EXPLANATORY STATEMENT
Health Workforce Australia Act 2009
Health Workforce Australia (Eligibility) Instrument 2012 (No. 1)
Authority
Subsection 5(3) of the Health Workforce Australia Act 2009 (the Act) provides that the Minister may make a legislative instrument specifying the kinds of students who are eligible and the kinds of clinical training that are eligible for the purposes of Health Workforce Australia providing financial support under paragraph 5(1)(a) of the Act. Subsection 5(4) provides that the legislative instrument may specify kinds of clinical training by reference to specified courses or kinds of courses in which clinical training is provided or specified persons or kinds of persons providing clinical training.
Background
Health Workforce Australia is responsible for delivering clinical training reform as specified in the Council of Australian Governments’ 2008 National Partnership Agreement on Hospital and Health Workforce Reform. Through this initiative Health Workforce Australia provides funding subsidies to support growth in student clinical training places for specified health professions.
Purpose
The purpose of this instrument is to specify the kinds of students and the kinds of clinical training in respect of which financial support may be provided under the Act.
Details of the instrument are in the Attachment.
The instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Consultation
In October 2009 the Australian Health Ministers’ Advisory Council identified a list of health professions, based on an agreed set of principles, which could be eligible for clinical training funding by Health Workforce Australia, subject to final determination of those professions by the Australian Health Ministers’ Conference.
On 22 April 2010, following a request by the Board of Health Workforce Australia, the Ministers of the Australian Health Ministers’ Conference endorsed a schedule of 25 eligible professions and a definition of ‘professional entry course’ for the purposes of clinical training funding by Health Workforce Australia.
The instrument is based on the definitions endorsed by the Australian Health Ministers Conference.
ATTACHMENT
Details of the Health Workforce Australia (Eligibility) Instrument 2012 (No. 1)
Section 1 Name of instrument
This section states that the name of the instrument is the Health Workforce Australia (Eligibility) Instrument 2012 (No. 1).
Section 2 Commencement
This section states that the instrument commences on the date after registration.
Section 3 Interpretation
This section defines a 'professional entry course', and terms used in that definition, for professions specified in the Schedule.
For all ‘specified professions’, a professional entry course is one undertaken by an individual through a university or VET provider in Australia, which on completion, confers a qualification on the individual that allows entry to the specified profession (assuming all other entry requirements are met) where the individual was not previously eligible to enter that profession.
‘Specified profession’ is defined to mean a profession listed in the Schedule.
‘University’ is defined to mean a ‘registered higher education provider’ as defined in the Tertiary Education Quality and Standards Agency Act 2011.
‘VET provider’ is defined to mean a ‘registered training organisation; as defined in the National Vocational Education and Training Regulator Act 2011.
Section 4 Eligible students
This section defines eligible students as students undertaking (or who have been accepted into) professional entry courses for professions specified in the Schedule.
Section 5 Eligible clinical training
This section defines eligible clinical training as clinical training undertaken in professional entry courses in professions listed in the Schedule.
Schedule – specified professions
The Schedule specifies those professions which, as professional entry courses, are eligible for clinical training funding.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Health Workforce Australia (Eligibility) Instrument 2012 (No. 1)
This 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 the Legislative Instrument
To deliver the health workforce reform component of the COAG 2008 National Partnership Agreement on Hospital and Health Workforce Reform, Health Workforce Australia provides funding to support growth in student clinical training places for medicine, nursing, allied health and dental training (clinical training funding), under paragraph 5(1)(a) of the Health Workforce Australia Act 2009 (the Act).
The instrument is new and is made under subsection 5(3) of the Act to specify the kinds of students, and the kinds of clinical training, eligible for clinical training funding under the Act. Eligibility is determined by reference to clinical training in professional entry courses for the 25 professions listed in the Schedule to the instrument.
The instrument specifies which health professions may attract clinical training funding, and that both universities and vocational education and training (VET) providers may be eligible for funding to support growth in clinical training in professional entry courses.
Human rights implications
The instrument engages Articles 2 and 12 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) by assisting with the progressive realisation by all appropriate means of the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.
The provision of clinical training funding by Health Workforce Australia assists with the advancement of this human right by supporting growth in the health workforce to meet the needs of the Australian community.
By including Aboriginal Health Work as a specified profession, and enabling professional entry courses provided by VET providers to attract funding, the health needs of Aboriginal and Torres Strait Islander people are likely to be progressively addressed.
Conclusion
The instrument is therefore compatible with human rights because it advances the protection of human rights.
Tanya Plibersek
Minister for Health