Norfolk Island Legislation Amendment Act Transitional Rule (Approved Pharmacists) 2016

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EXPLANATORY STATEMENT

Issued by the authority of the Minister for Territories, Local Government and Major Projects

 

NORFOLK ISLAND LEGISLATION AMENDMENT ACT 2015

NORFOLK ISLAND LEGISLATION AMENDMENT ACT TRANSITIONAL RULE (APPROVED PHARMACISTS) 2016

 

Authority

The Norfolk Island Legislation Amendment Act Transitional Rule (Approved Pharmacists) 2016 (Transitional Rule) is made under item 357 of Schedule 2 to the Norfolk Island Legislation Amendment Act 2015 (Amendment Act).

Purpose and operation

The purpose of the Transitional Rule is to deem particular pharmacists on Norfolk Island as ‘approved pharmacists’ for the purposes of section 90 of the National Health Act 1953 (NH Act). The effect of this is that Pharmaceutical Benefits Scheme medicines will be available on Norfolk Island to eligible Norfolk Island residents from 1 July 2016.

The Amendment Act implements the Norfolk Island reforms and, as a result, legislation implementing Australian taxation, social security, immigration, biosecurity, customs and some health arrangements (including the Pharmaceutical Benefits Scheme), will extend to Norfolk Island from 1 July 2016.

The Territories Legislation Amendment Act 2016 includes amendments to the Norfolk Island Act 1979 (NI Act) and the Acts Interpretation Act 1901 (AI Act). Amendments to the NI Act extend the application of Commonwealth laws to Norfolk Island; and amendments to the AI Act expand the definition of ‘Australia’ and ‘Commonwealth’ to include Norfolk Island. The effect of these amendments is that Commonwealth legislation supporting health and aged care programs will apply to Norfolk Island from 1 July 2016.

There are currently two community pharmacies operating on Norfolk Island. From 1 July 2016, each of the pharmacists operating the community pharmacies will be recognised as an approved pharmacist for the purposes of section 90 of the NH Act.  Approval under section 90 of the NH Act will enable the pharmacists to supply and claim medicines in accordance with the Pharmaceutical Benefits Scheme.

This Transitional Rule comes into effect immediately after Part 1 of Schedule 2 of the Amendment Act. Part 1 of Schedule 2 of the Amendment Act commences on 1 July 2016.

Details of this Transitional Rule are set out in the Attachment.

Consultation

Consultation regarding this approach has been undertaken with the Department of Health and the Department of Human Services.  Ongoing liaison has also been undertaken with the two pharmacists who will become approved under section 90 of the NH Act from 1 July 2016.  Consultation with the current Norfolk Island Hospital Enterprise pharmacist regarding the new arrangements was also conducted.  Broader public consultation was not undertaken because the Transitional Rule is largely machinery in nature to give effect to the arrangements introduced by the Amendment Act.

This Transitional Rule is a legislative instrument for the purposes of the Legislation Act 2003.


ATTACHMENT

 

DETAILS OF THE NORFOLK ISLAND LEGISLATION AMENDMENT ACT TRANSITIONAL RULE (APPROVED PHARMACISTS) 2016

 

PART 1 - Preliminary

Section 1 – Name of Transitional Rule

This section provides that the name of the Transitional Rule is the Norfolk Island Legislation Amendment Act Transitional Rule (Approved Pharmacists) 2016 (the Transitional Rule).

Section 2 – Commencement

This section provides that the Transitional Rule commences immediately after Part 1 of Schedule 2 of the Norfolk Island Legislation Amendment Act 2015 (Amendment Act). Schedule 2, Part 1 commences on 1 July 2016.

Section 3 – Authority

This section provides that the Transitional Rule is made under item 357 of Schedule 2 of the Amendment Act.

PART 2 – Transitional rule

Section 4 – Approved pharmacists on Norfolk Island

This section sets out the circumstances in which a pharmacist will be taken to be an approved pharmacist approved by the Secretary under section 90 of the National Health Act 1953 (NH Act) for the purposes of supplying pharmaceutical benefits from particular premises on Norfolk Island.

From 1 July 2016, a person who immediately before the commencement of the Transitional Rule was a registered pharmaceutical chemist under the Pharmacy Act 1956 of Norfolk Island and carried on, or controlled the carrying on of, the business of a pharmaceutical chemist (a pharmacy), at a particular premises on Norfolk Island will be deemed to be approved under section 90 of the NH Act.

The Transitional Rule explicitly excludes a registered pharmaceutical chemist on Norfolk Island who, immediately before the commencement of the Transitional Rule carried on, or controlled the carrying on of, the business of a pharmaceutical chemist at hospital premises.

 

 

 

 

 

Statement of Compatibility with Human Rights

 

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

 

NORFOLK ISLAND LEGISLATION AMENDMENT ACT TRANSITIONAL RULE (APPROVED PHARMACISTS) 2016

 

The Norfolk Island Legislation Amendment Act Transitional Rule (Approved Pharmacists) 2016 (Transitional Rule) 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 Legislative Instrument

The Transitional Rule is made under item 357 of Schedule 2 the Norfolk Island Legislation Amendment Act 2015 to deem the existing community pharmacists on Norfolk Island as approved to supply pharmaceutical benefits under section 90 of the National Health Act 1953 (NH Act) from 1 July 2016. The Transitional Rule will require a pharmacist to be registered as a pharmaceutical chemist under the Pharmacy Act 1956 of Norfolk Island and operating a pharmacy business at premises (other than a hospital) immediately before the 1 July 2016 start date in order for the pharmacist to be an approved pharmacist for the purposes of section 90 of the NH Act.

