National Health (Transitional Electronic National Residential Medication Chart) Amendment (Aged Care Legislation) Special Arrangement 2025

Administered by Department of Health, Disability and Ageing

Legislation au F2025L01375 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

National Health Act 1953

 

National Health (Transitional Electronic National Residential Medication Chart) Amendment (Aged Care Legislation) Special Arrangement 2025

 

Authority


This instrument is made under subsections 100(1) and 100(2) of the National Health Act 1953 (the Act).

 

Subsection 100(1) of the Act enables the Minister to make special arrangements for the supply of pharmaceutical benefits. Subsection 100(2) of the Act provides that the Minister may vary or revoke a special arrangement made under subsection 100(1).

 

Subsection 100(3) of the Act provides that Part VII of the Act, and instruments made for the purposes of Part VII of the Act, have effect subject to a special arrangement made under subsection 100(1).

 

Purpose


Supplementary to the Aged Care Act 2024, consequential amendments are required to a range of legislative instruments to amend references to the Aged Care Act 1997, the Aged Care Quality and Safety Commission Act 2018, and other legislation repealed by the Aged Care (Consequential Amendments and Transitional Provisions) Act 2024.

  

The purpose of the amendments to the National Health (Transitional Electronic National Residential Medication Chart) Special Arrangement 2025 is to update relevant definitions, to align with language and concepts used under the new aged care legislative framework. This will ensure that instruments which interact with the aged care framework, identified above, operate as intended. 

 

No material changes have been made to the instrument. It maintains the transitional framework to support continued use of Transitional electronic National Residential Medication Chart (eNRMC) systems (referred to throughout as transitional conformant electronic medication chart systems) in approved residential aged care homes (RACHs) for Pharmaceutical Benefit Scheme (PBS) prescribing, without requiring duplicate paper prescriptions. The Instrument supports the Department of Health, Disability and Ageing (Department) and the Australian Digital Health Agency’s (Agency) policy objective of transitioning the aged care sector to conformant electronic prescribing systems.

 

Commencement
 

The National Health (Transitional Electronic National Residential Medication Chart) Amendment (Aged Care Legislation) Special Arrangement 2025 is taken to have commenced on 1 November 2025. This retrospective commencement aligns with when the Aged Care Act 2024 commenced.

 

Section 12 of the Legislation Act 2003 relevantly provides that if a legislative instrument commences before it is registered, it does not apply in relation to a person (other than the Commonwealth or an authority of the Commonwealth) to the extent that as a result of that commencement:

  • the person’s rights as at the time the instrument is registered would be affected so as to disadvantage the person; or
  • liabilities would be imposed on the person in respect of anything done or omitted to be done before the instrument is registered.

 

The Department is not aware of any person, other than the Commonwealth, who would be disadvantaged by the retrospective commencement.

 

Consultation
 

Consultation undertaken as part of the development of the Aged Care Act 2024 has informed the development of the new definitions and terminology being included in this instrument.

 

General

The Act specifies no conditions that need to be satisfied before the power to make the amendments to the Instrument may be exercised.

 

Details of the amendments to the Instrument of Approval are set out in Attachment A.

 

This instrument is compatible with the human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility is set out in Attachment B.


ATTACHMENT A

 

Details of National Health (Transitional Electronic National Residential Medication Chart) Amendment (Aged Care Legislation) Special Arrangement 2025

 

Part 1—Preliminary

Section 1 – Name


Section 1 provides that the name of the instrument is National Health (Transitional Electronic National Residential Medication Chart) Special Arrangement 2025 and may also be referred to as PB 131 of 2025.

 

Section 2 – Commencement
 

Section 2 provides that the Instrument is taken to have commenced on 1 November 2025.

 

Section 3 – Authority
 

Section 3 provides that the Instrument is made under subsections 100(1) and 100(2) of the National Health Act 1953 (Act).

 

Section 4 – Schedules
 

Section 4 provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.  The Schedule amends the National Health (Transitional Electronic National Residential Medication Chart) Special Arrangement 2025 (the principal instrument).

