Health Workforce Australia (Eligibility) Instrument 2012 (No. 1)

Administered by Department of Health, Disability and Ageing

Legislation au F2012L02069 Not in force Legislative Instrument

Legislation content

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

 

Overview

The Health Workforce Australia Act 2009 was enacted to facilitate the delivery of clinical training reform as specified in the 2008 Council of Australian Governments’ National Partnership Agreement on Hospital and Health Workforce Reform. Health Workforce Australia, established under this Act, is responsible for providing funding subsidies to support growth in student clinical training places for specified health professions. The primary purpose of this legislation was to address the gap in the availability of adequately trained health professionals across Australia. Enacted by the Australian Parliament, the Act aims to ensure that the health workforce is sufficiently equipped to meet the nation’s healthcare needs through targeted financial support for clinical training. The Health Workforce Australia (Eligibility) Instrument 2012 (No. 1) was subsequently introduced to specify the kinds of students and clinical training that are eligible for financial support, aligning with the policy objective of enhancing the quality and accessibility of healthcare services by expanding the trained health workforce.

Scope and Application

The Health Workforce Australia (Eligibility) Instrument 2012 (No. 1) serves to specify the eligibility criteria for students and clinical training programs that can receive financial support under the Health Workforce Australia Act 2009. This legislative instrument applies to students who are enrolled in or accepted into professional entry courses for specified health professions, as listed in the Schedule of the instrument. These professions include but are not limited to medicine, nursing, allied health, and dental training, with eligibility extending to both university and vocational education and training (VET) providers in Australia. The geographic reach of this legislation is nationwide, as it applies to all eligible courses and providers within Australia, irrespective of state or territory boundaries. The instrument does not specify any exclusions or exemptions explicitly but instead focuses on defining the kinds of eligible clinical training and students through the Schedule and the definitions provided. The scope of the Act is further extended through the Schedule, which lists the 25 specified professions eligible for clinical training funding, thus providing a clear and specific application of the legislative intent outlined in the Health Workforce Australia Act 2009.

Key Provisions

The Health Workforce Australia (Eligibility) Instrument 2012 (No. 1) outlines the kinds of students and clinical training that qualify for financial support under the Health Workforce Australia Act 2009 (sections 4 and 5). It specifies that eligible students are those enrolled in or accepted into professional entry courses for the 25 professions listed in the Schedule (section 4). Similarly, eligible clinical training refers to training provided in these professional entry courses for the listed professions (section 5). A professional entry course is defined as one that, upon completion, confers a qualification allowing entry into the specified profession, provided all other entry requirements are met (section 3). The Act imposes obligations on students, educational institutions, and Health Workforce Australia. Students must be enrolled in or accepted into professional entry courses for specified professions to be eligible for funding (section 4). Educational institutions, which include universities and vocational education and training (VET) providers, must offer these professional entry courses to qualify for funding support (section 5). Health Workforce Australia, on the other hand, is responsible for providing financial support for clinical training in these courses to support the growth of the health workforce (section 1). Failure to comply with the provisions of this instrument can lead to serious consequences. Although specific penalties are not detailed in the explanatory statement, breaches of the Health Workforce Australia Act 2009 could result in civil or criminal penalties. These may include fines or imprisonment, depending on the severity and nature of the breach. For instance, providing false information to obtain funding could lead to criminal charges, while failure to use funds appropriately could result in civil penalties. It is crucial for all parties to adhere to the requirements set forth to avoid these consequences.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.