EXPLANATORY STATEMENT
Issued by the authority of the Minister for Social Services
A New Tax System (Family Assistance) Act 1999
Family Tax Benefit (Meeting the Health Check Requirement) Amendment Determination 2016
Purpose
The purpose of the Family Tax Benefit (Meeting the Health Check Requirement) Amendment Determination 2016 (Amendment Determination) is to remove reference to the health check under the Medicare Benefits Schedule (MBS) from the Family Tax Benefit (Meeting the Health Check Requirement) Determination 2011 (2011 Determination). The health check, otherwise known as the Healthy Kids Check, was removed from the MBS on 1 November 2015.
Background
Section 61A of the A New Tax System (Family Assistance) Act 1999 (the Act) requires children to satisfy a health check requirement for payment of the Family Tax Benefit Part A Supplement (the Supplement). The health check requirement applies to an individual’s eligibility for the Supplement in an income year where an individual’s FTB child turned 4 years and the individual, or the individual’s partner, is receiving a social security pension, benefit, a service pension or income support supplement.
Subsection 61A(5) of the Act enables the Minister to specify, by legislative instrument, the requirements that a child must meet to satisfy the health check requirement.
The 2011 Determination outlines the three ways a child can meet the health check requirements for payment of the Supplement. One way a child can meet the health check requirements is by the child having undergone, within the specified period, a health check provided under the MBS which includes the required assessments and examinations, such as eyesight, height and weight, hearing and oral health.
On 1 November 2015, the health check, otherwise known as the Healthy Kids Check, was removed from the MBS. Whilst medical practitioners will still undertake pre-school health checks, they will no longer be able to bill for undertaking the Healthy Kids Check under the MBS in the same way. Instead the health check will be considered a standard medical practitioner visit.
Health checks undertaken by medical practitioners, including those for Aboriginal and Torres Strait Islander children will satisfy the requirements of a health check under the 2011 Determination for payment of the Supplement. These health checks are provided for under a state or territory programme.
Commencement
The Amendment Determination commences on the day after it is registered.
Consultation
Consultation was not undertaken because the proposed amendment to the Determination is likely to have an insignificant impact.
Regulation Impact Statement OBPR ID 20683
Following consultation with the Office of Best Practice Regulation (OBPR), a Regulation Impact Statement is not required.
OBPR advises that the proposal is non-regulatory, and has no regulatory costs imposed on business, community organisations or individuals.
Explanation of the provisions
Section 1 states the name of the Determination.
Section 2 provides that the Determination commences on the day after it is registered.
Section 3 states that Schedule 1 amends the Family Tax Benefit (Meeting the Health Check Requirement) Determination 2011.
Schedule 1 sets out the amendments.
Item 1 omits current subsection 5(b) of the Determination to remove reference to health checks under the MBS as a method of meeting the health check requirement for the Supplement.
Item 2 makes a technical amendment to remove reference to subsection 5(b) in section 6 of the Determination which outlines the required assessments and examinations for health checks for certain children.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Family Tax Benefit (Meeting the Health Check Requirement) Amendment Determination 2016
The Determination 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 the legislative instrument
The purpose of the Family Tax Benefit (Meeting the Health Check Requirement) Amendment Determination 2016 (Amendment Determination) is to remove reference to the health check under the Medicare Benefits Schedule (MBS) from the Family Tax Benefit (Meeting the Health Check Requirement) Determination 2011 (2011 Determination). The health check, otherwise known as the Healthy Kids Check, was removed from the MBS on 1 November 2015.
Human rights implications
The Determination does not engage any of the applicable rights or freedoms.
Conclusion
The Determination is compatible with human rights because it advances the protection of human rights as outlined above and to the extent that it may also limit human rights, those limitations are reasonable, necessary and proportionate.
The Hon Christian Porter MP, the Minister for Social Services.