Medicare Guarantee (Treasury) Delegations 2023
I, Andrew Leigh, Assistant Minister for Competition, Charities and Treasury, make the following delegations.
Dated 23 May 2023
Dr Andrew Leigh
Assistant Minister for Competition, Charities and Treasury
Parliamentary Secretary to the Treasurer
Contents
Part 1—Preliminary
1 Name
2 Commencement
3 Authority
4 Definitions
Part 2—Delegations
5 Delegations to transfer of amounts to the Medicare Guarantee Fund (Health) Special Account
Part 3—Revocations
6 Revocation of previous delegations
Part 1—Preliminary
1 Name
This instrument is the Medicare Guarantee (Treasury) Delegations 2023.
2 Commencement
(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of this instrument | The day after this instrument is registered. | |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
3 Authority
This instrument is made under the Medicare Guarantee Act 2017.
4 Definitions
Note: Expressions have the same meaning in this instrument as in the Medicare Guarantee Act 2017 as in force from time to time—see paragraph 13(1)(b) of the Legislation Act 2003.
(1) In this instrument:
SES Band 2 employee means an SES employee who has been allocated an SES Band 2 classification.
the Act means the Medicare Guarantee Act 2017.
the Treasury means the Department of the Treasury.
Part 2—Delegations
5 Delegations to transfer of amounts to the Medicare Guarantee Fund (Health) Special Account
Under subsection 16(1) of the Act, each person holding, occupying or performing the duties of each of the following offices or positions in the Treasury, is delegated all the Treasurer’s functions and powers under section 14 of the Act:
(a) the Secretary;
(b) a Deputy Secretary;
(c) an SES Band 2 employee whose responsibilities include providing advice to the Treasurer in relation to healthcare policy matters.
Part 3—Revocations
6 Revocation of previous delegations
Under subsection 16(1) of the Act, all previous delegations of the Treasurer under the Act are revoked.
Overview
The Medicare Guarantee (Treasury) Delegations 2023I, enacted by Andrew Leigh, Assistant Minister for Competition, Charities and Treasury, is a legislative instrument designed to address the administrative requirements for the efficient operation of the Medicare Guarantee Act 2017. This instrument delegates specific functions and powers to designated officers within the Department of the Treasury, facilitating the transfer of funds to the Medicare Guarantee Fund (Health) Special Account as required by the Act. It was introduced to streamline the delegation process and ensure that the administrative functions of the Medicare system are efficiently managed by authorised personnel. The instrument revokes all previous delegations under the Act, consolidating authority within the specified roles to ensure clarity and effectiveness in the execution of delegated powers.
Scope and Application
The Medicare Guarantee (Treasury) Delegations 2023I, issued under the Medicare Guarantee Act 2017, outlines specific delegations within the Department of the Treasury concerning the transfer of amounts to the Medicare Guarantee Fund (Health) Special Account. This instrument applies to the Secretary, Deputy Secretaries, and SES Band 2 employees in the Treasury who are responsible for providing advice to the Treasurer on healthcare policy matters. By virtue of these delegations, these individuals are granted all the functions and powers of the Treasurer under section 14 of the Act. The delegations are effective from the day after the instrument is registered. Furthermore, this instrument revokes all previous delegations made under the Act, thereby consolidating authority in the specified roles within the Treasury.
Key Provisions
The Medicare Guarantee (Treasury) Delegations 2023 (F2023N00120) outlines the delegations made under the Medicare Guarantee Act 2017. Specifically, section 5 of the instrument delegates the Treasurer’s functions and powers concerning the transfer of amounts to the Medicare Guarantee Fund (Health) Special Account to certain officers within the Department of the Treasury. The named offices and positions eligible for this delegation include the Secretary, a Deputy Secretary, and an SES Band 2 employee whose duties involve advising the Treasurer on healthcare policy matters. This delegation is effective from the day after the instrument is registered, as stated in section 2(1).
Under the instrument, the individuals holding these positions are granted the authority to execute the functions and powers delegated by the Treasurer, as outlined in section 14 of the Medicare Guarantee Act 2017. These authorities pertain specifically to the transfer of funds to the Medicare Guarantee Fund, ensuring that those in these roles can perform these tasks without the need for direct intervention from the Treasurer. It is important to note that these delegations are exclusive to the functions and powers specified, and do not extend to other areas of the Act unless explicitly stated.
In addition to delegating new authorities, section 6 of the instrument revokes all previous delegations made by the Treasurer under the Act. This revocation ensures that only the current delegations specified in section 5 are in effect, thereby clarifying the scope and limits of the delegated powers. This helps to maintain a clear and updated framework for the transfer of funds to the Medicare Guarantee Fund, avoiding any potential confusion or overlap with past delegations.
The instrument also stipulates various obligations and requirements for the entities it governs. Those holding the delegated positions are expected to adhere to the terms and conditions set out in the Medicare Guarantee Act 2017 and any other relevant legislation. This includes ensuring that all actions taken under the delegations are lawful, transparent, and in the best interest of the Medicare Guarantee Fund. Furthermore, these individuals must maintain records of their actions and decisions, as may be required under the Act or any other applicable laws.
Breaching the terms of this delegation or failing to comply with the Act’s requirements can result in both civil and criminal consequences. For instance, any misuse of the delegated powers, such as transferring funds for unauthorised purposes, could be considered an offence. The penalties for such breaches may include fines and, in more severe cases, imprisonment. The maximum penalties are not explicitly stated in this instrument but would be governed by the provisions of the Medicare Guarantee Act 2017 and any other relevant laws. It is also important to note that breaches may result in civil actions, such as claims for compensation or other remedies, depending on the specific circumstances and the impact of the breach.