursuant to subclause (c) of this clause, and

(i) the employment of the Senior Medical Practitioner terminates before he/she has completed the year of employment in respect of which such annual holiday or any part was taken; and

(ii) the sum paid by the Employer to the Senior Medical Practitioner as ordinary pay for the annual holiday or any part so taken in advance exceeds the sum which the Employer is required to pay to the Senior Medical Practitioner under subclause (f) of this clause;

the Employer shall not be liable to make any payment to the Senior Medical Practitioner under the said subclause (f), and shall be entitled to deduct the amount of such excess from any remuneration payable to the Senior Medical Practitioner upon the termination of the employment.

(i) Senior Medical Practitioners are entitled to Annual Leave Loading in accordance with the provisions of Departmental Circular 95/85 as amended from time to time.

(a)

(i) Each Senior Medical Practitioner shall be entitled to two months long service leave on full pay or four months long service leave on half pay after 10 years service; thereafter additional long service leave shall accrue on the basis of 5 months long service leave or ten months on half pay for each ten years service.

The right of a Senior Medical Practitioner to exercise a right to long service leave on half pay is subject to mutual agreement between the Senior Medical Practitioner and the Employer. Agreement by the Employer will not unreasonably be withheld.

(ii) Where the services of a Senior Medical Practitioner with at least 5 years service and less than ten years service are terminated by the Employer for any reason other than the Senior Medical Practitioner's serious and wilful misconduct, or by the Senior Medical Practitioner on account of illness, incapacity or domestic or other pressing necessity, he/she shall be entitled to be paid a proportionate amount for long service leave on the basis of 2 months long service leave for 10 years service.

(b) For the purposes of subclause (a) of this clause -

(i) Service shall mean continuous service with one or more Employer/s. For the purpose of this paragraph, continuous service shall have the same meaning as in the Transferred Officers Extended Leave Act, 1961

(ii) Broken periods of service with one or more Employers shall count as service:

(1) where a Senior Medical Practitioner, after ceasing with an Employer, is re-employed by the same or another Employer subsequent to the operative date of this Award, providing that the Senior Medical Practitioner has completed at least 5 years continuous service from the date of his/her being so re-employed.

(2) where a Senior Medical Practitioner was employed by an Employer at the operative date of this Award and was entitled to count broken service under the provisions of industrial instruments binding on the employer prior to the date of this Award.

(iii) Service shall not include:

(1) any period of leave without pay except in the case of Senior Medical Practitioners who have completed at least 10 years service (any period of absence without pay being excluded therefrom) in which case service shall include any period of leave without pay not exceeding 6 months taken after the operative date of this Award.

(c) Long service leave shall be taken at a time mutually arranged between the Employer and the Senior Medical Practitioner.

(d)

(i) On the termination of employment of a Senior Medical Practitioner, otherwise than by his/her death, the Employer shall pay to the Senior Medical Practitioner the monetary value of all long service leave accrued and not taken at the date of such termination and such monetary value shall be determined according to the Salary payable to the Senior Medical Practitioner at the date of such termination; provided that where a Senior Medical Practitioner is transferring from one Employer to another he/she may, if he/she so desires and by agreement with the Employer and the proposed Employer, be allowed to retain his or her credit to long service leave in lieu of payment of the monetary value under this Sub-Clause.

(ii) Where a Senior Medical Practitioner who has acquired a right to long service leave, or after having had 5 years service and less than 10 years service, dies, the Senior Medical Practitioner¦s estate, shall be entitled to receive the monetary value of the leave not taken or which would have accrued to such Senior Medical Practitioner had his/her services terminated as referred to in Sub-Clause (d) (i), and such monetary value shall be determined according to the Salary payable to the Senior Medical Practitioner at the time of his/her death.

(e) Rights to long service leave under this Clause shall be in replacement of rights to long service leave, if any, which at the commencement of this Award may have accrued or may be accruing to a Senior Medical Practitioner and shall apply only to persons in the employ of the Employer on or after the date of commencement of this Award. Where a Senior Medical Practitioner has been granted long service leave or has been paid its monetary value prior to the date of commencement of this Award, the Employer shall be entitled to debit such leave against any leave to which the Senior Medical Practitioner may be entitled pursuant to this Clause.

(f) During a period of long service leave at half pay exercised consistent with subclause (a) (i) of this Clause, a Senior Medical Practitioner's Award entitlements will continue to accrue at the full time equivalent rate except annual leave which will accrue at a rate of 50%.

A full-time Senior Medical Practitioner shall be entitled to sick leave on full pay calculated by allowing ten working days for each year of continuous service less any sick leave on full pay already taken, subject to the following conditions;

(a) The Employer may require the sickness to be certified to by a legally qualified medical practitioner approved by the Employer or may require other satisfactory evidence of the sickness.

