National Health Security (SSBA Standards) Amendment Determination 2009 (No. 1)

Overview

The National Health Security (SSBA Standards) Amendment Determination 2009 (No. 1) was introduced to amend the National Health Security (SSBA Standards) Determination 2008, which itself was made under the National Health Security Act 2007. This Act was enacted to address the need for stringent security measures surrounding security-sensitive biological agents (SSBAs), including their storage, the security status of individuals handling them, and their transport. The Amendment Determination was made by the Minister for Health and Ageing to temporarily modify the SSBA Standards due to delays in the enactment of supporting legislation for background checks. Consequently, the Amendment Determination removes the requirement for background checking for persons handling Tier 1 SSBAs or related sensitive information, effective from 1 July 2009. This temporary measure aims to ensure compliance with SSBA handling protocols without imposing unnecessary burdens on individuals until the necessary legislative framework is established.

Scope and Application

The National Health Security (SSBA Standards) Amendment Determination 2009 (No. 1) amends the existing National Health Security (SSBA Standards) Determination 2008, modifying the security-sensitive biological agent (SSBA) standards as prescribed under the National Health Security Act 2007. The amendment applies to all entities that handle SSBAs within the Commonwealth jurisdiction, ensuring they comply with the updated standards. The primary change introduced by this determination involves the removal of the requirement for persons handling Tier 1 SSBAs or related sensitive information to undergo background checking, including a National Criminal History Check and a Politically Motivated Violence Check. This amendment is a temporary measure due to delays in the enactment of supporting legislation for the background checking process. Once the necessary legislation is passed, new SSBA standards will be determined to reinstate the background checking requirement. The amendment aims to ensure that entities handling SSBAs can continue to operate without undue burden while the background checking framework is being established.

Key Provisions

The National Health Security (SSBA Standards) Amendment Determination 2009 (No. 1) amends the existing National Health Security (SSBA Standards) Determination 2008 by introducing a new Schedule 1, which modifies the Security-sensitive Biological Agent (SSBA) Standards. Specifically, the new Schedule 1 removes the requirement for authorised persons handling SSBAs or related sensitive information to undergo background checking. This change is detailed in the new clauses 3.3 and 3.4, which replace the existing clauses in the SSBA Standards. The objective behind these changes is to address the delay in implementing a background checking process consistent with national security measures, due to the absence of supporting legislation. The Act imposes specific obligations on entities handling SSBAs, as outlined in section 56 of the National Health Security Act 2007 (NHS Act). These obligations include compliance with the SSBA Standards, which detail requirements for the storage, security status of individuals handling SSBAs, and the transport of these agents. Under the Principal Determination, entities are required to implement personnel management systems to ensure biosecurity for SSBAs and related sensitive information. This involves ensuring that all authorised persons undergo necessary background checks, which typically include a National Criminal History Check and a Politically Motivated Violence Check. The new Schedule 1, however, modifies these requirements by omitting the necessity for background checking for certain categories of SSBAs and sensitive information. The National Health Security (SSBA Standards) Amendment Determination 2009 (No. 1) does not introduce new offences or penalties but modifies existing standards. Any entity that fails to comply with the amended SSBA Standards could face legal consequences under the NHS Act. Non-compliance with the SSBA Standards can lead to enforcement actions by the relevant authorities, which may include fines or other penalties as determined by the legislation. The maximum penalties for breaches of the NHS Act are not specified in the Determination but can be severe, depending on the nature and severity of the breach. Overall, the Determination is intended to ensure that entities handling SSBAs can continue to operate without the immediate requirement for background checks, while still maintaining a high level of biosecurity. The changes are temporary, pending the enactment of supporting legislation that will reinstate the background checking requirements. The Minister for Health and Ageing did not consider it necessary to consult with stakeholders as the Determination does not adversely impact anyone and provides relief to those who might otherwise be unable to comply with the previous standards.