National Health (Growth Hormone program) Special Arrangement Amendment Instrument 2015 (No. 1) (PB 96 of 2015)

Administered by Department of Health, Disability and Ageing

Legislation au F2015L01904 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

NATIONAL HEALTH ACT 1953

National Health (Growth Hormone Program) Special Arrangement

Amendment Instrument 2015 (No.1)

PB 96 of 2015

 

Authority

Subsection 100(1) of the National Health Act 1953 (the Act) enables the Minister to make special arrangements for the supply of pharmaceutical benefits. Subsection 100(2) of the Act provides that the Minister may vary or revoke a special arrangement made under subsection 100(1).

Subsection 100(3) of the Act provides that Part VII of the Act, and instruments made for the purposes of Part VII have effect subject to a special arrangement made under subsection 100(1).

Purpose

The purpose of this legislative instrument, made under subsections 100(1) and 100(2) of the Act, is to amend the National Health (Growth Hormone Program) Special Arrangement 2015 (PB 85 of 2015) (the Special Arrangement), to make changes relating to the Growth Hormone Program.

 

The purpose of the Special Arrangement is to allow for growth hormone to be supplied to specific patients through eligible medical practitioners.

 

This instrument:

  • adds two new pharmaceutical benefits to the schedule of pharmaceutical benefits covered by the Special Arrangement (schedule 1); and
  • amends the brand name of a pharmaceutical benefit listed in the schedule of pharmaceutical benefits covered by the Special Arrangement (schedule 1).

 

A provision by provision description of this instrument is contained in the Attachment.

 

Consultation

The addition of these amendments was made having regard to advice provided by the Pharmaceutical Benefits Advisory Committee (PBAC). PBAC is an independent expert body established by section 100A of the Act which makes recommendations to the Minister about which drugs and medicinal preparations should be available as pharmaceutical benefits.

PBAC has broad representation with members appointed following nomination by prescribed organisations and associations from consumers, health economists, practising community pharmacists, general practitioners, clinical pharmacologists and specialists; at least one member is selected from each of those interests or professions. Remaining members are persons whom the Minister is satisfied have qualifications and experience in a field relevant to the functions of PBAC, and that would enable them to contribute meaningfully to the deliberations of PBAC. When recommending the listing of a medicine on the Pharmaceutical Benefits Scheme (PBS), PBAC takes into account the medical conditions for which the medicine has been approved for use in Australia, its clinical effectiveness, safety and cost-effectiveness compared with other treatments.

Pharmaceutical companies are consulted throughout the process for additions and changes to listings on the PBS and for this Special Arrangement. This includes consultation through the PBAC process, which provides for consumers making submissions to the Committee in respect of proposals to be discussed, and agreement to final listing details.

General

This instrument commences on 1 December 2015.

This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 


ATTACHMENT

PROVISION BY PROVISION DESCRIPTION OF THE NATIONAL HEALTH (GROWTH HORMONE PROGRAM) SPECIAL ARRANGEMENT AMENDMENT INSTRUMENT 2015 (No. 1)

Section 1 Name of Instrument

This section provides that this instrument is the National Health (Growth Hormone Program) Special Arrangement Amendment Instrument 2015 (No. 1) and that it may also be cited as PB 96 of 2015.

Section 2 Commencement

This section provides that this instrument commences on 1 December 2015.

Section 3 Amendment of PB 85 of 2015

This section provides that Schedule 1 amends the National Health (Growth Hormone Program) Special Arrangement 2015 (PB 85 of 2015) (the Special Arrangement).

Schedule 1

Item 1 amends Schedule 1 of the Special Arrangement by adding a pharmaceutical benefit which is the listed drug ‘Somatropin’, in the form ‘Solution for injection 5 mg (15 i.u.) in 1.5 mL cartridge (with preservative)’, with the manner of administration of ‘Injection’, and brand ‘Omnitrope Surepal 5’.

Item 2 amends Schedule 1 of the Special Arrangement by adding a pharmaceutical benefit which is the listed drug ‘Somatropin’, in the form ‘Solution for injection 10 mg (30 i.u.) in 1.5 mL cartridge (with preservative), with the manner of administration of ‘Injection’, and brand ‘Omnitrope Surepal 10’.

Item 3 amends the entry in Schedule 1 of the Special Arrangement for the listed drug ‘Somatropin’, in the form ‘Solution for injection 15 mg (45 i.u) in 1.5 mL cartridge (with preservative)’, with the manner of administration of ‘Injection’, and brand Omnitrope SurePal’, by substituting the brand ‘Omnitrope SurePal’ with the brand ‘Omnitrope Surepal 15’.