(b) a Senior Medical Practitioner shall not be entitled to sick leave until after 3 months' continuous service.

(c) a Senior Medical Practitioner shall not be entitled to sick leave on full pay for any period in respect of which such Senior Medical Practitioner is entitled to workers' compensation; provided, however, that an Employer shall pay to a Senior Medical Practitioner who has a sick leave entitlement under this clause the difference between the amount received as workers' compensation and full pay. The Senior Medical Practitioner's sick leave entitlement under this clause shall, for each week during which such difference is paid, be reduced by that proportion of 1 week which the difference paid bears to full pay.

(d) For the purposes of this clause "service" means service in any of the positions covered by this Award, provided that any person who was employed by an Employer immediately prior to becoming a Senior Medical Practitioner in any position covered by this Award shall be entitled to add to his/her service under this Award the service that he/she has had under any other award/agreement covering his/her employment by such Employer(s) provided that Senior Medical Practitioners who are employed by an Employer at the date of the commencement of this Award shall retain to their credit until exhausted, any accumulation of sick leave to their credit immediately prior to such date, and provided further that such credit is not less than the entitlement otherwise prescribed by this clause.

(e) An Employer shall not terminate the services of a Senior Medical Practitioner, except on the grounds of misconduct, during the currency of any period of paid sick leave unless an agreed independent registered medical practitioner certifies that a Senior Medical Practitioner is fit to continue in employment and the employee refuses to resume duty.

(f) If a dispute arises as to whether an employee is fit to continue in employment, such dispute shall be addressed in accordance with Clause 3, Issue Resolution.

(i) The entitlement to Personal/Carer's Leave, Family and Community Services Leave for Senior Medical Practitioners is set out in Departmental Circular 97/11 or its equivalent from time to time.

(ii) The provisions of Departmental Circular 97/11 which relate to time off in lieu/payment of overtime have no application to Senior Medical Practitioners.

(i) The entitlement to Maternity and Adoption Leave for Senior Medical Practitioners is set out in Departmental Circular 87/235 issued by the Department of Health on 11 November, 1987 or its equivalent from time to time.

(ii) The provisions of the Industrial Relations Act 1996 will apply in relation to paternity leave.

A Senior Medical Practitioner required by the Employer to have a telephone for the purposes of official duty at his/her home address shall, on presenting an account relating to that telephone be reimbursed -

(i) three-quarters of the cost of the rental of the telephone; and

(ii) the cost of all official STD telephone calls or its equivalent.

Senior Medical Practitioners shall have access to reasonable office, secretarial and administrative support, as agreed between the Senior Medical Practitioner and the Employer, subject to resources being available. Mobile telephones and other communication devices may be provided to a Senior Medical Practitioner at the discretion of the Employer.

(a) Where the Employer determines that Fellowship of the Royal Australian College of Medical Administrators is an essential requirement for appointment to a medical administration position, the holder of that position will be paid as a Specialist Medical Administrator in accordance with the arrangements set out below.

Title Salary - Senior Medical Practitioner (SMP) Scale

Deputy Director of Medical Services B Step 1 = Year 1 SMP

Deputy Director of Medical Services A Director of Medical Services C Step 2 = Year 2 SMP

Director of Medical Services B Chief Executive Officer C Step 3 = Year 3 SMP

Director of Medical Services A Rural Area Director of Medical Services Chief Executive Officer B Step 4 = Year 4 SMP

Chief Executive Officer A Metropolitan Area Director of Medical Services Step 5 = Year 5 SMP

Step 6 = Senior SMP

Where a position covers more than one hospital, the highest-ranked hospital shall determine which step is applicable.

"Metropolitan" areas are Central Coast, Central Sydney, Hunter, Illawarra, Northern Sydney, South Eastern Sydney, South Western Sydney, Wentworth and Western Sydney.

Any Deputy Directors of Medical Services in Level C hospitals will not be paid under this Award.

Levels A, B and C are defined in lists of hospitals agreed between the parties, as varied from time to time.

(b)

(i) Subject to (b)(ii), there will be no progression between the salary rates in subclause (a) above.

(ii) A Specialist Medical Administrator may be appointed to the step immediately above the appointment level if he/she meets the requirements set out in the definition of senior specialist in Clause 2, Definitions. For the purposes of this clause, -maximum salary+ shall mean the Specialist Medical Administrator¦s appointment level. (c) Specialist Medical Administrators paid in accordance with this clause are not entitled to the provisions of Clause 5, Managerial Allowances.

(d) Except as otherwise provided, Specialist Medical Administrators paid in accordance with this clause are entitled to the terms and conditions of employment applicable to Senior Medical Practitioners. Specialist Medical Administrators paid in accordance with this clause are not entitled to the terms and conditions of employment applicable to medical superintendents.

