National Health (Paraplegic and Quadriplegic Program) Special Arrangement Amendment Instrument 2025 (No. 1)

Administered by Department of Health, Disability and Ageing

Legislation au F2025L00627 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

NATIONAL HEALTH ACT 1953

NATIONAL HEALTH (PARAPLEGIC AND QUADRIPLEGIC PROGRAM)
SPECIAL ARRANGEMENT AMENDMENT INSTRUMENT 2025 (No. 1)

PB 60 of 2025

Purpose

This is the National Health (Paraplegic and Quadriplegic Program) Special Arrangement Amendment Instrument 2025 (No. 1) (this Instrument). The purpose of this Instrument, made under subsection 100(2) of the National Health Act 1953 (the Act), is to amend the National Health (Paraplegic and Quadriplegic Program) Special Arrangement 2021 (PB 31 of 2021) (the Special Arrangement) to make changes to the Special Arrangement relating to the Paraplegic and Quadriplegic Program.

The Paraplegic and Quadriplegic Program Special Arrangement provides for ‘authorised associations’ to supply pharmaceutical benefits available under the Special Arrangement to ‘eligible persons’. A person is an ‘eligible person’ for the purposes of the Special Arrangement if they:

  1.            are an ‘eligible person’ within the meaning of the Health Insurance Act 1973, that is, eligible to receive Medicare benefits; and
  2.            have paraplegia or quadriplegia; and
  3.            are a member of an ‘authorised association’.

The amendments made by this Instrument reflect amendments to the National Health (Listing of Pharmaceutical Benefits) Instrument 2024 (PB 26 of 2024), which commence on the same day. The National Health (Listing of Pharmaceutical Benefits) Instrument 2024 (PB 26 of 2024), and amendments to that instrument, are made under sections 84AF, 84AK, 85, 85A, 88 and 101 of the Act.

The amendments made by this Instrument involve the addition of a brand of the listed drug macrogol 3350 to Schedule 1, and the addition of a responsible person to Schedule 2 of the Special Arrangement. These changes are summarised below.

Authority

Subsection 100(1) of the National Health Act 1953 (the Act) enables the Minister, by legislative instrument, to make special arrangements for the supply of pharmaceutical benefits.

Subsection 100(2) of the Act provides that the Minister may, by legislative instrument, 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).

Consultation

The amendments made by this Instrument accord with recommendations made by the Pharmaceutical Benefits Advisory Committee (PBAC).

An ongoing and formal process of consultation in relation to matters relevant to the Special Arrangement includes the involvement of interested parties through the membership of the 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 to Australians as pharmaceutical benefits. The PBAC members are appointed following nomination by prescribed organisations and associations from consumers, health economists, practising community pharmacists, general practitioners, clinical pharmacologists and specialists, with at least one member 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 the PBAC, and that would enable them to contribute meaningfully to the deliberations of the PBAC. In addition, an industry nominee has been appointed to the PBAC membership under the Pharmaceutical Benefits Scheme (PBS) Access and Sustainability Package of reforms announced in May 2015. When recommending the listing of a medicine on the 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 of the listing of their medicines on the PBS and in relation to changes to those listings. This includes the company submission to the PBAC and involvement throughout the PBAC process.

It was considered that further consultation for this Instrument was unnecessary due to the nature of the consultation that had already taken place.

General

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

This Instrument commences on 1 June 2025.

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


ATTACHMENT

 

PROVISION-BY-PROVISION DESCRIPTION OF NATIONAL HEALTH (PARAPLEGIC AND QUADRIPLEGIC PROGRAM) SPECIAL ARRANGEMENT AMENDMENT INSTRUMENT 2025
(No. 1)

Section 1 Name of Instrument

This section provides that the name of the Instrument is the National Health (Paraplegic and Quadriplegic Program) Special Arrangement Amendment Instrument 2025 (No. 1) and may also be cited as PB 60 of 2025.

Section 2 Commencement

Subsection 2(1) provides for commencement dates of each of the provisions specified in Column 1 of the table, in accordance with Column 2 of the table. In accordance with Column 2 of the table, Schedule 1 to the Instrument commences on 1 June 2025.

Section 3 Authority

This section specifies that subsection 100(2) of the National Health Act 1953 provides the authority for the making of this Instrument.

Section 4  Schedules

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

Schedule 1 Amendments

The amendments made by this Instrument involve the addition of a brand of a listed drug to Schedule 1, and the addition of a responsible person to Schedule 2 of the Special Arrangement. These changes are summarised below.

