EXPLANATORY STATEMENT
Social Security (Treating Health Professionals) Determination 2009
Summary
The Social Security (Treating Health Professionals) Determination 2009 (the Determination) is made by the Secretary of the Department of Families, Housing, Community Services and Indigenous Affairs under section 38F of the Social Security Act 1991 (the Act).
The Determination provides part of the Government’s response to the report of the Carer Payment (child) Review Taskforce and in conjunction with the Social Security Legislation Amendment (Improved Support for Carers) Act 2009 (the Improved Support for Carers Act) and the Disability Care Load Assessment (Child) Determination 2009 gives effect to measures aimed at improving the assistance to carers from 1 July 2009. The purpose of the Determination is to allow the Secretary to determine that a person, or any person included in a class of persons, is a treating health professional for the purposes of the Act.
Background
The Improved Support for Carers Act amends the Act and the Social Security (Administration) Act 1999 in relation to the qualification for carer payment with respect to care provided to children. The qualification criteria and assessment process for carer payment for care provided to children with disability or a medical condition will be changed to provide a fairer and more equitable process, based on the level of care required, rather than the rigid medical criteria used currently.
New section 38F of the Act has been inserted by the Improved Support for Carers Act to allow the Secretary to create a legislative instrument that determines that a person, or any person included in a class of persons, is a treating health professional for the purposes of the Act. This Determination provides for the kinds of persons that are to be regarded as a “treating health professionals” for the purposes of the Act. The kinds of persons who are included in this Determination will also be able to complete the professional questionnaire contained in the Disability Care Load Assessment (Child) Determination 2009.
Explanation of the provisions
Section 1 states the name of the Determination.
Section 2 states that the Determination commences on 1 July 2009. This corresponds with the commencement date of the amendments to the Act under which the Determination is made. The amendments are made by the Social Security Legislation Amendment (Improved Support for Carers) Act 2009.
Section 3 provides for the different kinds of person that are “treating health professionals” for the purposes of section 38F of the Act.
Section 3 consists of six subsections. Each subsection refers to a different kind of person who may be regarded as a treating health professional, and who may complete the assessment (questionnaires) in relation to the functional ability, behaviour and special care needs of a person aged under 16.
Subsection 3(a) provides that a person registered or licensed as a medical practitioner under a law of a State or Territory that provides for the registration or licensing of medical practitioners is a treating health professional for the purposes of the Act.
Subsection 3(b) provides that a person registered or licensed as a nurse under a law of a State or Territory that provides for the registration or licensing of nurses is a treating health professional for the purposes of the Act.
Subsection 3(c) provides that an occupational therapist who is eligible for membership of the Australian Association of Occupational Therapists is a treating health professional for the purposes of the Act.
Subsection 3(d) provides that a person registered or licensed to practise physiotherapy under a law of a State or Territory that provides for the registration or licensing of physiotherapists is a treating health professional for the purposes of the Act.
Subsection 3(e) provides that a person registered as a psychologist under a law of a State or Territory that provides for the registration of psychologists is a treating health professional for the purposes of the Act.
Subsection 3(f) provides that a person employed in a clinical role as an Aboriginal or Torres Strait Islander health worker, by a health service, in a geographically remote location is a treating health professional for the purposes of the Act.
Consultation
The kinds of people that are included in this Determination are based on the treating health professionals who are able to complete the professional questionnaire contained in the Adult Disability Assessment Tool (the ADAT) (contained in the Adult Disability Assessment Determination 1999) and comments contained in the Carer Payment (child) Taskforce’s Report which suggested that mental health professionals are not well represented on this list (the ADAT list). The Taskforce specifically recommended that psychologists could be considered for inclusion on the list of treating health professionals. Development of the list of treating health professionals for the purposes of the ADAT was done in consultation with a range of disability and carer support organisations, and a number of treating health professional and customer reference groups. Due to the extensive consultation undertaken by the Carer Payment (child) Review Taskforce and the consultation conducted in the development of the ADAT, FaHCSIA considered that further consultation was unnecessary.
Regulatory Impact Analysis
This Determination does not require a Regulatory Impact Statement (RIS) nor a Business Cost Calculator Figure. This Determination is not regulatory in nature, will not impact on business activity and will have no, or minimal, compliance costs or competition impact.