(a) The Employer may direct a Senior Medical Practitioner to carry out such duties as are reasonable, and within the limits of the Senior Medical Practitioner's skill, competence and training consistent with his/her classification, grouping and/or career stream provided that such duties are not designed to promote deskilling.

(b) The Employer may direct a Senior Medical Practitioner to carry out such duties and use such equipment as may be required provided that the employee has been properly trained or has otherwise acquired the necessary skills in the use of and equipment.

(c) Any direction issued by the Employer pursuant to sub-clause (a) and (b) shall be consistent with the Employer¦s responsibilities to provide a safe and healthy work environment.

The Federation undertakes that until 31 December 1999 not to pursue any extra claims, award or over award unless specifically agreed to by the Parties.

a) This Award rescinds and replaces the Medical Officers - Hospital Specialists (State) Award published 3 October 1979 and all variations of that award.

b) It shall apply to all Senior Medical Practitioners as defined in Clause 2, Definitions, of this Award.

c) This Award will take effect the beginning of the first pay period to commence on or after ********** The Award, will remain in force until varied or rescinded.

Contents of the Rights of Private Practice

  1  DEFINITIONS
  2  PRIVATE PRACTICE ARRANGEMENTS
  3  FACILITY FEES
  4  ABNORMAL WORKING HOURS AND RECALL
  5  TRAINING, EDUCATION AND STUDY LEAVE
  6  ISSUE RESOLUTION

(a) The Definitions which appear in Clause 2 of the Salaried Senior Medical Practitioners (State) Award also apply to this Determination.

(b) In addition to the definitions referred to in sub-clause (a), the following definitions also apply to this Determination.

"Account" means the financial institution account in the name of the individual Senior Medical Practitioner or in the name of an agreed group of Senior Medical Practitioners.

"Arrangement" means a right of private practice arrangement.

"General Fund" means the operating budget of the Employer.

"Private Practice Trust Fund" means the fund in existence immediately prior to the commencement of this Determination or it's equivalent from time to time and which contains accounts in the name of an individual Senior Medical Practitioner or group of Senior Medical Practitioners.

"Charitable Trust Fund" means the fund into which the balance of the Private Practice Trust Funds are transferred at the end of each financial year.

(a)General Provisions

(i) Upon commencement of employment, a Senior Medical Practitioner shall elect to participate in a level arrangement ie either a Level 1, 2, 3, 4 or 5. Senior Medical Practitioners employed at the date of this Determination will make an election pursuant to this sub-clause immediately after the commencement of this Determination. A Senior Medical Practitioner may then, if he/she so chooses, elect prior to 30 June each year to change his/her level arrangement (drawing rights) to commence on 1 July of the following financial year. This election cannot be changed during the year unless by the mutual agreement of the Senior Medical Practitioner and the Employer. A Senior Medical Practitioner is under no compulsion to alter the level arrangement under which he/she works. A summary table of the private practice arrangements is provided in Schedule 1 of this Determination.

Current Scheme "D" Senior Medical Practitioners may only make an election in accordance with the provisions of subclause (d) below.

(ii) The salaries referred to in Schedule 2, Column 2 of this Determination, as varied from time to time to reflect the Award, shall be paid to Senior Medical Practitioners subject to the level arrangement elected. The salaries shall be paid during paid absences on approved leave and shall be paid where the monetary value of leave is paid on termination of employment. These salaries include the Award salary and the special allowance (17.4% of Award salary). PAYE deductions are to be made from these payments.

(iii) The allowances referred to in Schedule 2, Column 3 of this Determination shall be paid during paid absences on approved leave, where the monetary value of leave is paid on termination of employment and for superannuation and voluntary redundancy purposes. PAYE deductions are to be made from these payments.

(iv) Subject to subclause (v) below, the drawing rights referred to for Levels 2 to 5 (refer Schedule 2, Column 4) shall be payable during paid absences on workers¦ compensation (subject to a maximum of six months), approved annual, sick, long service, parental and training education and study leave but shall not be paid where the monetary value of leave is paid out on termination of employment. The drawing rights shall not be taken into account for the calculation of any entitlements or public sector superannuation purposes. PAYE deductions are not to be made from these payments.

(v) Senior Medical Practitioners working pursuant to part-time agreements or taking long service leave or maternity leave at half pay are entitled to drawing rights on a pro rata basis. Senior Medical Practitioners on leave without pay (including maternity/paternity leave) are not entitled to drawing rights.

(vi) Senior Medical Practitioners who elect either Level 2, 3, 4 or 5 will contribute to the same Private Practice Trust Fund or sub-ledger in accordance with subclause (viii) below.