Human rights implications

The Transitional Rule engages Articles 2 and 12 of the International Covenant on Economic, Social and Cultural Rights (ICESCR).  The Transitional Rule assists in 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 Pharmaceutical Benefits Scheme (PBS) is a benefit scheme which assists with providing access for people to subsidised 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 Transitional Rule is compatible with human rights as it advances the protection of human rights.

 

 

 

 

 

The Hon Paul Fletcher MP, Minister for Territories, Local Government and Major Projects

Overview

The Norfolk Island Legislation Amendment Act Transitional Rule (Approved Pharmacists) 2016 was enacted to ensure the smooth integration of Norfolk Island's health services with the Australian mainland, particularly in relation to the Pharmaceutical Benefits Scheme (PBS). This Transitional Rule was introduced under the authority of the Norfolk Island Legislation Amendment Act 2015 and is designed to facilitate the recognition of existing Norfolk Island pharmacists as approved suppliers of PBS medicines, thereby ensuring that Norfolk Island residents have access to these benefits from 1 July 2016. The policy objective behind this legislation is to progressively realise the right to the highest attainable standard of physical and mental health, in line with international obligations such as the International Covenant on Economic, Social and Cultural Rights. This Transitional Rule specifically deems pharmacists registered under the Pharmacy Act 1956 of Norfolk Island and operating a pharmacy business (excluding hospital pharmacies) immediately before the commencement date as approved pharmacists for the purposes of section 90 of the National Health Act 1953. This ensures that these pharmacists can supply and claim PBS medicines, aligning Norfolk Island's health services with national standards. The rule is compatible with human rights, as it supports the effective administration of the PBS, which in turn aids in achieving better health outcomes for Norfolk Island residents.

Scope and Application

The Norfolk Island Legislation Amendment Act Transitional Rule (Approved Pharmacists) 2016 applies to pharmacists operating on Norfolk Island, specifically those who were registered as pharmaceutical chemists under the Pharmacy Act 1956 of Norfolk Island and were conducting the business of a pharmacy at specific premises on the island immediately prior to 1 July 2016. This Transitional Rule aims to ensure that these pharmacists are recognised as 'approved pharmacists' under section 90 of the National Health Act 1953, thereby enabling them to supply and claim Pharmaceutical Benefits Scheme (PBS) medicines to eligible Norfolk Island residents from that date. The rule explicitly excludes pharmacists who were operating at hospital premises prior to the commencement date. The jurisdictional reach of this Transitional Rule is confined to Norfolk Island, and it is a subordinate instrument made under the Norfolk Island Legislation Amendment Act 2015, which implements broader reforms extending Australian laws to Norfolk Island. This Transitional Rule is effective immediately after the commencement of Part 1 of Schedule 2 of the Amendment Act, which is on 1 July 2016. The Transitional Rule is compatible with human rights, particularly in advancing the right to the highest attainable standard of physical and mental health as outlined in the International Covenant on Economic, Social and Cultural Rights.

Key Provisions

The Norfolk Island Legislation Amendment Act Transitional Rule (Approved Pharmacists) 2016, made under item 357 of Schedule 2 of the Norfolk Island Legislation Amendment Act 2015, aims to ensure that certain pharmacists on Norfolk Island are recognised as 'approved pharmacists' under section 90 of the National Health Act 1953 (NH Act) from 1 July 2016. This recognition is crucial for enabling these pharmacists to supply and claim Pharmaceutical Benefits Scheme (PBS) medicines to eligible Norfolk Island residents (section 4). Specifically, a pharmacist who was registered as a pharmaceutical chemist under the Pharmacy Act 1956 of Norfolk Island and was operating a pharmacy business at specific premises (excluding hospital premises) immediately before 1 July 2016 will be deemed an approved pharmacist (section 4). The Transitional Rule imposes several obligations on the parties it governs. Pharmacists who meet the criteria set out in section 4 must ensure they were registered and operating a pharmacy business at the specified premises immediately before 1 July 2016 to be recognised as approved pharmacists under the NH Act (section 4). These pharmacists are then authorised to supply and claim PBS medicines in accordance with the NH Act. Furthermore, the pharmacists must comply with any additional requirements stipulated by the Commonwealth for the supply of PBS medicines. Failure to meet the criteria for approval or non-compliance with the requirements set out in the Transitional Rule may lead to serious consequences. Although the Transitional Rule itself does not specify penalties for non-compliance, pharmacists who do not meet the criteria for approval or fail to comply with the NH Act’s provisions may face civil or criminal penalties under the NH Act. These penalties can include fines and imprisonment, depending on the nature and severity of the breach. It is essential for pharmacists to adhere to the Transitional Rule and the NH Act to avoid any legal repercussions. Overall, the Transitional Rule facilitates the smooth transition of Norfolk Island’s pharmacy practices under the Commonwealth’s health and aged care frameworks, ensuring that eligible residents have access to PBS medicines from 1 July 2016. The Transitional Rule’s compatibility with human rights is affirmed, as it supports the progressive realisation of the right to the highest attainable standard of health under the International Covenant on Economic, Social and Cultural Rights. By recognising certain Norfolk Island pharmacists as approved under the NH Act, the Transitional Rule aims to enhance health outcomes and ensure equitable access to essential medicines for Norfolk Island residents.

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