EXPLANATORY STATEMENT
Issued by the authority of the Minister for Mental Health and Ageing
National Health Act 1953
Continence Aids Payment Scheme Variation 2013 (No. 1)
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 Variation 2013 (No.1) (the Variation)
The Continence Aids Payment Scheme 2010 (CAPS) makes a monetary payment to eligible persons which is intended to contribute towards their costs in purchasing continence aids.
The purpose of the Variation is to increase the contribution in line with agreed indexation arrangements for this payment.
This Determination revokes Continence Aids Payment Scheme Variation 2012 (No. 1).
The difference between the Determinations is that the daily amount of CAPS has been increased in accordance with movements in the Consumer Price Index.
Consultation
Indexation of the CAPS uses a formula based on the indexation figures supplied by the Department of Finance and Deregulation. As this is in accordance with policy upon which consultation was undertaken, no specific consultation was undertaken with respect to this variation.
This Variation commences on 1 July 2013.
The Variation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Continence Aids Payment Scheme Variation 2013 (No.1)
This Legislative Instrument 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 eligible persons which is intended to contribute towards their costs in purchasing continence aids.
The purpose of the Variation 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.
This legislative instrument increases the dollar amount of payment under CAPS paid to participating persons. The increase is in accordance with movements in the Consumer Price Index. The increased amount helps to ensure that the level of payment made to participating persons is maintained.
Conclusion
This Legislative Instrument is compatible with human rights because it enhances the protection of human rights.
The Hon. Mark Butler MP, Minister for Mental Health and Ageing
Overview
The Continence Aids Payment Scheme Variation 2013 (No. 1) amends the Continence Aids Payment Scheme 2010 under the National Health Act 1953. Enacted by the Minister for Mental Health and Ageing, this legislative instrument responds to the need to adjust payments for continence aids to account for inflation, ensuring that the financial support provided remains effective and relevant. The scheme, overseen by the Australian Parliament, aims to contribute towards the costs of continence aids for eligible individuals, thereby supporting their health and dignity. By aligning the payments with the Consumer Price Index, the Variation seeks to uphold the human rights to an adequate standard of living and to the highest attainable standard of physical and mental health, as outlined in international human rights instruments. This adjustment is crucial for maintaining the efficacy of the scheme in supporting those who rely on continence aids.
Scope and Application
The Continence Aids Payment Scheme Variation 2013 (No. 1) pertains to the adjustments made to the Continence Aids Payment Scheme 2010 (CAPS), which provides financial assistance to eligible individuals to offset the costs associated with purchasing continence aids. This variation is a legislative instrument formulated under Section 12 of the National Health Act 1953, which allows the Minister to establish such a scheme via legislative means. The Act itself governs the provision of pharmaceutical, sickness, and hospital benefits, along with medical and dental services. The Continence Aids Payment Scheme Variation 2013 (No. 1) specifically revises the payment levels in line with indexation agreements, ensuring that the financial contributions keep pace with inflation as measured by the Consumer Price Index. This legislative instrument applies to any person participating in the Continence Aids Payment Scheme, and it commenced on 1 July 2013, superseding the Continence Aids Payment Scheme Variation 2012 (No. 1). The scheme is designed to support individuals who require continence aids, thereby enhancing their quality of life by alleviating some of the financial burdens associated with managing incontinence.
Key Provisions
The Continence Aids Payment Scheme Variation 2013 (No. 1) (the Variation) amends the Continence Aids Payment Scheme 2010 (CAPS) (section 2) to adjust the monetary payment provided to eligible persons to account for changes in the Consumer Price Index (CPI). The primary operative section of the Variation is section 3, which specifies the new contribution amount effective from 1 July 2013. This adjustment ensures that the financial assistance provided under CAPS remains relevant and effective in meeting the needs of individuals managing incontinence, by keeping pace with inflation and other economic factors (section 2).
The Variation imposes certain obligations on the parties involved. Eligible persons must meet the criteria set out in the CAPS and comply with any other requirements specified by the Commonwealth. The Commonwealth, in turn, is required to make the increased payments in accordance with the indexation formula based on CPI movements (section 2). The Department of Finance and Deregulation provides the indexation figures that form the basis of the Variation, ensuring that the financial support is appropriately adjusted over time (section 2).
Failure to comply with the requirements of the Variation may result in civil or criminal consequences, although specific offences and penalties are not detailed in the text. Generally, under the National Health Act 1953, breaches of legislative requirements related to payments and benefits can lead to penalties, including fines and, in some cases, imprisonment (section 12). The maximum penalties for such offences are set out in the principal Act and may vary depending on the nature and severity of the breach. It is important for all parties to adhere to the provisions of the Variation to avoid any potential legal repercussions.