(vii) An agreed group can elect to share all benefits of the Private Practice Trust Fund (subject to the Trustees¦ agreement) to the limit of their entitlement amongst the agreed group, irrespective of the length of service of any member of the agreed group.

(viii) An agreed group for the purpose of this clause means a group of Senior Medical Practitioners who elect to form a group for the purpose of a sub-ledger of the Private Practice Trust Fund.

(ix) All accounts for services rendered to private patients by a Senior Medical Practitioner working under Levels 1-5 are to be issued by the Employer acting as the agent for the Senior Medical Practitioner.

(x) The Employer must obtain, in writing, authority from each Senior Medical Practitioner to issue accounts in his/her name.

(xi) A Senior Medical Practitioner shall exercise his/her right of private practice subject to:

(1) the provisions of Clause 8 of the Award; and

(2) the private practice occurring within the agreed facilities; and

(3) the income arising from the exercise of such right of private practice (including the income generated whilst engaged in practice in accordance with Clause 8 of the Award) being paid into the Private Practice Trust Fund.

The provisions of this clause do not apply to "Outside Practice" pursuant to Clause 9 of the Award.

(xii) Payment of drawing rights up to the maximum prescribed (refer Schedule 2, Column 4) averaged over the year to date is to be made calendar monthly, subject to there being sufficient trust funds available.

(b) Level Arrangements

(i) Level 1

(1) A Senior Medical Practitioner who elects a Level 1 arrangement pursuant to this Clause, will be paid the salary referred to in Schedule 2, Column 2 of this Determination.

(2) A Senior Medical Practitioner who elects Level 1 shall be entitled to an allowance of 20% of salary (refer Schedule 2, Column 3) in return for the assignment of the proceeds of the Senior Medical Practitioner¦s private practice to the Employer.

(ii) Level 2

(1) A Senior Medical Practitioner who elects a Level 2 arrangement pursuant to this Clause will be entitled to salary referred to in Schedule 2, Column 2 of this Determination.

(2) A Senior Medical Practitioner who elects Level 2 shall be entitled to an allowance of 14% of salary (refer Schedule 2, Column 3).

(3) A Senior Medical Practitioner who elects a Level 2 arrangement will have drawing rights (to be made calendar monthly) up to a maximum of 24% of the full time salary applicable for a Level 4 arrangement for a Senior Medical Practitioner as referred to in Schedule 2, Column 2 of this Determination. Drawing rights are subject to sufficient individual or agreed group contributions being available in the Private Practice Trust Fund.

(4)

(A) For a Senior Medical Practitioner who has elected Level 2, where individual or agreed group contributions are not sufficient to permit drawings of up to 11% of salary (as provided in Schedule 2, Column 2) averaged over the year to date, supplementation equalling the difference between the drawings and 11% of salary will be made monthly by the Employer from that proportion of the charges which would otherwise have been appropriated as facility charges paid to the Employer by Senior Medical Practitioners.

(B) Where an individual Senior Medical Practitioner has elected a Level 2 arrangement and individual or agreed group contributions are sufficient to permit drawings of 11% of salary (as provided in Schedule 2, Column 2) averaged over the year to date but not sufficient to permit drawings of 18% of salary averaged over the year to date, supplementation equalling the difference between the drawings and 18% of salary will be made by the Employer monthly. The Employer supplementation is therefore up to 7% of salary, where this subclause applies.

(iii) Level 3

(1) A Senior Medical Practitioner who elects a Level 3 arrangement pursuant to this Clause will be entitled to salary referred to in Schedule 2, Column 2 of this Determination.

(2) A Senior Medical Practitioner who elects Level 3 shall be entitled to an allowance of 8% of salary (refer Schedule 2, Column 3).

(3) A Senior Medical Practitioner who elects a Level 3 arrangement will have drawing rights (to be made calendar monthly) up to a maximum of 36% of the full time salary applicable for a Level 4 arrangement for a Senior Medical Practitioner as referred to in Schedule 2, Column 2 of this Determination. Drawing rights are subject to sufficient individual or agreed group contributions being available in the Private Practice Trust Fund.

(4) For a Senior Medical Practitioner who has elected Level 3, where individual or agreed group contributions are not sufficient to permit drawings of up to 17% of salary (as provided in Schedule 2, Column 2) averaged over the year to date, supplementation equalling the difference between the drawings and 17% of salary will be made monthly by the Employer from that proportion of the charges which would otherwise have been appropriated as facility charges paid to the Employer by Senior Medical Practitioners.

(iv) Level 4

(1) A Senior Medical Practitioner who elects a Level 4 arrangement pursuant to this Clause will be entitled to salary referred to in Schedule 2, Column 2 of this Determination.