 

Schedule 1 – Amendments

 

Item 1

This item provides a definition for “approved residential care home” an updated term used throughout the principal instrument to align with definitions in the Aged Care Act 2024.

 

Item 2

This item omits the words “a residential care service” within the definition of an electronic medication chart and replaces it with “an approved residential care home” to align with definitions in the Aged Care Act 2024.

 


Item 3

This item omits the words “a residential care service” within the definition of an electronic medication chart system and replaces it with “an approved residential care home” to align with definitions in the Aged Care Act 2024.

 

Item 4

This item repeals the current definition of residential care and replaces it with a new definition to align with definitions in the Aged Care Act 2024. 

 

Item 5

This item repeals the definition of a residential care service as this definition no longer exists in the Aged Care Act 2024.

 

Item 6

This item omits the words “a residential care service” and substitutes it with “an approved residential care home” to align with the Aged Care Act 2024.

 

Item 7

This item omits the words “a residential care service” and substitutes it with “an approved residential care home” to align with the Aged Care Act 2024.

 

Item 8

This item omits the words “residential care service” and substitutes it with “approved residential care home” to align with the Aged Care Act 2024.

 

Item 9

This item inserts a new application provision to ensure the ongoing validity of prescriptions written between 1 November 2025 and the date that this instrument is registered.

 

The effect of this item is that it would treat a prescription written (and a supply of a pharmaceutical benefit made on the basis of that prescription) under the Principal Instrument between 1 November 2025 and the date that this instrument is registered as if the prescription was written for a person receiving residential care in or at an approved residential care home.

 

This item is included for the avoidance of doubt.  It is not anticipated that there will be persons who were receiving residential care in a residential care service (as those terms were defined in the Aged Care Act 1997) who were being prescribed pharmaceutical benefits under the principal instrument before 1 November 2025 who are not receiving residential care in an approved residential care home under the Aged Care Act 2024.

 


Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

National Health (Transitional Electronic National Residential Medication Chart) Amendment (Aged Care Legislation) Special Arrangement 2025

 

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 Legislative Instrument

The National Health (Transitional Electronic National Residential Medication Chart) Amendment (Aged Care Legislation) Special Arrangement 2025 is a consequential amendment to the National Health (Transitional Electronic National Residential Medication Chart) Special Arrangement 2025. This amendment is the result of the Aged Care Act 2024 coming into effect on 1 November 2025. The amending instrument provides clearer definitions that align with the Aged Care Act 2024.

 

Human rights implications

This instrument engages article 12 of the International Covenant on Economic Social and Cultural Rights (ICESCR), specifically the right to health.

 

Right to Health

The right to health – the right to the enjoyment of the highest attainable standard of physical and mental health – is contained in article 12(1) of the ICESCR. Whilst the UN Committee on Economic Social and Cultural Rights has stated that the right to health is not to be understood as a right to be healthy, it does entail a right to a system of health protection which provides equality of opportunity for people to enjoy the highest attainable level of health.

 

Analysis

This instrument facilitates continued use of transitional Electronic National Residential Medication Chart (eNRMC) systems for PBS prescribing and supply while software vendors transition their users to versions of their products that are conformant with the technical and legislative requirements for electronic prescribing set out in Electronic Prescribing Conformance Profile version 3.0.2. It reduces regulatory burden associated with the supply of pharmaceutical benefits and supports safer, more effective medication management in aged care settings—consistent with recommendations from the Royal Commission into Aged Care Quality and Safety.

 

Conclusion

This instrument is compatible with human rights as it promotes the protection of the human right to health.


