Principles of the Area of Need Program
The principles of the Area of Need Program are as follows:
1. In determining the reasons why a medical position is needed under the Area of Need Program, the following principles will apply:
- Applicant organisations will provide documented evidence of labour market testing to demonstrate genuine attempts to have tested the Australian labour market. While it is accepted that there will be different levels of labour market testing, no exemptions will be provided to any employers.
- Applicant organisations, in consultation with the relevant stakeholder organisations will explore alternative service delivery and other relevant aspects of the unfilled position prior to applying for Area of Need status.
- Design of the Area of Need position description will be undertaken in consultation with the relevant College based on agreed template.
2. In approving Area of Need status for a vacant medical position, the following principles will apply:
- All criteria for the declaration of an Area of Need position must be met by all requesting organisations without exception.
- The assessment of Area of Need applications will consider the provision of medical services to a community and not the commercial endeavours and activities of a business.
- Applications will be assessed under published criteria in a consistent, effective and efficient manner and will only be considered when submitted via the formally agreed process.
- Applications may be accepted, refused or referred back to applicants for clarification of points which are not able to be assessed against the agreed criteria.
- In assessing Area of Need applications the NSW Health Department may seek advice from other stakeholders but the final decision on the outcome of the application rests with the Department
- Applicant organisations will have recourse to an appeals mechanism, if required.
- Area of Need status for a position is not transferable to another position or another location.
- Requests to extend the Area of Need status for a position will be timely and well substantiated.
3. In selecting and recruiting a medical practitioner under the Area of Need Program the following principles will apply:
- All applicants for an Area of Need position will be treated equally and fairly.
- Recruitment and selection of a candidate will follow the principles of Equal Employment Opportunity to ensure that for each Area of Need vacancy applicants with equal probability of job success have equal chance of getting the job.
- All requesting applicants will be provided comprehensive information about the vacant position/s for which they intend to apply.
- Selection should be based on merit and, provided an applicant meets the specified essential requirements advertised for the position, he or she should not be discriminated against on the basis of age, sex, pregnancy, disability, ethnicity, marital status or gender as specified in the Anti Discrimination Act 1977.
- Recruitment and selection procedures will be based on agreed Department of Health Guidelines.
- Employers undertake to induct successful applicants into all aspects of the job including administrative matters.
- Employers undertake to provide training and support for medical practitioners employed in an Area of Need position to progress their transition to become a fully registered practitioner.
4. In approving conditional registration for a selected Area of Need doctor the following principles will apply:
- Bodies responsible for the assessment of the Area of Need applicant's skills and qualifications will ensure that procedures are equitable, accessible, transparent, consistent and timely.
- Applicants will be informed of all requirements and processes relating to the assessment process. This will include information on:
- The nature of the assessment process, skills and knowledge to be covered and review processes;
- The criteria to be used in the assessment process. National competency standards used should be publicly available.
- On completion of the assessment process applicants should be provided with a written statement explaining the results and, wherever possible, advice should be provided to unsuccessful candidates addressing skills gaps necessary to meet the required criteria.
- Review and appeal mechanisms should be established as part of the assessment process and unsuccessful applicants should be given the opportunity to take their case to a review or appeal.
- Bodies responsible for the assessment of the Area of Need applicants' skills and qualifications will ensure that any fees charged are reasonable and the rate is publicly available to employers.
5. In obtaining a Medicare Provider Number (if applicable), the following principle will apply:
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The NSW Health Department and the Commonwealth Department of Health and Aged Care will adopt a collaborative approach and agree on criteria concerning the issuance of Medicare Provider Number for positions under the Area of Need Program.
6. In applying to obtain a temporary resident visa (if applicable) the following principle will apply:
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The NSW Health Department will assist applicant organisations in applying for a temporary visa for the selected Area of Need applicant by providing clear and updated information on the process.
7. In monitoring the ongoing satisfactory performance of an Area of Need doctor the following principles will apply:
- Nominated supervisors will provide regular reports to the NSW Medical Board on the practitioner's performance.
- Any significant problems or deficiencies will be drawn to the NSW Medical Board's attention.
This web page is managed and authorised by Workforce Development & Leadership of the NSW Department of Health. Last updated: 27 March, 2009
