EXPLANATORY STATEMENT
NATIONAL HEALTH ACT 1953
NATIONAL HEALTH (REMOTE ABORIGINAL HEALTH SERVICES PROGRAM) SPECIAL ARRANGEMENTS AMENDMENT INSTRUMENT 2013 (NO. 1)
PB 34 of 2013
Authority
Subsection 100(1) of the National Health Act 1953 (the Act) enables the Minister to make special arrangements for the supply of pharmaceutical benefits. Subsection 100(2) of the Act provides that the Minister may 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 of the Act, have effect subject to a special arrangement made under subsection 100(1).
Purpose
The purpose of this legislative instrument, made under subsections 100(1) and 100(2) of the Act, is to amend the National Health (Remote Aboriginal Health Services Program) Special Arrangements Instrument 2010 (PB 65 of 2010) (the Special Arrangement). This Special Arrangement provides for the supply to remote Aboriginal Health Services of pharmaceutical benefits.
This instrument increases the handling fee that is payable to an approved pharmacist or an approved hospital authority in respect of the supply of a pharmaceutical benefit to an approved Aboriginal Health Service in accordance with the Special Arrangement.
On and from 1 July 2013, the handling fee is increasing from $2.82 to $2.83. The handling fee is indexed annually (WCI9) in conformity with the increase in other fees provided for in the Fifth Community Pharmacy Agreement.
Consultations
As the amendment is minor and machinery in nature and does not make any substantial alterations to existing arrangements, no consultation was undertaken.
The legislative instrument commences on 1 July 2013.
This Instrument is a legislative instrument for the purpose of the Legislative Instruments Act 2003.
Overview
The National Health (Remote Aboriginal Health Services Program) Special Arrangements Amendment Instrument 2013 (No. 1) was enacted to amend the National Health (Remote Aboriginal Health Services Program) Special Arrangements Instrument 2010. This amendment was introduced to adjust the handling fee payable to approved pharmacists or hospital authorities for the supply of pharmaceutical benefits to approved Aboriginal Health Services under the Remote Aboriginal Health Services Program. This adjustment was made to ensure that the handling fee remains aligned with other indexed fees as per the Fifth Community Pharmacy Agreement. The instrument was passed by the Minister under the authority provided by subsection 100(1) and (2) of the National Health Act 1953 and aims to maintain the financial viability and operational efficiency of the Program by reflecting the increase in costs associated with the supply of pharmaceutical benefits. Given the minor nature of the amendment, no consultations were deemed necessary before the enactment of this instrument, which commenced on 1 July 2013.
Scope and Application
The National Health (Remote Aboriginal Health Services Program) Special Arrangements Amendment Instrument 2013 (No. 1) amends the existing National Health (Remote Aboriginal Health Services Program) Special Arrangements Instrument 2010 under the authority granted by the National Health Act 1953. This legislation applies specifically to the supply of pharmaceutical benefits to remote Aboriginal Health Services, a program designed to ensure that these services can access necessary medications. The amendment pertains to the handling fees payable to approved pharmacists or hospital authorities for supplying these benefits, increasing the fee from $2.82 to $2.83, effective from 1 July 2013. The handling fee is also subject to annual indexation in line with the increases in other fees stipulated in the Fifth Community Pharmacy Agreement. Given the minor nature of this adjustment and its technical focus on fees, no consultations were deemed necessary. The legislative instrument, being a minor amendment, adheres to the requirements of the Legislative Instruments Act 2003.
Key Provisions
The main provisions of this amendment instrument are found in sections that amend the National Health (Remote Aboriginal Health Services Program) Special Arrangements Instrument 2010. Specifically, the amendment affects the handling fee that is payable to an approved pharmacist or an approved hospital authority for supplying pharmaceutical benefits to approved Aboriginal Health Services under the Special Arrangement (Section 1(1)). The handling fee will increase from $2.82 to $2.83 effective from 1 July 2013. Additionally, this fee is subject to annual indexing in line with the increases in other fees stipulated in the Fifth Community Pharmacy Agreement (Section 1(2)). These changes are aimed at ensuring that the handling fees remain consistent with broader fee adjustments in the health sector.
The obligations imposed by this instrument on parties governed by it include adherence to the new handling fee rates and the process of annual indexing as per the Fifth Community Pharmacy Agreement. Approved pharmacists and approved hospital authorities must ensure they charge the updated fee for pharmaceutical benefits supplied to approved Aboriginal Health Services under the Special Arrangement. The instrument also requires these parties to stay informed about any changes to the Fifth Community Pharmacy Agreement that might affect the indexing of the handling fee (Section 1(2)).
Failure to comply with the provisions of this amendment instrument may result in administrative consequences, although no specific offences, penalties, or civil/criminal consequences are outlined in the text. The instrument itself, however, is legally binding and non-compliance could lead to disputes or legal challenges regarding the handling fees charged. Given the nature of the changes, it is likely that any disputes would be resolved through administrative or contractual processes rather than through formal legal penalties.