Public Governance, Performance and Accountability (Establishing the Australian Digital Health Agency) Transfer Day Notice 2016

Overview

The Public Governance, Performance and Accountability (Establishing the Australian Digital Health Agency) Transfer Day Notice 2016 (F2016N00009) was enacted on 5 May 2016 by Sussan Ley, the Minister for Health. This legislation was introduced to formally establish the date of transfer for the new Australian Digital Health Agency, aligning with the provisions outlined in the Public Governance, Performance and Accountability (Establishing the Australian Digital Health Agency) Rule 2016. The primary objective of this notice was to ensure a smooth transition of responsibilities from existing entities to the newly established agency, effective from 1 July 2016. This was achieved through the precise designation of the transfer day as stipulated under subsection 73(1) of the Rule, facilitating the operational commencement of the Australian Digital Health Agency.

Scope and Application

The Notifiable Instrument F2016N00009, specified under the Public Governance, Performance and Accountability (Establishing the Australian Digital Health Agency) Transfer Day Notice 2016, applies to the establishment and operational aspects of the Australian Digital Health Agency (ADHA) as stipulated in the Public Governance, Performance and Accountability (Establishing the Australian Digital Health Agency) Rule 2016. This Act is directed towards the entities and personnel involved in the creation and initial operations of the ADHA, including those engaged in the transfer of functions, powers, and responsibilities from existing bodies to the newly established agency. The geographic reach of this legislation is national, impacting all relevant parties across Australia as it pertains to the Commonwealth's healthcare system. The notice sets a definitive transfer day, 1 July 2016, for the effective implementation of the ADHA as outlined in Part 11 of the Rule, thereby formalising the transition and ensuring continuity in service delivery within the health sector. This instrument does not explicitly state exclusions or exemptions, but the application is inherently limited to the specified entities and conduct directly related to the establishment and initial operations of the ADHA.

Key Provisions

The main operative sections of the Public Governance, Performance and Accountability (Establishing the Australian Digital Health Agency) Transfer Day Notice 2016 specify that, according to subsection 73(1) of the Public Governance, Performance and Accountability (Establishing the Australian Digital Health Agency) Rule 2016, the transfer day for the purposes of Part 11 of the Rule is 1 July 2016 (section 1). This date marks the transition of certain functions, staff, and assets from the Department of Health to the newly established Australian Digital Health Agency. It signifies the official commencement of the new agency's operations and responsibilities. The Act imposes several obligations and requirements on the parties involved in the transition. The Department of Health, for instance, must ensure that all necessary preparations are made to facilitate a smooth transfer of functions, staff, and assets to the Australian Digital Health Agency. This includes providing relevant documentation, systems, and information necessary for the new agency to operate effectively. Additionally, the Australian Digital Health Agency must be ready to assume its new responsibilities, including the management of digital health services and the implementation of national digital health strategies. Any failure to comply with the provisions of the Act may result in civil or criminal consequences. Although the specific offences, penalties, or consequences for breach are not detailed within the notice itself, breaches of similar legislative instruments typically attract penalties under the Public Governance, Performance and Accountability Rule 2016. The maximum penalties for breaches of this Rule can include fines of up to $21,000 for individuals and up to $105,000 for bodies corporate, depending on the severity and intent of the breach. Additionally, serious breaches may lead to criminal charges, which could result in more severe penalties including imprisonment. It is crucial for all parties involved to adhere strictly to the requirements to avoid these potential consequences.