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
Overview
The National Health Reform Amendment (National Health Performance Authority) Act 2011 was enacted to address the need for independent monitoring and reporting of performance within Australia's health system as part of a broader national health reform agenda. This Act received Royal Assent on 14 October 2011 and was passed by the Parliament of Australia. Its policy objective is to establish the National Health Performance Authority (NHPA) as a statutory authority responsible for overseeing and reporting on the performance of various health service providers. The Act also makes technical amendments to the Australian Commission on Safety and Quality of Health to differentiate its roles from those of the NHPA. The Proclamation issued under the Act fixes the commencement date for the substantive provisions of the Act, ensuring the NHPA is established within the framework of the National Health Reform Agreement.
The NHPA Act aims to enhance the quality and safety of health care services by providing independent assessments and performance reporting, which is crucial for improving health outcomes across Australia. The establishment of the NHPA is a significant commitment under the National Health Reform Agreement, which was signed by the Commonwealth and all States and Territories on 2 August 2011. This legislative instrument under the Legislative Instruments Act 2003 ensures that the NHPA is operationalised in a timely and efficient manner, facilitating the necessary appointments and administrative arrangements to support its functions.
Scope and Application
The National Health Reform Amendment (National Health Performance Authority) Act 2011 applies to the establishment of the National Health Performance Authority, a statutory authority that is tasked with providing independent monitoring and reporting of the performance of key elements of the health system. This Act amends the National Health and Hospitals Network Act 2011, renaming it to the National Health Reform Network Act 2011, and includes technical amendments to the Australian Commission on Safety and Quality of Health to distinguish its roles and responsibilities from those of the newly established Authority. The Act applies to the appointment of the Authority's Chair, Deputy Chair, other members, and the Chief Executive Officer, as well as the establishment of necessary committees and administrative arrangements. The geographic reach of this Act is national, impacting all states and territories in Australia as it is part of the National Health Reform Agreement. The Act does not specify exclusions or exemptions, and its provisions are directly implemented without the need for subordinate instruments to extend or restrict application. The commencement of the Act’s substantive provisions, detailed in Schedule 1, was set by Proclamation on 21 October 2011, ensuring alignment with the broader health reform agenda and the operational start of the Australian Commission on Safety and Quality of Health.
Key Provisions
The National Health Reform Amendment (National Health Performance Authority) Act 2011 (NHPA Act) includes significant provisions that amend and establish new roles and functions within Australia's health sector. Section 2(1) of the Act stipulates that Schedule 1, which outlines the substantive provisions, will commence on a date determined by proclamation, but no earlier than the commencement of section 3 of the National Health and Hospitals Network Act 2011 (NHHN Act). This ensures that the NHPA Act aligns with the broader reforms introduced by the NHHN Act. Specifically, Schedule 1 of the NHPA Act amends the name of the NHHN Act to the National Health Reform Network Act 2011, and introduces several new provisions, including changes to the Australian Commission on Safety and Quality of Health (the Commission), the establishment of the National Health Performance Authority, and miscellaneous amendments. The role of the Commission is to enhance the safety and quality of healthcare services across Australia, working collaboratively with clinicians and health professionals to identify best practices.
The NHPA Act imposes several obligations on the parties it governs, particularly in relation to the establishment and operation of the National Health Performance Authority. Section 3 of the Act mandates the appointment of the Chair, Deputy Chair, other members, and the Chief Executive Officer of the Authority. These appointments are critical to ensuring the Authority can effectively carry out its functions. Furthermore, the Act requires the setting up of necessary administrative arrangements to support the Authority's operations. These provisions are designed to ensure that the Authority can efficiently monitor, report on, and improve the performance of various health service providers, including local hospital networks, public and private hospitals, and primary healthcare organisations.
Breaching the obligations imposed by the NHPA Act can lead to various legal consequences. While the explanatory statement does not detail specific offences or penalties, it is reasonable to infer that non-compliance with the Act's requirements could result in legal action under the broader legislative framework governing administrative and public sector operations in Australia. For instance, failure to appoint the necessary personnel or establish required administrative arrangements could be subject to review or enforcement actions under other relevant legislation, potentially leading to fines or other administrative penalties. The precise consequences would depend on the specific breach and the applicable laws governing such actions.