 


of the upper limbs in adults following a stroke, as second line therapy when standard management has failed or as an adjunct to physical therapy) in Schedule 3 of the Special Arrangement, consequential to the insertion of a new listed drug into Schedule 1 of the Special Arrangement (see item 23).

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Overview

The National Health (Growth Hormone Program) Special Arrangement Amendment Instrument 2015 (No. 1) was enacted to amend the National Health (Growth Hormone Program) Special Arrangement 2015, made under the National Health Act 1953. This legislative instrument was introduced to address the need for the expansion and adjustment of pharmaceutical benefits available under the Growth Hormone Program, specifically for the treatment of certain medical conditions requiring growth hormone. The purpose of this amendment is to include additional pharmaceutical benefits in the program, ensuring that specific patients receive necessary treatments through eligible medical practitioners. The National Health (Growth Hormone Program) Special Arrangement Amendment Instrument 2015 (No. 1) was enacted by the Minister for Health under the authority provided by subsections 100(1) and 100(2) of the National Health Act 1953, with the overarching policy objective of enhancing access to essential pharmaceutical treatments for eligible patients. This amendment was made following consultations with the Pharmaceutical Benefits Advisory Committee (PBAC), an independent expert body that advises on the listing of medicines on the Pharmaceutical Benefits Scheme (PBS). PBAC ensures that recommendations are based on clinical effectiveness, safety, and cost-effectiveness. The changes to the Growth Hormone Program reflect PBAC's advice and consultations with pharmaceutical companies. The instrument aims to refine the availability of growth hormone treatments, ensuring that the program remains effective and responsive to the needs of patients. The instrument commenced on 1 December 2015, and it is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

Scope and Application

The National Health (Growth Hormone Program) Special Arrangement Amendment Instrument 2015 (No.1) amends the National Health (Growth Hormone Program) Special Arrangement 2015 to incorporate changes in the provision of growth hormone to specific patients through eligible medical practitioners under the National Health Act 1953. This instrument adds two new pharmaceutical benefits to the schedule of pharmaceutical benefits covered by the Special Arrangement and amends the brand name of a pharmaceutical benefit listed in the schedule. The amendments are designed to allow for the supply of growth hormone, specifically somatropin, in various dosages and forms, to eligible patients. The instrument applies nationally, as it is made under the authority of the Commonwealth and affects the supply of pharmaceutical benefits across Australia. There are no specific exclusions or thresholds mentioned in the explanatory statement, but the amendments are subject to the overarching provisions of the National Health Act 1953 and the Pharmaceutical Benefits Scheme (PBS). The instrument came into effect on 1 December 2015, and its provisions are subject to the authority and oversight of the Minister for Health, who has the power to vary or revoke special arrangements made under the Act.

Key Provisions

The National Health (Growth Hormone Program) Special Arrangement Amendment Instrument 2015 (No. 1) (PB 96 of 2015) amends the National Health (Growth Hormone Program) Special Arrangement 2015 (PB 85 of 2015). This amendment, effective from 1 December 2015, introduces two new pharmaceutical benefits under the Growth Hormone Program and modifies the brand name of an existing benefit. Specifically, it adds Somatropin in two new forms, 'Solution for injection 5 mg (15 i.u.) in 1.5 mL cartridge (with preservative)' under the brand 'Omnitrope Surepal 5', and 'Solution for injection 10 mg (30 i.u.) in 1.5 mL cartridge (with preservative)' under the brand 'Omnitrope Surepal 10'. Additionally, it updates the brand name of the existing 'Somatropin' form 'Solution for injection 15 mg (45 i.u) in 1.5 mL cartridge (with preservative)' from 'Omnitrope SurePal' to 'Omnitrope Surepal 15'. Under this amendment, certain obligations and requirements are imposed on the parties involved. Pharmaceutical companies must ensure that the newly listed drugs are available for supply under the Growth Hormone Program as per the specifications detailed in the amendment. Eligible medical practitioners who participate in the program must adhere to the criteria and guidelines set out in the Special Arrangement to administer these drugs to eligible patients. Furthermore, the Pharmaceutical Benefits Advisory Committee (PBAC) plays a crucial role in advising the Minister on the suitability and appropriateness of these pharmaceutical benefits for inclusion in the program. Breaches of the provisions under this amendment may lead to various consequences. While specific offences and penalties are not detailed in the explanatory statement, general breaches of the National Health Act 1953 can result in civil or criminal penalties. For instance, supplying a pharmaceutical benefit not listed under the Special Arrangement, or misrepresenting eligibility criteria, may incur fines or other sanctions. The exact penalties would depend on the severity and nature of the breach, but they could potentially include substantial fines and, in more serious cases, imprisonment. The enforcement of these provisions ensures compliance and integrity within the Growth Hormone Program.

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