EXPLANATORY STATEMENT
National Health Reform Amendment (National Health Performance Authority) Act 2011
Proclamation
Subsection 2(1) of the National Health Reform Amendment (National Health Performance Authority) Act 2011 (the NHPA Act) provides that Schedule 1 to that Act commence on a single day to be fixed by Proclamation. The Proclamation must not specify a day that occurs before the commencement of section 3 (the first substantive section) of the National Health and Hospitals Network Act 2011 (the NHHN Act). Section 3 of NHHN Act commenced operation on 1 July 2011. Subsection 2(1) of the NHPA Act also provides that if Schedule 1 to that Act does not commence within the period of 6 months beginning on the later of:
(a) the start of the day that Act receives Royal Assent; and
(b) the commencement of section 3 of the NHHN Act.
Schedule 1 commences on the day after the end of that six months period. The NHPA Act received Royal Assent on 14 October 2011.
The purpose of the Proclamation is to fix the commencement date for the substantive provisions of the NHPA Act which are set out in Schedule 1 to that Act. The Proclamation fixes 21 October 2011 as the day on which Schedule 1 to that Act commences.
Schedule 1 amends the name of the NHHN Act to the National Health Reform Network Act 2011. Schedule 1 also provides amendments in relation to the Australian Commission on Safety and Quality of Health (the Commission), introduces provisions relating to secrecy and disclosure of information by the Commission, establishes the National Health Performance Authority and adds miscellaneous provisions.
The Commission was established in July 2011. Its role is to lead and coordinate improvements in safety and quality in health care in Australia and to take a lead role in ensuring that all Australians have access to a health care system that provides safe, high quality health care services in a timely manner. It will work with clinicians and health professionals to identify best practice clinical care to support the appropriateness of services delivered in a particular setting. Schedule 1 to the NHPA Act makes technical amendments in relation to the Commission to distinguish the Commission Chair, Commission Board and the Commission Chief Executive Officer (CEO) from the Chair, members and CEO of the National Health Performance Authority.
The National Health Performance Authority is to be established as a statutory authority under the Act. It is an important part of the national health reform agenda and will provide independent monitoring and reporting of performance of important elements of the health system. Its functions include monitoring and reporting on the performance of local hospital networks, public and private hospitals, primary healthcare organisations and other bodies that provide health care services and publishing such reports. Its other functions include formulating performance indicators, collecting, analysing and interpreting performance information and promoting, supporting, encouraging, conducting and evaluating research.
Schedule 1 to the Act, which is covered by this Proclamation, requires the appointment of the Chair, the Deputy Chair, other members of the National Health Performance Authority and the Chief Executive Officer of that Authority. Other committees assisting the Authority are also required to be established. It is also noted that necessary administrative arrangements are required to be set up under the NHPA Act. The commencement date takes into consideration the earliest possible dates that these appointments and administrative requirements can be put in place.
The NHPA is an important element of the National Health Reform Agreement signed by the Commonwealth and all States and Territories on 2 August 2011. As part of that agreement, the Commonwealth Government committed to establishing the NHPA as soon as possible.
The Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Authority: Subsection 2(1) of the National
Health Reform Amendment (National
Health Performance Authority) Act 2011