Continence Aids Payment Scheme Amendment 2015

Administered by Department of Social Services

Legislation au F2015L01022 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Issued by the authority of the Assistant Minister for Social Services

 

National Health Act 1953

 

Continence Aids Payment Scheme Amendment 2015

 

The National Health Act 1953 (the Act) is an Act relating to the provision of pharmaceutical, sickness and hospital benefits, and of medical and dental services.

Section 12 of the Act provides that the Minister may, by legislative instrument, formulate a Continence Aids Payment Scheme, under which the Commonwealth makes payments as a contribution towards the cost of buying products that help manage incontinence.

Paragraph 12(3)(c) of the Act states ‘…the legislative instrument may provide for … the amount of the contribution that is payable in each financial year in relation to a person who is participating in the scheme’.

Continence Aids Payment Scheme Amendment 2015 (the Amendment)

The Continence Aids Payment Scheme 2010 (CAPS) makes a monetary payment to an eligible person which is intended to contribute towards their costs in purchasing continence aids.

The purpose of the Amendment is to increase the contribution in line with the Consumer Price Index (CPI).

The Amendment is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

Commencement

This Amendment commences on 1 July 2015.

 

Reliance on subsection 33(3) of the Acts Interpretation Act 1901

Under subsection 33(3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

 

Consultation

Indexation of the CAPS uses a formula based on the CPI supplied by the Department of Finance.  As this is in accordance with policy upon which consultation was undertaken, no specific consultation was undertaken with respect to this amendment.

 

Regulation Impact Statement

The Office of Best Practice Regulation (OBPR) has advised that no Regulation Impact Statement is required (OBPR ID 16993).

ATTACHMENT

 

 

Details of the Continence Aids Payment Scheme Amendment 2015

 

Clause 1 states that the name of the instrument is the Continence Aids Payment Scheme Amendment 2015.

 

Clause 2 sets out the commencement date of the Amendment.

 

Clause 3 provides that the authority for the making of the instrument is the National Health Act 1953.

 

The authority for making specific amendments is paragraph 12(3)(c).

 

Clause 4 provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

 

Schedule 1 – Amendments

 

Continence Aids Payments Scheme 2010

 

Item 1 – Subsection 9(1)

This item provides for the indexation of the amount of CAPS payment for a financial year.


Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Continence Aids Payment Scheme Amendment 2015

The Continence Aids Payment Scheme Amendment 2015 is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of Legislative Instrument

The Continence Aids Payment Scheme 2010 (CAPS) makes a monetary payment to an eligible person which is intended to contribute towards their costs in purchasing continence aids. The purpose of the Amendment is to increase the contribution in line with agreed indexation arrangements for this payment.

 

Human Rights Implications

This legislative instrument is compatible with the human rights to an adequate standard of living and to the enjoyment of the highest attainable standard of physical and mental health contained in articles 11 and 12 of the International Covenant on Economic Social and Cultural Rights, and article 25 and article 28 of the Convention on the Rights of Persons with Disabilities. 

This legislative instrument increases the dollar amount of payment under CAPS paid to participating persons. The increased amount helps to ensure that the level of payment made to participating persons keeps pace with increases in the CPI. 

Conclusion

This legislative instrument is compatible with human rights as it promotes the human right to an adequate standard of living and the highest attainable standard of physical and mental health.

 

 

Senator the Hon Mitch Fifield

Assistant Minister for Social Services

Overview

The Continence Aids Payment Scheme Amendment 2015 amends the Continence Aids Payment Scheme 2010, which is administered under the National Health Act 1953. This amendment aims to adjust the contribution amount payable under the Scheme in line with the Consumer Price Index (CPI). Enacted by the Parliament of Australia, the amendment responds to the need for regular adjustments to the payment scheme to reflect economic changes and ensure that the financial assistance provided remains relevant and sufficient for the intended beneficiaries. The policy objective is to maintain the adequacy of the payments for continence aids, thereby supporting the health and wellbeing of eligible participants.

Scope and Application

The Continence Aids Payment Scheme Amendment 2015 amends the Continence Aids Payment Scheme 2010, which is established under the National Health Act 1953. This amendment applies to individuals eligible for the Continence Aids Payment Scheme, specifically those who require continence aids and are participating in the scheme. The amendment is applicable on a national level across Australia, as it is enacted under Commonwealth legislation. The amendment does not specify any exclusions or exemptions, and it applies to all eligible participants regardless of their location within Australia. The amendment is an instrument under the Legislative Instruments Act 2003, and it extends the application of the original scheme by increasing the payment amount in line with the Consumer Price Index, ensuring that the financial assistance keeps pace with inflation. This adjustment is intended to maintain the purchasing power of the payments for continence aids, thereby supporting the scheme's objective of alleviating the financial burden associated with managing incontinence.

Key Provisions

The Continence Aids Payment Scheme Amendment 2015 (Amendment) (F2015L01022) amends the Continence Aids Payment Scheme 2010 (CAPS) under the National Health Act 1953 (the Act). The primary purpose of the Amendment (clause 4) is to adjust the contribution made to eligible persons under the CAPS by indexing the payment amount in line with the Consumer Price Index (CPI) (item 1, Schedule 1). This adjustment is made to ensure that the payments keep pace with inflation, thereby maintaining the purchasing power of the contribution for continence aids. The Amendment also formally repeals or amends any instruments specified in the Schedules attached to the Amendment (clause 4). The authority for making this Amendment is derived from section 12(3)(c) of the Act, which allows the Minister to formulate a Continence Aids Payment Scheme through legislative instruments. The Amendment imposes obligations on the Commonwealth to ensure that the increased payment under the CAPS is disbursed to eligible persons as per the new indexed amounts. This includes the requirement to update the payment schedule and ensure that the necessary administrative processes are in place to reflect the new payment rates. The Amendment does not introduce any new obligations beyond those already existing under the original CAPS. There are no specific offences, penalties, or consequences for breach outlined in the Amendment itself. However, any failure to comply with the payment adjustments or other provisions of the CAPS would be subject to the existing enforcement mechanisms under the National Health Act 1953. Generally, non-compliance with payments under the Act could lead to administrative penalties or other corrective actions, though the exact nature of these penalties would depend on the specific circumstances and the relevant provisions of the Act. In summary, the Continence Aids Payment Scheme Amendment 2015 is a legislative instrument designed to adjust the financial contribution made to eligible persons under the Continence Aids Payment Scheme to keep pace with inflation. It does so by indexing the payment amounts in line with the CPI, thereby ensuring that the purchasing power of the payments is maintained. The Amendment is compatible with human rights, as it supports the right to an adequate standard of living and the highest attainable standard of physical and mental health.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.