EXPLANATORY STATEMENT
National Health Act 1953
National Health (Residential Medication Chart) Amendment Determination 2013 (No.1)
PB 52 of 2013
Authority
Paragraph 93A (2) (b) of the National Health Act 1953 (the Act) provides that the Minister may determine the conditions under which certain pharmaceutical benefits may be supplied to a prescribed institution, which is a residential care service within the meaning of the Aged Care Act 1997, under section 93A of the Act.
Purpose
The purpose of this Instrument is to amend the National Health (Residential Medication Chart) Determination 2012 (the Determination).
This Instrument amends the standard fields that are required for an applicable pharmaceutical benefit that is a short-term medicine. The standard fields for short-term medicines will no longer include numbered boxes for each day of each month. This information is no longer considered appropriate as having the days of each month pre-inserted into the chart does not allow the flexibility needed to give prescribers the four month period of validity for this section of the chart. This change will allow the prescriber to start numbering in this section of the chart from any day in a month.
Consultation
The amendment made by this Instrument is considered to be minor and mechanical in nature. As such, no formal consultation process has been undertaken.
This Instrument commences on 1 August 2013.
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 2013 (No.1)
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 paragraph 93A (2) (b) of the Act, is to amend the National Health (Residential Medication Chart) Determination 2012 (the Determination).
This instrument amends the standard fields that are required for an applicable pharmaceutical benefit that is a short-term medicine. The standard fields for short-term medicines no longer includes numbered boxes for each day of each month.
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.
Steve Dunlop
Acting Assistant Secretary
Pharmaceutical Access Branch
Pharmaceutical Benefits Division
Department of Health and Ageing