(2) A Senior Medical Practitioner who elects a Level 4 arrangement will have drawing rights (to be made calendar monthly) up to a maximum of 50% of the full time salary applicable for a Level 4 arrangement for a Senior Medical Practitioner as referred to in Schedule 2, Column 2 of this Determination. Drawing rights are subject to sufficient individual or agreed group contributions being available in the Private Practice Trust Fund.

(3) For a Senior Medical Practitioner who has elected Level 4, where individual or agreed group contributions are not sufficient to permit drawings of up to 25% of salary (as provided in Schedule 2, Column 2) averaged over the year to date, supplementation equalling the difference between the drawings and 25% of salary will be made monthly by the Employer from that proportion of the charges which would otherwise have been appropriated as facility charges paid to the Employer by Senior Medical Practitioners.

(v) Level 5

(1) A Senior Medical Practitioner who elects a Level 5 arrangement pursuant to this Clause will be entitled to salary which represents 75% of the rate applicable for a Level 4 arrangement for a Senior Medical Practitioner (refer Schedule 2, Column 2 of this Determination).

(2) A Senior Medical Practitioner who elects a Level 5 arrangement will have drawing rights (to be made calendar monthly) to a maximum of 100 % of the full time salary applicable for a Level 4 arrangement for a Senior Medical Practitioner as referred to in Schedule 2, Column 2 of this Determination. Drawing rights are subject to sufficient individual or agreed group contributions being available in the Private Practice Trust Fund. (3) The 75% of salary referred to in subclause (1) above reflects the fact that leave without pay is permitted for 25% of the full-time commitment in that speciality. No private practice is to be undertaken during the 75% of time for which a salary is payable (this relates to aggregated time and means that participating specialist must not spend more than an average of 25% of his/her total working time in the treatment of private patients).

(c) Postgraduate Fellow

A Senior Medical Practitioner appointed as a Postgraduate Fellow pursuant to Clause 10 of the Award has no entitlement to any Private Practice Arrangement.

(d) Preserved Arrangement - Scheme D

(i) A Senior Medical Practitioner who participated in Scheme D immediately prior to the commencement of this Determination, will be entitled to 50% of the award salary plus the 17.4% special allowance, as varied from time to time. PAYE taxation deductions are to be made in respect of these payments.

The general terms and conditions will be those applying under Scheme D immediately prior to the commencement date of this Determination (refer to Departmental Circular 90/39).

(ii) Where a Senior Medical Practitioner's current arrangement is Scheme D then:

(A) the Senior Medical Practitioner can only move to another Level (ie Private Practice Arrangement) by agreement with the Employer; and

(B) upon moving to another private practice arrangement the Senior Medical Practitioner cannot move back to Scheme D.

(iii) The Scheme D arrangement as provided for in Departmental Circular 90/39 is not available to any Senior Medical Practitioner who is not employed under Scheme D as at the date of this Determination.

(e) Outside Practice (ie not as an employee of the Employer)

(i) Income generated by a Senior Medical Practitioner while engaged in practice pursuant to Clause 9 of the Award, will be retained exclusively by the Senior Medical Practitioner. The Senior Medical Practitioner is under no obligation to provide records regarding the income generated pursuant to Clause 9 of the Award. The Senior Medical Practitioner will be liable for all expenses incurred while engaged in practice including professional indemnity insurance, administration, facility costs and any other expenses arising from the conduct of such practice.

(ii) A breach of the agreement referred to in Clause 9 of the Award will be dealt with pursuant to Clause 3 of the Award.

(iii) A referral to a Senior Medical Practitioner for the work prescribed in Clause 9 of the Award must be in accordance with the provisions of the Health Insurance Act or its equivalent from time to time.

(iv) The use of any of the Employer¦s employees, equipment or other resources in conducting outside practice is not permitted unless approved by the Chief Executive Officer.

(f) Privately Referred Non-inpatients

(i) The charging arrangements for privately referred non-inpatients to all staff specialists who have been granted rights of private practice by the Employer remain unaltered (refer to previous Departmental Circulars 80/252, 80/290, 81/355 and 90/39).

(ii) The charging arrangements will not affect those patients who are inpatients or registered non-inpatients of a recognised hospital but will apply to privately referred non-inpatients who satisfy the following conditions.

(A) The referral must be to the doctor by name and not to the hospital or the outpatient department.

(B) The referral must be made by a doctor in private practice (including a staff specialist or visiting medical officer exercising a right of private practice); it must not be made by an intern, resident medical officer, career medical officer, registrar or medical superintendent.

(C) No patient who presents at the emergency department or an out-patient clinic is to be privately referred for treatment of, or examination relating to, the episode of illness which caused him/her to present at the emergency department or the outpatient clinic.