SUMMARY OF CHANGES TO THE NATIONAL HEALTH (PARAPLEGIC AND QUADRIPLEGIC PROGRAM) SPECIAL ARRANGEMENT 2021 MADE BY THIS INSTRUMENT

Brand Addition

Listed Drug

Form and Brand

Macrogol 3350

Sachets containing powder for oral solution 13.125g with electrolytes, 30
(Chemists’ Own Constipation Relief with electrolytes)

Responsible Person Addition

Responsible Person

Arrow Pharma Pty Ltd (OW)


Statement of Compatibility with Human Rights

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

National Health (Paraplegic and Quadriplegic Program) Special Arrangement
Amendment Instrument 2025 (No. 1)

(PB 60 of 2025)

This 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 Instrument

The purpose of this Instrument, made under subsection 100(2) of the National Health Act 1953 (the Act), is to amend the National Health (Paraplegic and Quadriplegic Program) Special Arrangement 2021 (PB 31 of 2021) (the Special Arrangement), to make changes to the Special Arrangement relating to the Paraplegic and Quadriplegic Program.

The Paraplegic and Quadriplegic Program Special Arrangement provides for ‘authorised associations’ to supply pharmaceutical benefits available under the Special Arrangement to ‘eligible persons’ requiring treatment with bowel management medicines. A person is an ‘eligible person’ for the purposes of the Special Arrangement if they:

  1.            are an ‘eligible person’ within the meaning of the Health Insurance Act 1973; and
  2.            have paraplegia or quadriplegia; and
  3.            are a member of an ‘authorised association’.

Restrictions on the provision of this treatment mean that these pharmaceutical benefits can more conveniently or efficiently be supplied under a special arrangement.

This Instrument provides for amendments to the Special Arrangement to ensure that the Special Arrangement accurately reflects changes to the National Health (Listing of Pharmaceutical Benefits) Instrument 2024 (the Listing Instrument), made under sections 84AF, 84AK, 85, 85A, 88 and 101 of the Act, which commences on the same day.

Human rights implications

This Instrument engages Articles 9 and 12 of the International Covenant on Economic Social and Cultural Rights (ICESCR), specifically the rights to social security and health.

The Right to Social Security

The right to social security is contained in Article 9 of the ICESCR. It requires that a country must, within its maximum available resources, ensure access to a social security scheme that provides a minimum essential level of benefits to all individuals and families that will enable them to acquire at least essential health care. Countries are obliged to demonstrate that every effort has been made to use all resources that are at their disposal in an effort to satisfy, as a matter of priority, this minimum obligation.

The UN Committee on Economic Social and Cultural Rights reports that there is a strong presumption that retrogressive measures taken in relation to the right to social security are prohibited under ICESCR. In this context, a retrogressive measure would be one taken without adequate justification that had the effect of reducing existing levels of social security benefits, or of denying benefits to persons or groups previously entitled to them. However, it is legitimate for a government to re-direct its limited resources in ways that it considers to be more effective at meeting the general health needs of all society, particularly the needs of the more disadvantaged members of society.

The Right to Health

The right to the enjoyment of the highest attainable standard of physical and mental health is contained in Article 12(1) of the ICESCR. The UN Committee on Economic Social and Cultural Rights (the Committee) has stated that the right to health is not a right for each individual to be healthy, but is a right to a system of health protection which provides equality of opportunity for people to enjoy the highest attainable level of health.

The Committee reports that the ‘highest attainable standard of health’ takes into account the country’s available resources. This right may be understood as a right of access to a variety of public health and health care facilities, goods, services, programs, and conditions necessary for the realisation of the highest attainable standard of health.

Analysis

This Instrument advances the right to health and the right to social security by ensuring that the amendments to the National Health (Listing of Pharmaceutical Benefits) Instrument 2024 (the Listing Instrument), that affect the pharmaceutical benefits that may be supplied under the Special Arrangement, are made concurrently. This Instrument provides for the addition of a brand of the listed drug macrogol 3350 to Schedule 1 of the Special Arrangement.

The Listing Instrument determines the pharmaceutical benefits that are on the Pharmaceutical Benefits Scheme (PBS) through declarations of drugs and medicinal preparations, and determinations of forms, manners of administration and brands. The PBS is a benefit scheme which assists with advancement of these human rights by providing for subsidised access by patients to medicines. The recommendatory role of the Pharmaceutical Benefits Advisory Committee (PBAC) ensures that decisions about subsidised access to medicines on the PBS are evidence-based.

Conclusion

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

Rebecca Richardson

Assistant Secretary

Pricing and PBS Policy Branch

Technology Assessment and Access Division

Department of Health, Disability and Ageing

Overview

The National Health (Paraplegic and Quadriplegic Program) Special Arrangement Amendment Instrument 2025 (No. 1) (PB 60 of 2025) was enacted to amend the National Health (Paraplegic and Quadriplegic Program) Special Arrangement 2021 (PB 31 of 2021), addressing changes to the Paraplegic and Quadriplegic Program in line with the National Health (Listing of Pharmaceutical Benefits) Instrument 2024. This legislative instrument was created under the authority of subsection 100(2) of the National Health Act 1953, enabling the Minister to make special arrangements for the supply of pharmaceutical benefits. The purpose of these amendments is to ensure that the Special Arrangement accurately reflects recent updates to the Pharmaceutical Benefits Scheme, which also commence on the same day. The Special Arrangement allows authorised associations to supply pharmaceutical benefits to eligible persons, who must be Medicare beneficiaries with paraplegia or quadriplegia and members of an authorised association. The amendments involve adding a brand of the drug macrogol 3350 and a responsible person to the schedules of the Special Arrangement. This Instrument was developed following recommendations from the Pharmaceutical Benefits Advisory Committee, an independent body that advises the Minister on which drugs should be available under the Pharmaceutical Benefits Scheme. The amendments are considered to be in line with the human rights and freedoms recognised in the International Covenant on Economic, Social and Cultural Rights, particularly the rights to social security and health, by ensuring that the amendments to the Pharmaceutical Benefits Scheme are reflected in the Special Arrangement. The changes are designed to provide better access to necessary pharmaceutical benefits for eligible persons, thereby supporting the broader goals of social security and health.

