EXPLANATORY STATEMENT
STATUTORY RULES 1985 NO. 187
ISSUED BY AUTHORITY OF THE MINISTER FOR HEALTH NATIONAL HEALTH ACT 1953
NATIONAL HEALTH REGULATIONS (AMENDMENT)
Section 140 of the National Health Act 1953 (‘the Act’) provides in part that the Governor-General may make regulations prescribing all matters which are required or permitted by the Act to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Sub-section 69(1) of the Act provides that the regulations shall make provision for, and in relation to, the manner and form in which applications to the Secretary for registration as a health benefits organization under Part VI of the Act are to be lodged, and the documents and information which are to be furnished in support of, or in connection with, such applications.
Sub-regulation 19(1) of the National Health Regulations (‘the Regulations’) prescribes the manner and form in which an application for registration as a health benefits organization is to be lodged. Sub-regulation 19(2) of the Regulations prescribes the documents and information which are to be furnished with such an application for registration.
Paragraphs (a) and (b) of sub-regulation 19(2) required an organization, making application to become a registered health benefits organization, to furnish to the Secretary a copy of the instrument constituting the organisation and a copy of either the articles of association of the organization or a copy of its rules.
It was considered preferable for administrative purposes for a prospective health benefits organization which is an incorporated company to be required to furnish with its application for registration copies of both its articles of association’ and its rules rather than a copy of one or the other as previously required. The regulation accomplishes this by substituting new paragraphs (a) and (b) in sub regulation 19(2). The new paragraphs require an organization to include with the documents and information furnished to the Secretary with its application for registration the following:-
• a copy of the instrument constituting the organization and the articles of association, if any, of the organization; and
• a copy of the rules of the organization.
The regulation came into operation on the date of its notification in the Commonwealth of Australia Gazette.
Overview
The National Health Regulations (Amendment) Statutory Rules 1996, issued under the authority of the Minister for Health, was enacted to amend the National Health Act 1953, specifically addressing administrative requirements for health benefits organizations seeking registration. The primary issue that these regulations sought to resolve was the need for clarity and consistency in the documentation required from organizations applying for registration as health benefits organizations. The previous regulations required organizations to submit either their articles of association or their rules, which created ambiguity and potential administrative difficulties.
These amendments were introduced to ensure that incorporated companies, in particular, provide both their articles of association and their rules when applying for registration. By mandating the submission of both documents, the regulation aimed to enhance transparency and administrative efficiency in processing these applications. The changes came into effect on the date of their notification in the Commonwealth of Australia Gazette, reflecting a legislative intent to streamline and clarify the registration process for health benefits organizations.
Scope and Application
The National Health Regulations (Amendment) Statutory Rules 1985 No. 187, issued under the authority of the Minister for Health, amends the National Health Regulations to revise the documentation requirements for entities seeking registration as health benefits organizations under the National Health Act 1953. These regulations apply to any entity or organisation within the Commonwealth of Australia that intends to register as a health benefits organisation. The amendment extends the documentation requirements to ensure that prospective registrants, specifically incorporated companies, must furnish both their articles of association and organisational rules when submitting an application to the Secretary for registration. This change was made to streamline administrative processes and ensure comprehensive documentation for registration purposes. The regulation took effect on the date of its notification in the Commonwealth of Australia Gazette, and no specific exclusions or thresholds are mentioned in the text.
Key Provisions
The primary operative sections of this Statutory Rule are found within the National Health Regulations, specifically sub-regulation 19(2). According to these sections, an organisation seeking registration as a health benefits organisation under Part VI of the National Health Act 1953 must submit a copy of the instrument that constitutes the organisation and a copy of its articles of association and rules (sub-regulation 19(2)(a) and (b)). These regulations amend the previous requirement that only required a copy of either the articles of association or the rules to be submitted with the application.
The obligations imposed on the parties by these regulations are clear and straightforward. Any organisation applying for registration as a health benefits organisation must ensure that they provide the Secretary with a copy of the instrument that constitutes the organisation, a copy of its articles of association (if any), and a copy of its rules. This ensures that all relevant documentation is available to the Secretary to facilitate a thorough review of the application.
The Statutory Rule does not explicitly state any offences, penalties, or civil/criminal consequences for breaches of these regulations. However, it is reasonable to infer that failure to comply with the requirements for documentation submission could lead to delays in the registration process or, in more severe cases, denial of the application. Although the Statutory Rule does not specify a maximum penalty, it is likely that non-compliance could be subject to penalties as outlined in other sections of the National Health Act 1953 or related legislation. These penalties could include fines or other administrative actions as deemed appropriate by the relevant authorities.