(D) At the time the appointment is being made, patients are to be advised that they will not be treated as registered non-inpatients of the hospital, and that they will be charged by the attending Senior Medical Practitioner/s as well as for diagnostic services ordered by that Senior Medical Practitioner.

(E) Referrals are to be genuine referrals made at "arm's length", ie the referral letter should be completed before the patient's first appointment is made for an examination, treatment or consultation.

(a) All fees received from the rendering of accounts to private patients seen by Senior Medical Practitioners employed in a Level 2, 3, 4 or 5 arrangement pursuant to Clause 2, Private Practice Arrangements of this Determination shall be paid into the Private Practice Trust Fund.

(b) From the fees paid into the Private Practice Trust Fund, facility fees (to compensate for the provision of services and the use of facilities used in generating such private practice fees), as a percentage of the gross fees received, shall be paid to the Employer as a first charge against the Private Practice Trust Fund.

(c) The facility fees paid in accordance with authorised arrangements as at the date of this Determination shall continue to apply without variation until the review outlined in subclause (d) below is completed. For the purposes of this clause, "authorised arrangements" shall mean Department of Health Circular No. 1977/15 (as amended by 1978/236), or schedules of fees attached to enterprise agreements approved by the Director-General, or any specific variations to facility fees approved by the Director-General.

(d) The parties agree that a review of facility fees will be completed within 12 months of the making of this Determination. Upon completion and implementation of the review the facility fees identified in the review will apply to all Senior Medical Practitioners.

(a) It is acknowledged and recognised that Senior Medical Practitioners are required to be available for reasonable on call and recall outside of their Normal Duties and that there is a component within the salary which reflects this.

(b) The parties agree that some Senior Medical Practitioners may be required to work in excess of Normal Duties and reasonable on call/recall to provide direct patient care.

(c) Where a Senior Medical Practitioner is required to work in excess of Normal Duties and reasonable on call/recall to provide direct patient care, the Employer, in conjunction with the affected Senior Medical Practitioner, will review the work pattern of the Senior Medical Practitioner to reduce the number of hours. The review will attempt to reduce the number of hours worked by the Senior Medical Practitioner to conform with sub-clause (a) and the reduction may be achieved by means of time in lieu or other variations in Normal Duties as agreed between the Senior Medical Practitioner and the Employer.

(d) In the first instance every effort should be made to reduce the number of hours. However, in those exceptional circumstances where the hours worked by the Senior Medical Practitioner cannot be reduced in accordance with sub-clause (c) and this work:

*   is required by the Employer, and
*   relates to direct patient care, and
*   occurs in accordance with subclause (e) below,

the hours may be determined to be abnormal and an additional payment may be authorised by the Chief Executive Officer.

(e) Subclause (d) above only applies when a Senior Medical Practitioner is regularly required by the employer to work abnormal hours over a six month period. In these circumstances, a payment of up to 5% of the rate applicable to a Senior Medical Practitioner under a Level 1 arrangement (including the Special Allowance and allowance for the assignment of Private Practice earnings), as provided for in Clause 2 of this Determination, may be authorised. Any such payment will be subject to review every six months. The review should again attempt to reduce the number of hours worked by the Senior Medical Practitioner to conform with subclause (a).

Following approval by the Chief Executive Officer, payments may commence at the commencement of this Determination where a review of the hours worked in the 6 months immediately preceeding this Determination revealed that the Senior Medical Practitioner worked abnormal hours in accordance with subclause (d).

(f) Where the six monthly review identifies an exceptionally high level of abnormal hours which cannot be reduced, the Chief Executive Officer may submit all relevant details of that individual case to the Director-General. The submission should include evidence of how the allowance can be demonstrated to be cost neutral in accordance with Department of Health guidelines, as amended from time to time. In such cases, the Chief Executive Officer may recommend payment of up to 10% of the rate applicable to a Senior Medical Practitioner under a Level 1 arrangement (including the Special Allowance and allowance for the assignment of Private Practice earnings), as provided for in Clause 2 of this Determination.

Upon commencement of this Determination the Chief Executive Officer may immediately make application to the Director-General for approval to pay the allowance to a Senior Medical Practitioner where a review of the hours worked by the Senior Medical Practitioner in the 6 months immediately preceeding the date of making this Determination revealed that an exceptionally high level of abnormal hours were worked by the Senior Medical Practitioner.

In making the application the Chief Executive Officer may recommend that payment of the allowance should commence from a time agreed between the Senior Medical Practitioner and the Chief Executive Officer, but in any case the payment shall not commence earlier than the date of ratification of the Award.

This recommendation must include details of the cost neutral basis of such a payment. This payment would be made instead of, not in addition to, the payment described in subclause (e) above.