Scope and Application

The National Health (Paraplegic and Quadriplegic Program) Special Arrangement Amendment Instrument 2025 (No. 1) is designed to modify the National Health (Paraplegic and Quadriplegic Program) Special Arrangement 2021, enhancing the framework for the provision of pharmaceutical benefits under the Paraplegic and Quadriplegic Program. This Instrument, made under subsection 100(2) of the National Health Act 1953, ensures that the Special Arrangement accurately reflects recent amendments to the National Health (Listing of Pharmaceutical Benefits) Instrument 2024. The Special Arrangement permits 'authorised associations' to supply pharmaceutical benefits to 'eligible persons', who are individuals eligible to receive Medicare benefits, have paraplegia or quadriplegia, and are members of an authorised association. These amendments, which include the addition of a brand of macrogol 3350 and a responsible person to the respective schedules, aim to facilitate the efficient and convenient supply of necessary bowel management medicines to eligible persons, thereby advancing their right to health and social security as outlined in the International Covenant on Economic, Social and Cultural Rights. This legislative instrument applies to authorised associations and eligible persons involved in the Paraplegic and Quadriplegic Program, and it operates within the Commonwealth jurisdiction. The amendments it introduces are effective from 1 June 2025, aligning with the commencement date of the changes to the National Health (Listing of Pharmaceutical Benefits) Instrument 2024. The Instrument does not explicitly state any exclusions, exemptions, or thresholds, but the scope of its application is inherently limited to the modifications outlined in the Instrument itself. The amendments are made in accordance with recommendations from the Pharmaceutical Benefits Advisory Committee, ensuring that decisions about the pharmaceutical benefits supplied are evidence-based and aligned with the needs of eligible persons.

Key Provisions

The National Health (Paraplegic and Quadriplegic Program) Special Arrangement Amendment Instrument 2025 (No. 1) (sections 1 to 4) amends the National Health (Paraplegic and Quadriplegic Program) Special Arrangement 2021 (PB 31 of 2021) to update the pharmaceutical benefits available under the Special Arrangement. These amendments reflect changes to the National Health (Listing of Pharmaceutical Benefits) Instrument 2024 (PB 26 of 2024). Specifically, the amendments involve the addition of a brand of macrogol 3350 to Schedule 1 and the addition of Arrow Pharma Pty Ltd (OW) as a responsible person in Schedule 2 of the Special Arrangement. The Special Arrangement allows 'authorised associations' to supply pharmaceutical benefits to 'eligible persons' who are members of these associations and have paraplegia or quadriplegia. These associations must comply with the terms of the Special Arrangement, including supplying the specified pharmaceutical benefits to eligible persons. The responsible person, Arrow Pharma Pty Ltd (OW), must ensure that the added brand of macrogol 3350 is supplied in accordance with the requirements of the Special Arrangement. There are no explicit offences, penalties, or civil/criminal consequences for breaches of the Special Arrangement itself. However, non-compliance with the terms of the Special Arrangement could potentially lead to administrative actions, such as the revocation of the authorisation to supply pharmaceutical benefits. The Pharmaceutical Benefits Advisory Committee (PBAC) plays a key role in recommending changes to the Pharmaceutical Benefits Scheme (PBS), ensuring that decisions about which medicines are subsidised are evidence-based and take into account factors such as clinical effectiveness, safety, and cost-effectiveness. The amendments made by this Instrument reflect recommendations made by the PBAC and align with the overarching purpose of providing equitable access to essential pharmaceutical benefits for persons with paraplegia or quadriplegia. The National Health Act 1953 provides the authority for the making of this Instrument under subsection 100(2). The amendments to the Special Arrangement are designed to ensure that the pharmaceutical benefits available under the Special Arrangement are consistent with the most recent determinations under the Act. The amendments are made to reflect changes to the National Health (Listing of Pharmaceutical Benefits) Instrument 2024, which are implemented concurrently. The human rights implications of this Instrument are considered in line with the International Covenant on Economic, Social and Cultural Rights (ICESCR), particularly the rights to social security and health. By ensuring that the Special Arrangement accurately reflects the latest pharmaceutical benefits available, the Instrument advances these human rights by providing access to necessary medications for individuals with paraplegia or quadriplegia.

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