Health and Hospitals Fund (Initial Credits) Determination 2009

Overview

The Nation-building Funds Act 2008 was enacted to establish a framework for the establishment and management of nation-building funds, with a particular focus on the Health and Hospitals Fund (HHF). This Act aimed to address the need for significant funding to support health and hospital services across Australia. The Act empowers the Minister for Finance and Deregulation and the Treasurer to credit specified amounts to the HHF Account, with a policy objective to ensure that by the end of 30 June 2009, the total amount credited to the HHF Account equals $5 billion. The Health and Hospitals Fund (Initial Credits) Determination 2009 was issued under this Act to specify that an initial credit of $1 billion should be credited to the HHF Account on 20 February 2009. This Determination is a legislative instrument under the Legislative Instruments Act 2003 and is not subject to disallowance. Once made, a determination under subsection 216(1) cannot be revoked and it commences on the day it is registered on the Federal Register of Legislative Instruments.

Scope and Application

The Nation-building Funds Act 2008, as detailed in the Health and Hospitals Fund (Initial Credits) Determination 2009, pertains to the allocation of funds to the Health and Hospitals Fund Special Account (HHF Account). The Act applies to the Minister for Finance and Deregulation and the Treasurer, who have the authority to determine specified amounts to be credited to the HHF Account. The Determination specifies that an initial credit of $1 billion is to be credited to the HHF Account on 20 February 2009, aligning with the requirement under the Act that the total amount credited to the HHF Account by 30 June 2009 must equal $5 billion. This Determination is a legislative instrument under the Legislative Instruments Act 2003, and while it is not subject to disallowance, it is irrevocable once made. The jurisdictional reach of this Act is Commonwealth, given its application to federal ministers and the HHF Account. The Determination is effective from the date it is registered on the Federal Register of Legislative Instruments.

Key Provisions

The main provisions of the Health and Hospitals Fund (Initial Credits) Determination 2009 (F2009L00584) are contained within subsections 216(1) and 216(2) of the Nation-building Funds Act 2008. Subsection 216(1) allows the Minister for Finance and Deregulation and the Treasurer to determine, by written directive, the specified amount to be credited to the Health and Hospitals Fund Special Account (HHF Account) on a particular date or in instalments on specified dates. This particular Determination specifies that a $1 billion credit is to be made to the HHF Account on 20 February 2009. Subsection 216(2) mandates that the responsible Ministers must ensure that the total credit to the HHF Account by the end of 30 June 2009 equals $5 billion. This Determination is integral in fulfilling this mandate by establishing the initial credit. The obligations and requirements imposed by the Determination are primarily administrative and procedural. The responsible Ministers are tasked with ensuring that the credit specified in the Determination is made to the HHF Account on the designated date, which in this case is 20 February 2009. This involves the preparation and issuance of a written directive under subsection 216(1) of the Act. The Ministers must also ensure that subsequent credits are made as necessary to meet the $5 billion target by 30 June 2009. Additionally, the Determination highlights that once made, a determination under subsection 216(1) cannot be revoked, underscoring the permanence and irrevocability of the credit once it is issued. The Determination does not explicitly detail offences, penalties, or civil/criminal consequences for breach. However, given that the Determination is a ministerial direction under the Act, any failure to comply with its provisions could potentially lead to administrative or legal repercussions. Subsection 216(1) of the Act specifies that a determination once made cannot be revoked, indicating the importance and finality of the decision. While the Determination itself does not outline specific penalties, breaches of related legislative requirements could lead to consequences under the broader legislative framework, including possible administrative or judicial review.