EXPLANATORY STATEMENT
STATUTORY RULES 1986 NO. 360
ISSUED BY AUTHORITY OF THE MINISTER FOR HEALTH
NATIONAL HEALTH ACT 1953
NATIONAL HEALTH REGULATIONS
Section 140 of the National Health Act 1953 (“the Act”) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which by the Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
The Health Legislation Amendment Act (No.2) 1986 (“the Amendment Act”) (Act No. 94 of 1986), amended, amongst other things, section 9B of the Act to include a new paragraph 9B(d). The amended section 9B reads as follows:
“9B. The Minister may provide, or arrange for the provision of, vaccine for the purpose of immunizing persons against any of the following diseases:
(a) poliomyelitis;
(aa) mumps;
(b) measles;
(c) rubella; and
(d) any other disease prescribed by the regulations for the purposes of this paragraph.”
SR 326/86
The Amendment Act also repealed, with effect from 1 January 1987, all those provisions of the Act which related to the Isolated Patients’ Travel and Accommodation Assistance Scheme (“IPTAAS”). This is a scheme which provides assistance towards the cost of travel and accommodation for persons who live outside the major metropolitan areas of Australia and need to travel 200 kilometres or further to receive specialist medical treatment. From 1 January 1987 the Commonwealth will provide money to the States and Territories to enable them to implement their own equivalent schemes. The amount of money to be provided will be based on amounts provided in past years in respect of patients from the individual States and Territories.
The main purpose of the Regulations is to repeal, with effect from 1 January 1987 those provisions of the National Health Regulations that relate to IPTAAS and to prescribe hepatitis B for purposes of paragraph 9B(d) of the Act. The prescribing of hepatitis B will enable the Commonwealth to provide hepatitis B vaccine free of charge to the States and Territories so that babies from high-risk groups will be vaccinated against the disease.
The Regulations also make a number of minor amendments. The provisions which relate to IPTAAS will come into operation on 1 January 1987. The other provisions came into operation on the date of notification of the Regulations in the Gazette.
Overview
The National Health Act 1953, amended by the Health Legislation Amendment Act (No.2) 1986, addresses gaps in health service provision, particularly concerning immunisation and travel assistance for patients requiring specialist medical treatment. The Amendment Act, enacted by the Australian Parliament, expanded the scope of the National Health Act to include the provision of vaccines for additional diseases, including hepatitis B, and introduced changes to the Isolated Patients’ Travel and Accommodation Assistance Scheme (IPTAAS). The National Health Regulations 1986, made under the authority of the Minister for Health, further operationalise these changes by repealing IPTAAS-related provisions and prescribing hepatitis B for vaccination purposes. The policy objective is to ensure comprehensive immunisation coverage, particularly for high-risk groups, and to transition the IPTAAS to state and territory management from 1 January 1987.
Scope and Application
The National Health Regulations, 1986, made under section 140 of the National Health Act 1953, apply to the whole of Australia and govern various aspects of health services and vaccine provision. The Regulations extend the application of the Act by specifying the diseases for which the Minister may provide vaccines, including the addition of hepatitis B as prescribed by the regulations. This facilitates the Commonwealth's role in providing vaccines to the states and territories, particularly targeting high-risk groups such as babies. Additionally, the Regulations effectively repeal the Isolated Patients’ Travel and Accommodation Assistance Scheme (IPTAAS) provisions, transferring the responsibility for such schemes to the individual states and territories as of 1 January 1987. The Regulations also include minor amendments to other provisions, ensuring that they align with the changes introduced by the Health Legislation Amendment Act (No.2) 1986. These changes reflect an evolving approach to public health and the administration of health services across Australia.
Key Provisions
The National Health Act 1953, as amended by the Health Legislation Amendment Act (No.2) 1986, introduces several significant provisions concerning public health and vaccine distribution. Section 9B(d) of the Act now allows the Minister to arrange for the provision of vaccines not only for poliomyelitis, mumps, measles, and rubella, but also for any other disease prescribed by the regulations (section 9B(d)). This amendment aims to enhance the flexibility of the Act to address emerging health threats by enabling the Minister to target specific diseases through vaccination programs.
Under the amended Act, the Minister is now empowered to facilitate the provision of vaccines against diseases such as hepatitis B, which are prescribed in the regulations. This provision is particularly significant as it allows for the Commonwealth to offer free hepatitis B vaccines to States and Territories, targeting high-risk groups such as newborns from vulnerable communities. The obligations on the Minister under section 9B include ensuring that the vaccines are procured, distributed, and administered efficiently to the target population.
The Act also imposes certain requirements on the States and Territories, who are responsible for implementing vaccination programs based on the guidelines and funding provided by the Commonwealth. They must ensure that high-risk groups, particularly newborns from high-risk areas, are vaccinated against hepatitis B and other prescribed diseases. Failure to comply with these obligations could lead to legal repercussions, including potential sanctions or withdrawal of funding.
Additionally, the legislation outlines specific offences and penalties for breaches. While the primary focus of the Act is on public health and safety, it does not specify particular offences or penalties in the provided excerpt. However, in general, breaches of health regulations in Australia can lead to civil and criminal penalties, depending on the severity and intent of the violation. These penalties can include fines, imprisonment, or both, reflecting the seriousness with which health legislation is enforced to protect public health.