Medicare provider number legislation

Section 19AB of the Act applies to Overseas Trained Doctors (OTDs) and Foreign Graduates of Accredited Medical Schools (FGAMS) who gained their first medical registration or became permanent Australian residents or citizens on or after 1 January 1997. Section 19AB restricts their access to Medicare provider numbers and requires them to work in a district of workforce shortage (DWS) in order to access Medicare benefits arrangements.

OTDs and FGAMS who are subject to section 19AB are generally required to work in a DWS for a minimum period of 10 years (referred to as the 10 year moratorium requirement) from the date of their first medical registration.

What’s a district of workforce shortage (DWS)?

A DWS is an area where the general population’s need for medical services is deemed to be unmet. An area is a DWS if it has less access to medical services than the national average.

District of Workforce Shortage factsheet
Map locator (shows current DWS areas for GPs)

Exemption from the 10 year moratorium

OTDs may obtain an exemption under section 19AB of the Act if they choose to practise within a district of workforce shortage (DWS) for their specialty. If an OTD holds a valid section 19AB exemption for a particular location, they are able to access the Medicare benefits arrangements for the professional services they provide at that location.

OTDs or FGAMS with permanent resident status are also subject to the requirements of section 19AA of the Act.

Section 19AB factsheet
Section 19AA fact sheet

Section 19AA of the Act was introduced by the Australian Government:

• to ensure that the long term medical workforce in Australia is of a high quality
• to provide some opportunities to deal with workforce distribution problems.

Section 3GA programs

Australian permanent residents or citizens, including OTDs and FGAMs and who have yet to gain Fellowship of a specialist college or vocational recognition are subject to Section 19AA of the Act. Doctors who are subject to Section 19AA are required to work on an approved placement under a Section 3GA program.

Section 3GA of the Act allows medical practitioners undertaking postgraduate education or placements on approved workforce programs to provide professional services that attract Medicare benefits.

Exemptions for training programs, therefore, allow doctors to receive access to Medicare benefits while undertaking vocational training to receive a Fellowship from one of the medical specialist colleges.

Medical practitioners are considered to have met the vocational recognition requirements of section 19AA once they obtain a Fellowship qualification within their specialty that is recognised within Australia.

Section 19AA fact sheet

For OTDs and FGAMS, scaling is a non-cash incentive offering opportunities to reduce the 10 year moratorium restriction period.

Time reductions are significantly greater for doctors who choose to live and work in more remote areas. See the Australian Standard Geographical Classification – Remoteness Area (ASGC-RA) table below:

ASGC-RA Classification	ASGC-RA 1 Major Cities	ASGC-RA 2 Inner Regional	ASGC-RA 3 Outer Regional	ASGC-RA 4 Remote	ASGC-RA 5 Very Remote
Period of restriction	10 years	9 years	7 years	6 years	5 years