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
REDACTED
Overview
The National Health (Chairperson of the Pharmaceutical Benefits Remuneration Tribunal) Appointment 2024, introduced by Minute No. 87 of 2024 from the Minister for Health and Aged Care, appoints Deputy President Judith Wright of the Fair Work Commission as the Chairperson of the Pharmaceutical Benefits Remuneration Tribunal (PBRT) on a part-time basis for three years, effective from 29 May 2024. This appointment under the National Health Act 1953 aims to fill the role vacated by Ms Beaumont, who served for six years. Ms Wright brings extensive experience in industrial relations and community law, including roles in the social, community, and disability sectors, the trade union movement, and private legal practice. Her expertise aligns with the policy objective of ensuring the PBRT is equipped with the necessary skills to effectively determine the remuneration for pharmacists dispensing Pharmaceutical Benefits Scheme medicines. The appointment process considers government targets for gender and geographical balance, ensuring the PBRT can operate efficiently and fairly under the terms of any relevant agreements between the Minister and approved pharmacists.
Scope and Application
The National Health Act 1953 governs the provision of pharmaceutical, sickness and hospital benefits, and medical and dental services within Australia. This Act includes provisions for the establishment and functions of the Pharmaceutical Benefits Remuneration Tribunal (PBRT), which is responsible for determining the remuneration for approved pharmacists who dispense Pharmaceutical Benefits Scheme (PBS) medicines. Section 98A of the Act mandates that the PBRT comprises a Chairperson and four additional members, with the Chairperson being appointed by the Governor-General and the additional members appointed by the Minister for Health and Aged Care. This appointment is on a part-time basis, and the Chairperson must be a Deputy President of the Fair Work Commission. The Act also stipulates that at least one of the additional members should have prior experience in community pharmacy, with the Minister required to consult with the Pharmacy Guild of Australia before making such an appointment. The PBRT operates under the terms of any agreement between the Minister and approved pharmacists regarding PBS payments. The proposed Minute No. 87 of 2024 seeks to appoint Deputy President Judith Wright of the Fair Work Commission as the Chairperson of the PBRT for a three-year term, starting from 29 May 2024. This appointment aligns with the eligibility criteria set out in subsection 98A(4) of the Act.
Key Provisions
The main operative sections of the legislation, the National Health (Chairperson of the Pharmaceutical Benefits Remuneration Tribunal) Appointment 2024, concern the appointment of Deputy President Judith Wright as the Chairperson of the Pharmaceutical Benefits Remuneration Tribunal (PBRT) (subsection 98A(4)). Section 98A of the National Health Act 1953 establishes the PBRT, which determines the remuneration for pharmacists dispensing Pharmaceutical Benefits Scheme medicines. The proposed appointment of Judith Wright as Chairperson is on a part-time basis for three years, commencing on 29 May 2024 (subsection 99A(1)). Judith Wright is a Deputy President of the Fair Work Commission and has 28 years of experience in workplace relations practice, including social, community, and disability sectors, pay equity, the trade union movement, and community sector and private legal practice (subsection 98BAA(1)).
The legislation imposes several obligations on the parties involved. The Minister for Health and Aged Care is required to appoint the Chairperson of the PBRT, who must be a Deputy President of the Fair Work Commission (subsection 98A(4)). The Minister must also ensure that at least one of the additional members of the PBRT has previous experience in community pharmacy and consult with the Pharmacy Guild of Australia before making such an appointment (subsection 98A(2A)). The Chairperson and additional members hold office for up to three years and are eligible for re-appointment (subsection 99A(1)). If the Chairperson ceases to be a Deputy President of the Fair Work Commission, they cease to hold the office of Chairperson (subsection 99A(2)).
Any breaches of the obligations imposed by the legislation may result in civil or criminal consequences. The Minister for Health and Aged Care must ensure that appointments to the PBRT are made in accordance with the Act. Failure to comply with the statutory requirements for appointment could result in legal challenges or administrative penalties. Additionally, if the PBRT does not give effect to the terms of an agreement between the Minister and approved pharmacists in force, in relation to the remuneration for dispensing medicines under the Pharmaceutical Benefits Scheme, this could lead to disputes and potential legal action (subsection 98BAA(1)). The penalties for such breaches are not explicitly stated in the provided text, but they could include fines, administrative sanctions, or judicial review depending on the nature and severity of the breach.