EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO. 249
ISSUED BY AUTHORITY OF THE MINISTER FOR HEALTH
HEALTH INSURANCE COMMISSION REGULATIONS (AMENDMENT)
Section 44 of the Health Insurance Commission Act 1973 (‘the Act’) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
The regulations effect a number of formal amendments of the Health Insurance Commission Regulations (‘the Regulations’) which do not involve any considerations of a policy nature. The regulations repeal regulations 3, 4 and 5 of the existing Regulations, which, as a result of amendments of the Act, no longer accorded with the original authority for making under section 44 of the Act.
Regulation 3 of the Regulations prescribed for the purposes of former sub-section 12(1) of the Act, salaries payable to part-time Commissioners of
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the Health Insurance Commission (‘the Commission’) in respect of any period of office before 1 January 1975. Subsequent to the making of regulation 3, section 12 of the Act was repealed by the Health Insurance Commission Amendment Act 1978, and the current section 12 substituted. Salaries are now paid to part-time Commissioners, as provided for by the current section 12, in accordance with a determination of the Remuneration Tribunal pursuant to the Remuneration Tribunals Act 1973.
Regulation 4 of the Regulations prescribed, for the purposes of former sub-section 22(1) of the Act, the salary payable to the General Manager of the Commission prior to 1 January 1975. Subsequent to the making of regulation 4, section 22 of the Act was repealed by the Health Insurance Commission Amendment Act 1978, and the current section 22 substituted. Salary is now paid to the General Manager of the Commission, as provided for by the current section 22, in accordance with a determination of the Remuneration Tribunal.
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Regulation 5 of the regulations prescribed, for the purposes of former sub-sections 12 (2) and 22(2) of the Act, allowances to be paid where a part-time Commissioner or the General Manager of the Commission performs his duties overseas. Subsequent to the making of regulation 5, sections 12 and 22 were repealed by the Health Insurance Commission Amendment Act 1978, and the current sections 12 and 22 substituted. The allowances are now paid, as provided for by sub-sections 12(3) and 22(3) of the Act, in accordance with a determination of the Remuneration Tribunal.
The statutory rules commenced to operate on the date of their notification in the Commonwealth of Australia Gazette.
Overview
The Health Insurance Commission Regulations (Amendment) Statutory Rules 1982 were enacted to update the Health Insurance Commission Regulations in light of amendments to the Health Insurance Commission Act 1973. These amendments, introduced by the Health Insurance Commission Amendment Act 1978, resulted in the repeal of certain sections of the original Act, necessitating adjustments to the corresponding regulations to maintain alignment with the updated legislative framework. The regulations were made under section 44 of the Health Insurance Commission Act 1973, which empowers the Governor-General to issue regulations necessary or convenient for the Act's implementation. The primary objective of these amendments was to ensure that the regulations governing the salaries and allowances of part-time Commissioners and the General Manager of the Health Insurance Commission continue to be consistent with the current legislative provisions, particularly in relation to the determination of remuneration by the Remuneration Tribunal. The statutory rules were issued by authority of the Minister for Health and took effect from the date of their notification in the Commonwealth of Australia Gazette.
Scope and Application
The Health Insurance Commission Regulations (Amendment) Statutory Rules 1982 No. 249, issued under the authority of the Minister for Health, address technical adjustments to the Health Insurance Commission Regulations. These regulations are instrumental in updating the existing framework to align with subsequent amendments to the Health Insurance Commission Act 1973. Specifically, the rules repeal regulations 3, 4, and 5 of the existing Regulations, which were no longer consistent with the current provisions of the Act following its amendment. These repealed regulations previously dealt with the salaries and allowances for part-time Commissioners and the General Manager of the Health Insurance Commission, which are now governed by the Remuneration Tribunal under the Remuneration Tribunals Act 1973. The regulations reflect the updated legislative environment while ensuring that the administration of salaries and allowances remains compliant with current legal standards. The amendments are purely formal and do not introduce any new policy considerations. These regulations apply across the Commonwealth of Australia and are effective from the date of their notification in the Commonwealth of Australia Gazette.
Key Provisions
The Health Insurance Commission Regulations (Amendment) (F1996B01024) amends existing regulations under the Health Insurance Commission Act 1973 (the Act). These amendments are largely technical, as they repeal certain regulations that have become redundant following changes to the Act itself. Specifically, Regulations 3, 4, and 5, which previously prescribed salaries and allowances for part-time Commissioners and the General Manager of the Health Insurance Commission (the Commission), are repealed. These regulations had originally been made under the authority of section 44 of the Act but are no longer consistent with the current provisions of the Act, which now specify that salaries and allowances are to be determined by the Remuneration Tribunal pursuant to the Remuneration Tribunals Act 1973.
Under the amended regulations, the obligations and requirements imposed on the parties governed by the Act are streamlined. Part-time Commissioners and the General Manager of the Commission will now receive their salaries and allowances in accordance with the determinations of the Remuneration Tribunal. This change ensures that all remuneration matters are handled consistently with other federal public service positions, aligning with the contemporary framework established by the Remuneration Tribunals Act 1973. The Health Insurance Commission is required to follow these new determinations when calculating and disbursing remuneration, ensuring compliance with the current legislative framework.
Breaches of the regulations may not be explicitly defined in this particular set of statutory rules. However, any failure to adhere to the determinations of the Remuneration Tribunal for the remuneration of part-time Commissioners and the General Manager could result in legal consequences under the broader legislative framework. Although the specific penalties for non-compliance are not detailed within these regulations, they would typically involve administrative, civil, or criminal actions under the relevant acts governing the Health Insurance Commission and the Remuneration Tribunal. These could include fines or other penalties as stipulated by the overarching legislative provisions.