EXPLANATORY STATEMENT
National Health Act 1953
National Health (Residential Medication Chart) Amendment Determination 2012 (No.2)
PB 101 of 2012
Authority
Subsection 93A (2) of the National Health Act 1953 (the Act) provides that the Minister may determine the pharmaceutical benefits or classes of pharmaceutical benefits that may be supplied to a prescribed institution under section 93A of the Act, and the conditions under which those benefits may be supplied under that section of the Act.
Purpose
The purpose of this Instrument, made under section 93A (2) of the Act, is to amend the National Health (Residential Medication Chart) Determination 2012 (the Determination), which determines the pharmaceutical benefits that may be supplied under section 93A of the Act to a prescribed institution which is a residential care service within the meaning of the Aged Care Act 1997 and the conditions which must be met in order for that supply to occur.
This Instrument:
- inserts the title “2.11 Standard fields information – pharmaceutical benefits: short-term medicines” at Section 2.11;
- inserts the number “(4)” at Subsection 2.13(4); and
- inserts a closing quotation mark to the word ‘Ongoing’ at Subparagraph 2.14 (b) (viii).
These changes are being made to correct drafting errors made in the Determination and amendment instrument No. 1 (PB 59 of 2012) which commenced 21 August 2012.
Consultation
The amendments made by this Instrument are minor and mechanical in nature. As such, no formal consultation process has been undertaken.
This Instrument commences on the day after it is registered.
This Instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
National Health (Residential Medication Chart) Amendment Determination 2012 (No.2)
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the regulation
The purpose of this Instrument, made under section 93A (2) of the Act, is to amend the National Health (Residential Medication Chart) Determination 2012 (the Determination), which determines the pharmaceutical benefits that may be supplied under section 93A of the Act to a prescribed institution which is a residential care service within the meaning of the Aged Care Act 1997 and the conditions which must be met in order for that supply to occur.
This instrument re-inserts the title at Section 2.11, re-inserts the number ‘(4)’ at subsection 2.13(4) and inserts a closing quotation mark to the word ‘Ongoing’ at subparagraph 2.14 (b) (viii) to correct drafting errors made in the Determination and amendment instrument No. 1 (PB 59 of 2012), which commenced 21 August 2012.
Human rights implications
This legislative instrument engages Articles 2 and 12 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) by assisting with the progressive realisation by all appropriate means of the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.
The PBS is a benefit scheme which assists with advancement of this human right by providing for subsidised access for people to medicines. This is a positive step towards attaining the highest standard of health for all Australians. Efficient operational arrangements for the PBS support effective administration of the Scheme.
Conclusion
This regulation is compatible with human rights because it advances the protection of human rights.
Kim Bessell
Assistant Secretary, Pharmaceutical Access Branch
Principal Pharmacy Advisor, Pharmaceutical Benefits Division
Department of Health and Ageing