Private Health Insurance (National Joint Replacement Register Levy) Amendment (NJRR Funding Amount) Rule 2023

Administered by Department of Health, Disability and Ageing

Legislation au F2023L01472 Rules Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Private Health Insurance (National Joint Replacement Register Levy) Act 2009

 

Private Health Insurance (National Joint Replacement Register Levy) Amendment (NJRR Funding Amount) Rule 2023

Purpose and operation

The purpose of the Private Health Insurance (National Joint Replacement Register Levy) Amendment (NJRR Funding Amount) Rule 2023 (the Amendment Rule) is to amend the Private Health Insurance (National Joint Replacement Register Levy) Rule 2015 (NJRR Rule), made under section 8 of the Private Health Insurance (National Joint Replacement Register Levy) Act 2009 (the Act). The Amendment Rule amends the associated cost recovery levy amount to reflect an increase in the levy amount for the 2023-2024 financial year and future financial years. The national joint replacement register levy day remains as 30 November for this financial year and future financial years after 2023-24. The census date for the purposes of calculating the levy amount for individual sponsors remains as 30 September for this financial year and future financial years.

 

Background

Section 7 of the Act provides for the NJRR Rule to specify the rate at which the National Joint Replacement Register Levy (NJRR levy) is to be imposed on joint replacement device sponsors.

 

The NJRR levy supports the work of the National Joint Replacement Registry (NJRR). The NJRR, operated by the Australian Orthopaedic Association, collects data on the implantation of prosthetic joint replacement devices and reports on revision rates, complications and other outcomes for those devices for inclusion on the NJRR. Its aim is to improve the quality of care for patients undergoing joint replacement surgery. The NJRR is funded through cost-recovery from industry stakeholders.

 

The NJRR levy is payable by sponsors of joint replacement devices or human tissue products listed on the Private Health Insurance (Medical Devices and Human Tissue Products) Rules (MDHTP Rules).

 

Details of the changes set by the Amendment Rule are as follows:

  • The levy amount specified for the levy day on 30 November for financial year 202324.
  • The levy amount for the levy day on 30 November of any financial year after 30 November 2023.

 

The Amendment Rule will commence on the day after it is registered on the Federal Register of Legislation. This is a legislative instrument for the purposes of the Legislation Act 2003.   

 

Authority

Section 8 of the Act provides that the Minister for Health and Aged Care may make Private Health Insurance (National Joint Replacement Register Levy) Rules providing for matters required or permitted by the Act to be provided, or necessary or convenient to be provided, in order to carry out or give effect to the Act.

 

Reliance on subsection 33(3) of the Acts Interpretation Act 1901

Subsection 33(3) of the Acts Interpretation Act 1901 provides that where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

 

Commencement

The Amendment Rule commences from the day after it is registered on the Federal Register of Legislation.

 

Consultation

Sponsors of joint replacement medical devices or human tissue products are aware that the levy is calculated annually, based on the funding requirements to administer the NJRR.

 

In May 2023, a draft of the National Joint Replacement Registry: Cost Recovery Implementation Statement (CRIS) for the 2023-2024 financial year was published on the Department of Health and Aged Care website to consult on proposed changes to the administration of the NJRR. The CRIS informs industry of the amount to be recovered.

 

A summary of consultation feedback and departmental responses are included in the final 2023-24 CRIS published on the department’s website, which reflects the NJRR funding requirements detailed in the Amendment Rule.

 

General

The Amendment Rule is a legislative instrument for the purposes of the Legislation Act 2003.

 

Details of the Amendment Rule are set out in Attachment A.

 

The Amendment Rule 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 the Private Health Insurance (National Joint Replacement Register Levy) Amendment (NJRR Funding Amount) Rule 2023

 

 

Section 1 – Name

 

Section 1 provides that the name of the instrument is the Private Health Insurance (National Joint Replacement Register Levy) Amendment (NJRR Funding Amount) Rule 2023.

 

Section 2 – Commencement

 

Section 2 provides that the instrument commences on the day after it is registered on the Federal Register of Legislation.

 

Section 3 – Authority

 

Section 3 provides that the instrument is made under Section 8 of the Private Health Insurance (National Joint Replacement Register Levy) Act 2009.

 

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.

 

Schedule 1- Amendments

 

Private Health Insurance (National Joint Replacement Register Levy) Rule 2015

 

Item 1

 

Item 1 repeals the definition of NJRR funding amount under Subsection 7(4) of the Private Health Insurance (National Joint Replacement Register Levy) Rule 2015 and substitutes it with a new definition to reflect an increase in the NJRR funding amount for the 2023-2024 financial year and future financial years.

 

 

 

 

 

 

 

 

 

 

 

ATTACHMENT B

 

Statement of Compatibility with Human Rights

 

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

Private Health Insurance (National Joint Replacement Register Levy) Amendment Rule 2023

This Disallowable 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 Disallowable Legislative Instrument

The Private Health Insurance (National Joint Replacement Register Levy) Amendment Rule 2023 (the Amendment Rule) is made under Section 8 of the Private Health Insurance (National Joint Replacement Register Levy) Act 2009 (the Act). The purpose of the Amendment Rule is to amend the associated cost recovery levy amount to reflect an increase in the levy amount for the 2023-2024 financial year and future financial years.

