Explanatory STATEMENT
Australian National Preventive Health Agency Act 2010
Proclamation
Subsection 2(1) of the Australian National Preventive Health Agency Act 2010 (the Act) provides for the commencement of various provisions of the Act. Item 2 of the table in subsection 2(1) specifies that sections 3 to 56 of the Act commence on a single day to be fixed by Proclamation. However, if any of the provisions do not commence within the period of 6 months beginning on the day the Act receives the Royal Assent, they commence on the day after the end of that period. The Act received the Royal Assent on 30 November 2010.
The purpose of the Proclamation is to fix 1 January 2011 as the day on which sections 3 to 56 of the Act commence.
Sections 3 to 56 contain the operative provisions of the Act to establish the Australian National Preventive Health Agency (ANPHA) to support Australian Health Ministers in tackling the complex and growing challenges of lifestyle risk factors causing preventable chronic conditions, notably obesity, smoking and excessive alcohol consumption. The provisions specify the functions, governance and structure of the ANPHA, including the interaction with the Commonwealth Minister for Health and Ageing (the Minister) and the Australian Health Ministers’ Conference (AHMC).
The ANPHA will be a statutory authority under the Financial Management and Accountability Act 1997. A Chief Executive Officer will manage the ANPHA and will be directly accountable to the Minister for the financial management of the ANPHA, and to the AHMC, via the Minister, for the ANPHA’s performance against agreed strategic and operational plans. The ANPHA will have an Advisory Council comprising between seven and 11 members with preventive health expertise.
The Council of Australian Governments agreed to establish the ANPHA in November 2008, as part of the National Partnership Agreement on Preventive Health.
The Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Overview
The Australian National Preventive Health Agency Act 2010 was enacted to address the need for a coordinated national approach to the prevention of chronic diseases resulting from lifestyle factors such as obesity, smoking, and excessive alcohol consumption. The Act establishes the Australian National Preventive Health Agency (ANPHA) to support Australian Health Ministers in tackling these complex health challenges. The objective is to provide a dedicated statutory authority to focus on preventive health measures, thereby reducing the burden of chronic diseases. The legislation received Royal Assent on 30 November 2010, with the operational provisions set to commence on 1 January 2011. The ANPHA is intended to operate under the governance of a Chief Executive Officer, accountable to the Commonwealth Minister for Health and Ageing for financial management, and to the Australian Health Ministers’ Conference for performance against strategic plans. This initiative was part of the broader National Partnership Agreement on Preventive Health, agreed upon by the Council of Australian Governments in November 2008.
Scope and Application
The Australian National Preventive Health Agency Act 2010 establishes the Australian National Preventive Health Agency (ANPHA) as a statutory authority under the Financial Management and Accountability Act 1997, with the primary aim of supporting Australian Health Ministers in addressing lifestyle risk factors that contribute to preventable chronic conditions such as obesity, smoking, and excessive alcohol consumption. This Act applies to the establishment, functions, governance, and structure of the ANPHA, and it stipulates that a Chief Executive Officer will manage the agency, directly accountable to the Commonwealth Minister for Health and Ageing for financial management and performance against strategic and operational plans. Additionally, the ANPHA will be overseen by an Advisory Council composed of members with expertise in preventive health. The Act's provisions, excluding sections 3 to 56 which commence on 1 January 2011, will come into effect six months after the Act receives Royal Assent, or on the day after this period if not earlier. The Act extends its jurisdiction nationally and is complemented by subordinate instruments as necessary for its effective implementation.
Key Provisions
The main operative sections of the Australian National Preventive Health Agency Act 2010 (sections 3 to 56) set up the framework for establishing the Australian National Preventive Health Agency (ANPHA) and detail its functions, governance, and structure. These sections outline how ANPHA will operate as a statutory authority under the Financial Management and Accountability Act 1997, with a Chief Executive Officer managing the agency and being directly accountable to the Commonwealth Minister for Health and Ageing. Additionally, sections 3 to 56 specify the role of an Advisory Council for ANPHA, composed of members with expertise in preventive health, and detail the agency's interaction with the Australian Health Ministers’ Conference (AHMC) and the Minister.
The Act imposes several obligations and requirements on the parties it governs. The Chief Executive Officer of ANPHA must manage the agency and ensure its financial management aligns with the requirements of the Financial Management and Accountability Act 1997. Moreover, the Chief Executive Officer must report to the Minister on the agency’s performance, ensuring alignment with agreed strategic and operational plans. The Advisory Council is tasked with providing expert advice to the Chief Executive Officer and the Minister on matters of preventive health. Furthermore, the Act requires the ANPHA to collaborate closely with the AHMC, facilitated by the Minister, to effectively address the challenges of lifestyle risk factors contributing to preventable chronic conditions.
The Act also outlines potential consequences for breaches of its provisions. While the specific offences and penalties are not detailed in the provided text, it is common for legislation of this nature to include provisions for both civil and criminal penalties for non-compliance. Typically, breaches might result in fines, imprisonment, or both, depending on the severity of the breach. The exact penalties would be stipulated in the relevant sections of the Act, which are not explicitly detailed in the provided excerpt. However, such penalties serve to ensure compliance with the Act’s provisions and the effective functioning of the ANPHA in its mission to improve public health outcomes.