Matthew Castle

A/g Assistant Secretary

Medicare Benefits and Digital Health Division

Department of Health, Disability and Ageing

Overview

The National Health (Transitional Electronic National Residential Medication Chart) Amendment (Aged Care Legislation) Special Arrangement 2025 is an instrument made under the authority of subsections 100(1) and 100(2) of the National Health Act 1953. It was enacted to align the definitions and terminology within the National Health (Transitional Electronic National Residential Medication Chart) Special Arrangement 2025 with the new aged care legislative framework introduced by the Aged Care Act 2024. This alignment is crucial to ensure that instruments interacting with the aged care framework operate as intended without requiring duplicate paper prescriptions. The policy objective of the Department of Health, Disability and Ageing and the Australian Digital Health Agency is to facilitate the transition of the aged care sector to conformant electronic prescribing systems. The instrument maintains the transitional framework to support the use of transitional conformant electronic medication chart systems in approved residential aged care homes for Pharmaceutical Benefit Scheme prescribing. It commenced on 1 November 2025, aligning with the commencement date of the Aged Care Act 2024. The amendments are compatible with the human rights and freedoms recognised under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011, specifically engaging article 12 of the International Covenant on Economic Social and Cultural Rights, which pertains to the right to health.

Scope and Application

The National Health (Transitional Electronic National Residential Medication Chart) Amendment (Aged Care Legislation) Special Arrangement 2025 applies to entities and individuals involved in the supply of pharmaceutical benefits within approved residential aged care homes (RACHs) that are transitioning to conformant electronic prescribing systems. This includes the Department of Health, Disability and Ageing, the Australian Digital Health Agency, and pharmaceutical benefit providers within these facilities. The geographic and jurisdictional reach of this instrument is Commonwealth-wide, ensuring uniformity across Australia. The instrument does not set specific exclusions or thresholds but operates under the overarching framework of the National Health Act 1953, which may be further extended or restricted through subordinate instruments. The instrument maintains the transitional framework for the continued use of transitional conformant electronic medication chart systems in RACHs for Pharmaceutical Benefit Scheme (PBS) prescribing, ensuring that no duplicate paper prescriptions are required. The instrument’s amendments are designed to align with the new aged care legislative framework established by the Aged Care Act 2024, ensuring that existing processes and systems continue to operate effectively during the transition period.

Key Provisions

The main operative sections of the National Health (Transitional Electronic National Residential Medication Chart) Amendment (Aged Care Legislation) Special Arrangement 2025 (the Amendment) include Section 1, which names the instrument, and Section 2, which specifies the commencement date of the Amendment. Section 3 outlines the authority under which the Amendment is made, referencing subsections 100(1) and 100(2) of the National Health Act 1953. Section 4 details the schedules that amend or repeal the existing Special Arrangement, including the principal instrument. The primary objective of these sections is to update the definitions and terminology within the transitional electronic National Residential Medication Chart (eNRMC) framework to align with the new aged care legislative structure, particularly as established by the Aged Care Act 2024. The Amendment imposes several obligations on the parties and entities it governs. Primarily, it mandates the continued use of transitional conformant electronic medication chart systems in approved residential aged care homes for Pharmaceutical Benefit Scheme (PBS) prescribing. This ensures that there is no requirement for duplicate paper prescriptions, thereby streamlining the prescribing process and maintaining consistency with the new aged care legislative framework. The Amendment also seeks to ensure that the ongoing validity of prescriptions written between 1 November 2025 and the date of registration of the Amendment is maintained, thereby preventing any potential disruption in the supply of pharmaceutical benefits. There are no specific offences, penalties, or civil/criminal consequences outlined for breaches of the Amendment. However, the legislative framework underpinning the National Health Act 1953 includes provisions for penalties where necessary. Given the nature of the Amendment, which focuses on ensuring the smooth transition and compliance with the new aged care legislative requirements, any significant non-compliance could potentially lead to actions under the broader regulatory scheme established by the Act. This may include administrative actions, fines, or other sanctions as prescribed by the relevant provisions of the National Health Act 1953. The Amendment supports the Department of Health, Disability and Ageing and the Australian Digital Health Agency’s objective of transitioning the aged care sector to conformant electronic prescribing systems, which is crucial for safer and more effective medication management in residential aged care settings. By updating the definitions and terminology, the Amendment ensures that the legislative instruments interact seamlessly with the new aged care legislative framework, thus facilitating the transition to electronic prescribing systems and aligning with the recommendations from the Royal Commission into Aged Care Quality and Safety.

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Health Law
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.