National Health (Continence Aids Payment Scheme) Amendment (Indexation of CAPS Payment) Instrument 2019

Administered by Department of Health, Disability and Ageing

Legislation au F2019L00879 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Issued by the authority of the Minister for Aged Care and Senior Australians

 

National Health Act 1953

 

National Health (Continence Aids Payment Scheme) Amendment (Indexation of CAPS Payment) Instrument 2019

 

Authority

This Instrument is made under section 12 of the National Health Act 1953 (the Act).

 

Background

The Act relates to the provision of pharmaceutical, sickness and hospital benefits, and of medical and dental services.

 

Section 12 of the Act provides that the Minister may, by legislative instrument, formulate a Continence Aids Payment Scheme, under which the Commonwealth makes payments as a contribution towards the cost of buying products that help manage incontinence.

 

Paragraph 12(3)(c) of the Act states ‘…the legislative instrument may provide for … the amount of the contribution that is payable in each financial year in relation to a person who is participating in the scheme’.

 

Purpose

The Continence Aids Payment Scheme 2010 (CAPS) makes a monetary payment to an eligible person which is intended to contribute towards their costs in purchasing continence aids.

 

The purpose of this Instrument is to increase that contribution in line with the Consumer Price Index.

 

Consultation

Indexation of the CAPS uses a formula based on the indexation figures supplied by the Department of Finance.  As this is in accordance with policy upon which consultation was undertaken with Legal Advice and Legislation Branch in April 2019, no specific consultation was undertaken with respect to this instrument.

 

Commencement

This Instrument commences on 1 July 2019.

 

This Instrument is a legislative instrument for the purposes of the Legislation Act 2003.

 

Reliance on subsection 33(3) of the Acts Interpretation Act 1901

Under subsection 33(3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

ATTACHMENT

 

 

Details of the National Health (Continence Aids Payment Scheme) Amendment (Indexation of CAPS Payment) Instrument 2019

 

Clause 1 states that the name of the instrument is the National Health (Continence Aids Payment Scheme) Amendment (Indexation of CAPS Payment) Instrument 2019.

 

Clause 2 sets out the commencement date of the instrument.

 

Clause 3 provides that the authority for the making of the instrument is the National Health Act 1953.

 

The authority for making the specific amendments is section 12.

 

Clause 4 provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

 

Schedule 1 – Amendments

 

Continence Aids Payments Scheme 2010

 

Item 1 – Subsection 9(1)

This item substitutes a new subsection 9(1) that provides for the indexation of the amount of CAPS payment for a financial year. Indexation is by CPI, from $596.60 to $609.70.

 

 

 


Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

National Health (Continence Aids Payment Scheme) Amendment (Indexation of CAPS Payment) Instrument 2019

This legislative 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 Legislative Instrument

The Continence Aids Payment Scheme 2010 (CAPS) makes a monetary payment to an eligible person which is intended to contribute towards their costs in purchasing continence aids.

 

The purpose of the Legislative Instrument is to increase the contribution in line with agreed indexation arrangements for this payment.

Human rights implications

This Legislative Instrument is compatible with the human rights to an adequate standard of living and to the enjoyment of the highest attainable standard of physical and mental health contained in articles 11 and 12 of the International Covenant on Economic Social and Cultural Rights.  

 

This Legislative Instrument increases the dollar amount of payment under CAPS paid to participating persons.  The increase is in accordance with movements in the Consumer Price Index.  The increased amount helps to ensure that the level of payment made to participating persons is maintained. 

Conclusion

This Legislative Instrument is compatible with human rights because it enhances the protection of human rights.

 

Senator the Hon Richard Colbeck

Minister for Aged Care and Senior Australians

 

 

Overview

The National Health (Continence Aids Payment Scheme) Amendment (Indexation of CAPS Payment) Instrument 2019 is a legislative instrument made under the National Health Act 1953, designed to amend the Continence Aids Payment Scheme 2010. This Instrument aims to index the payment amount under the CAPS to reflect changes in the Consumer Price Index (CPI), thereby maintaining the purchasing power of the payments made to eligible persons. The purpose of this adjustment is to ensure that the financial assistance provided by the scheme remains effective in covering the costs of continence aids, thereby supporting the health and wellbeing of participants. The Instrument was enacted following consultation with relevant legal and policy branches, and it commenced on 1 July 2019. It is compatible with human rights as it upholds the rights to an adequate standard of living and the highest attainable standard of physical and mental health.

Scope and Application

The National Health (Continence Aids Payment Scheme) Amendment (Indexation of CAPS Payment) Instrument 2019 applies to eligible individuals who participate in the Continence Aids Payment Scheme (CAPS), a scheme established under section 12 of the National Health Act 1953. This legislative instrument is designed to increase the payment contribution for CAPS participants in line with the Consumer Price Index (CPI), ensuring that the financial assistance remains relevant to the cost of living. The amendment directly affects those who qualify for and rely on the scheme to assist with the purchase of continence aids, thereby supporting their health and wellbeing. The instrument extends across the Commonwealth of Australia and is administered in accordance with national health policies and funding allocations. The Act provides for the scheme to be managed by the Minister for Aged Care and Senior Australians, who has the authority to make such legislative instruments under section 12 of the National Health Act 1953. This amendment specifies that the payments under CAPS are to be indexed, reflecting changes in the CPI to maintain the purchasing power of the contribution. There are no exclusions or exemptions mentioned in this particular instrument, and it operates nationally, ensuring consistency in the application of health-related financial support across all states and territories. The instrument operates as a subordinate piece of legislation, derived from the primary authority granted in the National Health Act 1953.

Key Provisions

The National Health (Continence Aids Payment Scheme) Amendment (Indexation of CAPS Payment) Instrument 2019 (the Instrument) amends the Continence Aids Payment Scheme 2010 (CAPS) to index the payments made under the scheme. Clause 1 identifies the Instrument as the amendment to the CAPS, Clause 2 specifies the commencement date of 1 July 2019, and Clause 3 references the National Health Act 1953 as the authority for the Instrument. Clause 4 indicates that the amendments are set out in Schedule 1, with Item 1 substituting a new Subsection 9(1) that provides for the indexation of the amount of CAPS payment for a financial year by the Consumer Price Index (CPI), from $596.60 to $609.70. The obligations and requirements imposed by the Instrument on the parties governed by it are primarily related to the indexation of the CAPS payments. Under Subsection 9(1), the payments will be adjusted in line with the CPI, ensuring that the amount paid to eligible persons remains consistent with inflation. This indexation is automatic and does not require any additional action from the parties involved, other than to ensure that the updated payment amount is used in calculations and disbursements. The Instrument does not explicitly outline any offences, penalties, or civil or criminal consequences for breaches. However, the compliance with the indexation requirements is crucial to ensure that the payments are accurately adjusted. Failure to adhere to the indexation formula or to implement the updated payment amounts could potentially lead to disputes or financial discrepancies, which may be addressed through administrative or legal means under the broader legislative framework of the National Health Act 1953. The penalties for non-compliance would be determined by the general provisions of the Act and any related regulations or guidelines. Overall, the Instrument serves to maintain the purchasing power of the CAPS payments by aligning them with inflation, ensuring that the financial support provided to eligible persons remains effective over time. This amendment reflects a commitment to sustaining the integrity and relevance of the CAPS in meeting the needs of participants.

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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.