EXPLANATORY STATEMENT
NATIONAL HEALTH ACT 1953
NATIONAL HEALTH (EMERGENCY TREATMENT PROGRAM) REVOCATION INSTRUMENT 2012
PB 74 of 2012
Authority
This instrument is made pursuant to section 100(2) of the National Health Act 1953 (the Act), which provides that the Minister may vary or revoke a special arrangement made under subsection 100(1) of the Act.
Purpose
The National Health (Emergency Treatment Program) Revocation Instrument 2012 (PB 74 of 2012) revokes the National Health (Emergency Treatment Program) Special Arrangements Instrument 2010 (PB 41 of 2010) (the Special Arrangement) which no longer has any function or purpose.
The Special Arrangement provides for the supply of methoxyflurane under a special arrangement made under subsection 100(1) of the Act.
Schedule 3 of the National Health Amendment (Pharmaceutical Benefits Scheme) Act 2012 (Amending Act) amends the Act, commencing 1 October 2012, to provide for prescriber bag only supply. Effective 1 October 2012, methoxyflurane will be available under section 93 of the Act. The revocation of the Special Arrangement reflects that due to the changes made by Schedule 3 of the Amending Act a section 100 special arrangement is no longer necessary.
This Instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Consultation
This revocation is of a minor and machinery nature and no consultation was required.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
National Health (Emergency Treatment Program) Revocation Instrument 2012
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 the Legislative Instrument
This instrument revokes the National Health (Emergency Treatment Program) Special Arrangements Instrument 2010, which provides for the supply of methoxyflurane under a section 100 special arrangement. The continuation of the supply of the listed drug will be provided for under section 93 of the National Health Act 1953.
Human rights implications
This legislative 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 PBS is a benefit scheme which assists with advancement of this human right by providing for subsidised access by patients to medicines. The recommendatory role of the PBAC ensures that decisions about subsidised access to medicines on the PBS are evidence-based.
Conclusion
This Legislative Instrument is compatible with human rights because it advances the protection of human rights.
Kim Bessell
First Assistant Secretary (Acting)
Pharmaceutical Benefits Division
Department of Health and Ageing