 

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 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. In addition, the right to health must meet certain key requirements, including that health care must be scientifically and medically appropriate and of good quality.

Analysis

The ongoing collection of the NJRR levy facilitates the administration of the NJRR. The purpose of the NJRR is to define, improve and maintain health outcomes for individuals receiving joint replacement surgery. The amendments ensure the costs of administering the NJRR are fully recovered accurately and align with advice provided to industry through consultation and the relevant CRIS.

 

Conclusion

The instrument is compatible with human rights because it enables advances in the protection of human rights, in particular the right to health.

 

The Hon Mark Butler MP

The Minister for Health and Aged Care

Overview

The Private Health Insurance (National Joint Replacement Register Levy) Amendment (NJRR Funding Amount) Rule 2023 was enacted to address the need for an increase in the funding amount for the National Joint Replacement Register (NJRR) for the 2023-2024 financial year and future financial years. This amendment was made under the authority granted by Section 8 of the Private Health Insurance (National Joint Replacement Register Levy) Act 2009, by the Minister for Health and Aged Care. The policy objective is to ensure that the NJRR, which collects data on prosthetic joint replacement devices to improve patient care, is adequately funded through cost recovery from industry stakeholders. This amendment reflects the increased funding requirements determined through consultation with industry and the National Joint Replacement Registry: Cost Recovery Implementation Statement (CRIS) for the 2023-2024 financial year. The NJRR is crucial for monitoring and improving the outcomes of joint replacement surgeries in Australia. By amending the associated cost recovery levy amount, the Amendment Rule aims to accurately reflect the funding needs of the NJRR, thereby ensuring its continued operation and effectiveness. The levy, which is payable by sponsors of joint replacement devices or human tissue products listed under the Private Health Insurance (Medical Devices and Human Tissue Products) Rules, supports the work of the Australian Orthopaedic Association in managing the NJRR. The amendments are designed to comply with the human rights and freedoms recognised under the Human Rights (Parliamentary Scrutiny) Act 2011, particularly the right to health, by ensuring that the NJRR can provide quality data and insights that contribute to better patient outcomes.

Scope and Application

The Private Health Insurance (National Joint Replacement Register Levy) Amendment (NJRR Funding Amount) Rule 2023 amends the Private Health Insurance (National Joint Replacement Register Levy) Rule 2015, which is made under the Private Health Insurance (National Joint Replacement Register Levy) Act 2009. The Act applies to sponsors of joint replacement devices or human tissue products listed on the Private Health Insurance (Medical Devices and Human Tissue Products) Rules. The purpose of the Amendment Rule is to adjust the National Joint Replacement Register Levy (NJRR Levy) amount to reflect an increase in the levy for the 2023-2024 financial year and future financial years. The national joint replacement register levy day remains 30 November, and the census date for calculating the levy amount for individual sponsors remains 30 September. The NJRR Levy is a cost-recovery mechanism to support the National Joint Replacement Registry, which is operated by the Australian Orthopaedic Association and collects data on the implantation of prosthetic joint replacement devices and reports on revision rates, complications, and other outcomes. The Amendment Rule is made under section 8 of the Act and will commence on the day after it is registered on the Federal Register of Legislation. The 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, particularly engaging article 12 of the International Covenant on Economic Social and Cultural Rights, which concerns the right to health.

Key Provisions

The Private Health Insurance (National Joint Replacement Register Levy) Amendment (NJRR Funding Amount) Rule 2023 amends the existing levy rate set out in the Private Health Insurance (National Joint Replacement Register Levy) Rule 2015. Specifically, it modifies the amount of the levy that is to be imposed on joint replacement device sponsors for the 2023-2024 financial year and any future financial years. The levy day and census date remain unchanged, with the levy day set for 30 November and the census date for 30 September each year (sections 1 and 4). The obligations imposed by the Amendment Rule on parties or entities it governs include the requirement for joint replacement device sponsors to pay the amended levy amount. This levy is essential for funding the National Joint Replacement Registry (NJRR), which collects and analyses data on joint replacement surgeries and outcomes. Sponsors must ensure that they account for the adjusted levy amount in their financial planning and reporting for the specified financial years. They must also be aware of the unchanged levy day and census date, ensuring that all relevant data is accurately reported to the NJRR by the stipulated dates (section 4). Breach of the obligations imposed by the Amendment Rule can result in civil or administrative penalties. While the specific penalties are not detailed within the explanatory statement, breaches of similar legislative instruments often involve fines or other financial penalties. These penalties are intended to ensure compliance with the levy requirements, thereby maintaining the integrity and effectiveness of the NJRR in collecting and analysing data to improve patient outcomes (section 4). The Amendment Rule is designed to ensure that the funding for the NJRR is sufficient to support its operations and objectives, thereby contributing to better health outcomes for patients undergoing joint replacement surgery. The amendments align with the legislative authority provided by section 8 of the Private Health Insurance (National Joint Replacement Register Levy) Act 2009 and are compatible with human rights, particularly the right to health as outlined in the International Covenant on Economic, Social and Cultural Rights (section 8 and Attachment B).

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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.