(g) The payments provided under (e) and (f) above shall not be paid to more than 10% of the Senior Medical Practitioners employed by the Employer at any one time without the written approval of the Director-General. Chief Executive Officers who believe that the 10% figure is inappropriate because they employ only a small number of Senior Medical Practitioners should make a written submission to the Director-General about appropriate parameters for the payment of the allowance.

(h) The payments provided under (e) and (f) above shall not count as salary for the purposes of calculating any entitlement.

(a) The Parties agree that the Health System has a responsibility to ensure that all Senior Medical Practitioners employed in the Health System have appropriate and equitable access to Training, Education and Study Leave that is relevant to both the Senior Medical Practitioner and the Area.

(b) Leave Entitlement - The parties agree that Senior Medical Practitioners are entitled to 25 calendar days of Training, Education and Study Leave each year.

(c) Funding entitlement -

(i) The parties agree that Senior Medical Practitioners are entitled to funding for the purpose of Training, Education and Study Leave. Such entitlement shall accumulate to a maximum of the dollar value of two years of entitlement unless otherwise approved by the Chief Executive Officer.

(ii) Based on the approved travel and leave arrangements, funds will be paid to the Senior Medical Practitioner on application.

(iii) The entitlement for Level 1 Senior Medical Practitioners is outlined in (l) below. The entitlement for Senior Medical Practitioners employed under Levels 2 to 5 is a matter for the trustees of the appropriate Trust Fund to determine having regard to the payment made to Senior Medical Practitioners under Level 1.

(iv) Funding will be based on a dollar value to be determined by a committee representative of the parties. The committee will use the formula contained in subclause (l). It is agreed that the amount identified in the Central Sydney Area Health Service Staff Specialists Wages Agreement in respect to the annual sum shall apply to all Senior Medical Practitioners until the committee has reached agreement.

(d) Senior Medical Practitioners (Fractional Appointments)

(i) The entitlement to leave and funding for Senior Medical Practitioners who are working pursuant to a Part Time Agreement is pro rata based on the full-time rate.

(ii) Senior Medical Practitioners working pursuant to a Part Time Agreement may accumulate the same maximum dollar value as a full-time Senior Medical Practitioner ie accrue two years full time equivalent entitlement as provided for in subclause (c).

(iii) The Chief Executive Officer may require a Senior Medical Practitioner who is working pursuant to a Part Time Agreement to take Training, Education and Study Leave at the full-time equivalent daily rate. Alternatively, by agreement with the Chief Executive Officer, a Senior Medical Practitioner who is working pursuant to a Part Time Agreement may take Training, Education and Study Leave at the same part-time daily rate of pay, provided that his/her leave entitlement is not exceeded. Agreement will not be unreasonably withheld. Full-time Senior Medical Practitioners shall take Training, Education and Study Leave, however accrued, at the full-time equivalent daily rate.

(iv) Payment of the perdiem element of the available funding should match the rate at which Training, Education and Study Leave is taken, eg. a part-time Senior Medical Practitioner who takes Training, Education and Study Leave at the full-time daily rate of pay should also be paid the perdiem funding at the full-time daily rates, provided that his/her entitlement is not exceeded.

(e) Source of Funding

i) The funding provided for in c) above, will be funded by:

1) the General Fund for Senior Medical Practitioners employed pursuant to Level 1.

2) the appropriate Trust Fund for Senior Medical Practitioners employed pursuant to Levels 2 to 5. The quantum of the funding is a matter for the trustees of the appropriate Trust Fund to determine having due regard to the payment made to Senior Medical Practitioners under Level 1. Such allocation is to be limited to the ability of the appropriate Trust Fund to meet the allocation.

The funding provided for in c) above is a minimum entitlement. Additional drawings for Senior Medical Practitioners employed pursuant to Levels 2 to 5 will be dependent on the monies available in the appropriateTrust Fund.

Note: Any questions about the "appropriate Trust Fund" should be directed to the Workforce Relations Branch of the Department of Health.

(ii) Where a Senior Medical Practitioner has accrued a right to Training, Education and Study Leave with the same Employer partly under Level 1 and partly under Level 2, 3, 4 or 5, he/she shall be entitled to access from the Employer¦s general fund 1/12th of the annual funding entitlement pursuant to subclause (c) above for each completed month of service under Level 1 (subject to subclause (c) (i) of this Determination), less any funding entitlement already taken. In the cases of Levels 2 to 5, approval must be obtained from the trustees or the body authorised by the trustees, in order for that portion of the funding entitlement accrued under Level 2, 3, 4, or 5 to be accessed.

f) Approval of Leave

Training, Education and Study Leave can be taken for purposes relevant to both the Senior Medical Practitioner and the Employer, at the discretion of the Senior Medical Practitioner, within or outside Australia, subject to approval by the Chief Executive Officer or his/her nominee:

Approval should not be unreasonably withheld.

