EXPLANATORY STATEMENT
NATIONAL HEALTH ACT 1953
National Health Special Arrangement Revocation Instrument 2012
PB 23 of 2012
Authority
This legislative instrument is made pursuant to subsection 100(2) of the National Health Act 1953 (the Act), which provides that the Minister may vary or revoke a special arrangement for the supply of pharmaceutical benefits made under subsection 100(1) of the Act.
Purpose
This legislative instrument revokes the National Health (Chemotherapy Pharmaceuticals Access Program) Special Arrangement 2011 (PB 87 of 2011) (CPAP) and the National Health (Trastuzumab) Special Arrangement 2011 (PB 94 of 2011) (Trastuzumab). CPAP and Trastuzumab are both special arrangements for the supply of pharmaceutical benefits that were made under subsection 100(1) of the Act.
The National Health (Efficient Funding of Chemotherapy) Special Arrangement 2011 (PB 79 of 2011) (EFC) is the new special arrangement, made under subsection 100(1) of the Act, that deals with the supply of chemotherapy medicines, including pharmaceutical benefits available under CPAP and Trastuzumab. EFC commenced on 1 December 2011. It was intended that all suppliers (including public hospital authorities) would commence supplying chemotherapy medicines under EFC from
1 December 2011 and that CPAP and Trastuzumab would be revoked on that day.
However, software delays meant that some public hospitals were unable to transition to EFC on 1 December 2011. Accordingly, CPAP and Trastuzumab remained in force for supplies of chemotherapy medicines by approved public hospital authorities as an interim measure to enable public hospitals further time to transition to the new chemotherapy arrangements.
This interim measure concludes on 31 March 2012. From 1 April 2012 chemotherapy medicines will no longer be able to be supplied by public hospitals under CPAP or Trastuzumab, as, on that date, both special arrangements will be revoked by this instrument.
Consultation
Key stakeholder groups representing oncologists and pharmacists, State and Territory health departments, the Department of Human Services and the Medical Software Industry Association were consulted throughout the process of developing all legislative instruments under the Act necessary to implement the section 100 special arrangement for the Efficient Funding of Chemotherapy. This included the revocation of the previous special arrangements for the supply of chemotherapy medicines.
This instrument commences on 1 April 2012.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.