EXPLANATORY STATEMENT
Subject: Health Workforce Australia (Abolition) Act 2014
Proclamation
Item 2 of the table in subsection 2(1) of the Health Workforce Australia (Abolition) Act 2014 (The Act) provides that Schedule 1, Parts 2 and 3 to the Act commence on a single day to be fixed by Proclamation. However, if the provision(s) do not commence within the period of 6 months beginning on the day the Act receives the Royal Assent, they commence on the day after the end of that period. The Act received the Royal Assent on 24 September 2014.
The purpose of the Proclamation is to fix 8 October 2014 as the day on which Parts 2 and 3 of Schedule 1 commence.
Part 2 of Schedule 1 refers to the repeal of the Health Workforce Australia Act 2009, specifically the repeal of the whole Act.
Part 3 of Schedule 1 provides transitional provisions so that assets, liabilities and functions, of Health Workforce Australia (HWA) are transferred to the Department of Health and the smooth wind-up of HWA is completed.
The object of the Health Workforce Australia Act 2009 was to provide support for the delivery of clinical training, including simulation training, for the purposes of the health workforce, the conduct of research and data analysis to assist with the development of strategies and policy related to the health workforce. These functions have now been consolidated into the Department of Health with no disruption to service delivery.
These measures are in response to concerns raised by health workforce stakeholders during the independent review of Australian Government Health Workforce programmes, that reported in May 2013 and fulfil an election commitment to provide more efficient health services by streamlining delivery and reducing duplication and bureaucracy.
Part 1 of Schedule 1of the Act commenced the day the Act received the Royal Assent.
The Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Minute recommends that the Proclamation be made in the form proposed.
Authority: Subsection 2(1) of the
Health Workforce Australia
(Abolition) Act 2014
Overview
The Health Workforce Australia (Abolition) Act 2014 was enacted to address inefficiencies and bureaucratic redundancies identified within the health workforce sector in Australia. This Act was introduced in response to recommendations from the independent review of Australian Government Health Workforce programs, conducted in May 2013, and it aligns with the government’s election commitment to streamline health services and reduce duplication. The Act, which received Royal Assent on 24 September 2014, aims to consolidate the functions of Health Workforce Australia into the Department of Health, ensuring a smooth transition that maintains continuity of service. The Proclamation, issued under the authority of the Act, sets 8 October 2014 as the commencement date for the repeal of the Health Workforce Australia Act 2009 and the implementation of transitional provisions to transfer assets, liabilities, and functions from Health Workforce Australia to the Department of Health.
Scope and Application
The Health Workforce Australia (Abolition) Act 2014 applies to the entity known as Health Workforce Australia (HWA), which was established under the Health Workforce Australia Act 2009. The Act seeks to dissolve HWA and transition its functions, assets, and liabilities to the Department of Health. This legislative measure was undertaken to enhance efficiency and eliminate redundancy in health workforce services, aligning with recommendations from the independent review of Australian Government Health Workforce programs and an election commitment to streamline service delivery. The Act's jurisdictional reach is national, as it pertains to the Commonwealth government's restructuring of health workforce support entities. The Proclamation, which sets the commencement date for the repeal and transitional provisions, ensures that these changes are implemented within six months of the Act receiving Royal Assent, with the specified commencement date being 8 October 2014. This Act does not explicitly state any exclusions, exemptions, or thresholds, but it does provide for the smooth transfer of HWA's functions, ensuring continuity in health workforce support and policy development.
Key Provisions
The Health Workforce Australia (Abolition) Act 2014 (the Act) contains significant provisions concerning the abolition of Health Workforce Australia (HWA) and the transfer of its functions to the Department of Health. Section 2(1) of the Act specifies that Parts 2 and 3 of Schedule 1, which deal with the repeal of the Health Workforce Australia Act 2009 and the transitional arrangements for the transfer of assets, liabilities, and functions, will commence on a date to be fixed by Proclamation. This Proclamation was made on 24 September 2014, setting 8 October 2014 as the commencement date for these parts. Part 1 of Schedule 1, which provides for the immediate commencement of the Act upon receiving Royal Assent, was effective from the date of Royal Assent.
The Act imposes specific obligations on the entities it governs, primarily ensuring a smooth and efficient transition of HWA's functions to the Department of Health. Section 2(1) mandates that all functions, assets, and liabilities of HWA are to be transferred to the Department of Health. The Act also requires the orderly wind-up of HWA, ensuring that all operations are concluded without disrupting the services provided. The primary focus is on maintaining continuity in health workforce support, clinical training, and data analysis services to avoid any service delivery interruptions.
Under the Act, there are no specific offences or penalties outlined for breaches of its provisions. However, the Act is underpinned by the general legal framework of Australia, where non-compliance with legislative requirements can lead to civil or criminal consequences depending on the nature and severity of the breach. For instance, failure to comply with the transfer of functions or the proper wind-up of HWA could potentially result in legal actions for breach of statutory duties or other relevant legal consequences. The maximum penalties for such breaches would depend on the specific legal context and the discretion of the court or relevant authority.