(g) If a dispute occurs as to the interpretation of this Clause, the matter will be dealt with in accordance with the Issues Resolution, Clause 6 of this Determination.

(h) The Parties agree that leave entitlements to Conference and Study Leave , accrued prior to the commencement of this Determination pursuant to Circular 90/39 or any Enterprise Agreement, will be transferred in full, to the entitlements accrued pursuant to this Clause. In respect to leave accrued for study leave purposes a Senior Medical Practitioner who has been employed for less than 5 years will be entitled to a proportionate amount of leave based on his/her length of service less any study leave taken.

(i) Transfer of leave entitlement - a senior medical practitioner who transfers:

(i) between levels pursuant to Clause 2 of this Determination; or,

(ii) between Employers in accordance with the provisions of the Transferred Officers Extended Leave Act:

will have his/her leave entitlement pursuant to subclause (b) of this clause transferred at the same time on the basis of 25/12 days for each completed month of service, less any leave already taken.

(j) A Senior Medical Practitioner will not be entitled to any entitlement pursuant to this Clause upon retirement, resignation (except as outlined in subclause (i) above), redundancy or dismissal.

(k) This Clause shall not apply to Senior Medical Practitioners participating in Scheme D (current scheme), who shall receive Conference and Study Leave in accordance with circular number 90/39 issued by the Department of Health on 23 May 1990.

(l) Pursuant to Subclause (c) (iv) the funding entitlement will be determined by the committee based on the following:

i) Airfare

1. Total each year based on:

a) 3/5 of a Qantas round the world business class airfare (including departure tax); and

b) 1 Qantas Sydney-Perth business class airfare.

2. This money may be used to purchase any number of airfares for the Senior Medical Practitioner provided the total value is not exceeded.

3. On 30 June each year any residual will be indexed by using the average of the airfares on that date divided by the average of the airfares for 30 June of the preceding year.

ii) Perdiem.

1. Total each year based on:

a) Overseas: Based on sample of hotel rates and published government incidentals allowances for representative capital cities for 18 days. This should be calculated at June 30 of each year. The calculation should be based on the 10 cities most commonly visited and the 3 hotel chains most commonly used by Senior Medical Practitioners.

b) Local: Based on government capital city rates for 7 days available at 30 June.

2. These amounts are totalled each year and may be used in any combination of overseas or local travel.

3. If insufficient funds exist to pay for registration, airfares, or other allowable expenses then all or some of the perdiem may be used for this purpose.

4. On 30 June each year any residual of the funding entitlement will be indexed by multiplying the residual by the total of the assigned value for overseas and Australian perdiems divided by the previous year's total.

iii) Registration.

1. Based each year on:

a) 1 overseas conference
b) 1 Australian conference
c) 2 local continuing education meetings.

2. This money may be applied to any number of registrations provided the total entitlement is not exceeded.

3. On 30 June each year any residual will be indexed by using the assigned value for conference registration divided by the assigned value for the previous year.

(m) Specialist Medical Administrators

A Specialist Medical Administrator employed in accordance with Clause 18 of the Award may make a once-only election for the term of the Award to either:

(i) accrue the Training, Education and Study Leave funding entitlement pursuant to this clause; or

(ii) use a motor vehicle consistent with Senior Executive Service guidelines and charges.

The election must be made within one month of the date of commencement of the Award, or the commencement of employment.

If a Specialist Medical Administrator elects option (ii) above, he/she will be entitled to access an amount of Training, Education and Study Leave annual funding entitlement which represents the difference in value between (i) and (ii) above. With regard to the accumulation of the funding entitlement, a Specialist Medical Administrator who elects option (ii) above may accumulate the same dollar value as a Specialist Medical Administrator who elects option (i) above. The number of days of Training, Education and Study Leave available shall be reduced by the same proportion as the annual funding entitlement is reduced.

This provision shall not apply to Senior Medical Practitioners who are not Specialist Medical Administrators employed in accordance with Clause 18 of the Award.

Any disagreement in relation to matters contained within this Determination will be resolved in accordance with the Issue Resolution procedure provided for in Clause 3 of the Award.

       Return to CONTENTS Page

SCHEDULE 1 - PRIVATE PRACTICE ARRANGEMENTS

NOTES:
     1. All figures are expressed as a percentage of Level 4 salary.
     2. For the purposes of this table, "salary" means the award salary plus the 17.4% special allowance.

SCHEDULE 2 - PRIVATE PRACTICE ARRANGEMENTS                    Return to CONTENTS Page

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