National Health (Remote Aboriginal Health Services Program) Special Arrangements Amendment Instrument 2016 (No. 1) (PB 17 of 2016)

Overview

The National Health (Remote Aboriginal Health Services Program) Special Arrangements Amendment Instrument 2016 (No. 1) was enacted to amend the existing National Health (Remote Aboriginal Health Services Program) Special Arrangements Instrument 2010. This amendment was made under the authority provided by the National Health Act 1953, specifically subsections 100(1) and 100(2), which empower the Minister to establish and adjust special arrangements for the supply of pharmaceutical benefits. The policy objective of the amendment is to ensure that the 'pharmacy mark-up' is clearly defined within the special arrangement, now referred to as the administration, handling and infrastructure fee. This change was necessitated by the reclassification of the fee on 1 July 2015, which aimed to improve clarity and simplify the terms of the special arrangement. The amendment instrument was introduced to ensure that the administrative, handling and infrastructure fee is transparently acknowledged in the special arrangement, thus improving the program's functionality and compliance.

Scope and Application

The National Health (Remote Aboriginal Health Services Program) Special Arrangements Amendment Instrument 2016 (No. 1) amends the National Health (Remote Aboriginal Health Services Program) Special Arrangements Instrument 2010, applying specifically to the supply of pharmaceutical benefits to remote Aboriginal Health Services. This instrument is made under subsections 100(1) and 100(2) of the National Health Act 1953, empowering the Minister to create and modify special arrangements for the supply of such benefits. The amendment modifies the fee structure previously known as the 'pharmacy mark-up' to the administration, handling and infrastructure fee, effective from 1 July 2015, thus ensuring consistency and clarity in the special arrangement. The Amendment Instrument applies to approved pharmacists and approved hospital authorities supplying pharmaceutical benefits to approved Aboriginal Health Services within the scope of the special arrangement. It does not extend beyond the parameters set by the National Health Act 1953, which governs the national jurisdiction of these special arrangements. The Amendment Instrument, a legislative instrument under the Legislative Instruments Act 2003, commenced on 1 March 2016.

Key Provisions

The main operative sections of the National Health (Remote Aboriginal Health Services Program) Special Arrangements Amendment Instrument 2016 (No. 1) are concerned with the administration and supply of pharmaceutical benefits to remote Aboriginal Health Services. Specifically, the amendment modifies paragraph 9(b) of the National Health (Remote Aboriginal Health Services Program) Special Arrangements Instrument 2010 to ensure clarity and technical accuracy in the terminology used (subsection 100(1) and (2) of the National Health Act 1953). The change replaces the term 'pharmacy mark-up' with 'administration, handling and infrastructure fee', aligning with the updated terminology introduced on 1 July 2015, as detailed in paragraph 98B(1)(a) of the Act. This amendment is designed to improve the clarity and accuracy of the special arrangement, ensuring that it accurately reflects the current fee structure applicable to the supply of pharmaceutical benefits under the program. The obligations imposed by this Amendment Instrument are primarily concerned with the correct application and payment of fees related to the supply of pharmaceutical benefits to approved Aboriginal Health Services. The Act requires that these services be supplied in accordance with the special arrangement, which now explicitly references the administration, handling and infrastructure fee rather than the previous 'pharmacy mark-up'. This change necessitates that all parties involved in the supply chain, including approved pharmacists and hospital authorities, ensure that they are charging and recording the correct fee as stipulated by the updated arrangement. The requirement is to maintain accurate records and compliance with the terms of the special arrangement, which is now clearly defined in the amended paragraph 9(b). In terms of the consequences for non-compliance, the Amendment Instrument does not explicitly detail specific offences or penalties within the explanatory statement. However, breaches of the terms of the special arrangement under the National Health Act 1953 could lead to civil or administrative penalties. The Act generally provides for enforcement mechanisms, and failure to adhere to the specified terms could result in actions such as fines or other corrective measures. The precise penalties would depend on the nature and severity of the breach, and could be subject to the broader provisions of the Act or related legislation. It is important for all involved parties to ensure strict compliance with the updated fee structure to avoid any potential repercussions.