EXPLANATORY MEMORANDUM
Minute No. 87 of 2024 - Minister for Health and Aged Care
Subject - National Health Act 1953
National Health (Chairperson of the Pharmaceutical Benefits Remuneration Tribunal) Appointment 2024
The proposed instrument would appoint Deputy President Judith Wright of the Fair Work Commission as the Chairperson of the Pharmaceutical Benefits Remuneration Tribunal on a part-time basis for a period of three years, from 29 May 2024. |
The National Health Act 1953 (the Act) makes provision for pharmaceutical, sickness and hospital benefits, and of medical and dental services.
Section 98A of the Act establishes the Pharmaceutical Benefits Remuneration Tribunal (PBRT). The role of PBRT is to determine the remuneration for approved pharmacists for dispensing Pharmaceutical Benefits Scheme medicines.
Subsections 98A(2) provides the PBRT shall consist of a Chairperson appointed by the Governor‑General and four additional members appointed by the Minister.
Subsection 98A(2A) of the Act requires that at least one of the additional members has previous experience in community pharmacy and, prior to making that appointment, the Minister must consult with the Pharmacy Guild of Australia.
Under subsection 98A(3) of the Act, appointments to the PBRT are to be on a part‑time basis. Subsection 98A(4) of the Act provides that the Chairperson must be a Deputy President of the Fair Work Commission (FWC). Under subsection 99A(1) a member holds office not exceeding 3 years on such terms and conditions as are specified in the instrument of his or her appointment, but is eligible for re-appointment. Subsection 99A(2) provides that if the Chairperson ceases to be a Deputy President of the Fair Work Commission he or she ceases to hold the office of Chairperson.
Subsection 98BAA(1) of the Act provides that while there is an agreement between the Minister and approved pharmacists in force, in relation to how much the Australian Government pays pharmacists for dispensing medicines under the Pharmaceutical Benefits Scheme (PBS), the PBRT must give effect to the terms of that agreement.
The Minute proposes the appointment of Ms Judith Wright as the Chairperson of the PBRT on a part‑time basis for a period of three years, commencing on 29 May 2024.
Ms Wright, has expertise in industrial relations and community law. Her 28 years’ experience in workplace relations practice includes the social, community and disability sectors and pay equity, the trade union movement, community sector and private legal practice. She is a Deputy President of the Fair Work Commission a role she was appointed to on 24 July 2023.
Ms Wright replaces Ms Beaumont who served as Chairperson of the PBRT for the previous six years. She will serve the PBRT with four additional members.
Appointments for three of additional members will be finalised by end of May 2024. Government targets for gender and geographical balance has high priority when selecting suitable candidates, with the specialised skills required if the PBRT is required to commence an inquiry under Section 98BA of the Act.
Ms Wright’s curriculum vitae is attached.
The Minute recommends that the appointment be made in the form proposed.
I certify that, for the purpose of subsection 98A(4) of the National Health Act 1953, Ms Judith Wright is eligible for appointment as Chairperson of the Pharmaceutical Benefits Remuneration Tribunal being a Deputy President of the Fair Work Commission.
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Minister for Health and Aged Care
Authority: Paragraph 98A(2)(a) of the
National Health Act 1953
CURRICULUM VITAE
Name: Ms Judith Cathlin Wright
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