EXPLANATORY STATEMENT
Social Security (Treating Health Professionals) Determination 2010
Summary
The Social Security (Treating Health Professionals) Determination 2010 (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 is part of the Government’s response to the report of the Carer Payment (child) Review Taskforce and together with the Social Security and Indigenous Legislation Amendment (Budget and Other Measures) Act 2010 and the Disability Care Load Assessment (Child) Determination 2010 the response gives effect to measures aimed at improving the assistance to carers from 1 July 2010. 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
In 2009, significant amendments were made to the Act to provide improved support for carers. In particular, changes were made to the qualification criteria and assessment process for carer payment for care provided to children with disability or a medical condition.
Further, in 2009, section 38F of the Act was enacted. In short, this provision provided for 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 revokes the Social Security (Treating Health Professionals) Determination 2009 (2009 Determination). This Determination lists all the classes of persons set out in the 2009 Determination and adds speech pathologists as a class of persons that are treating health professionals for the purposes of the Act.
The classes of persons included in this Determination are the treating health professionals who are able to complete the professional questionnaire contained in the Disability Care Load Assessment (Child) Determination 2010.
Explanation of the provisions
Section 1 states the name of the Determination.
Section 2 states that the Determination commences on 1 July 2010.
Section 3 revokes the Social Security (Treating Health Professionals) Determination 2009.
Section 4 provides for the different classes of persons that are “treating health professionals” for the purposes of section 38F of the Act.
Section 4 consists of seven subsections. Each subsection refers to a different class of persons 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 4(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 4(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 4(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 4(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 4(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 4(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.
Subsection 4(g) provides that:
(i) a person registered or licensed to practise speech pathology under a law of a State or Territory that provides for the registration or licensing of speech pathologists; or
(ii) if registration or licensing of speech pathologists is not available in a State or Territory, a person employed as a speech pathologist who is a member of the Speech Pathology Association of Australia Limited;
is a treating health professional for the purposes of the Act.
Consultation
The classes of persons included in this Determination are the treating health professionals who are able to complete the professional questionnaire contained in the Disability Care Load Assessment (Child) Determination 2010. Comments contained in the Carer Payment (child) Review Taskforce’s Report suggested that certain groups of health professionals are not well represented on the list of treating health professionals. Development of the list was done in consultation with a range of disability and carer support organisations, and a number of treating health professional and customer reference groups. Representation from the Speech Pathology Association of Australia Limited, known as Speech Pathology Australia, and other stakeholders illustrated that many children with severe disabilities have communication and swallowing problems that are managed by speech pathologists, and in many instances, speech pathologists make a diagnosis of communication and swallowing disorders independently of other health professionals. Due to the extensive consultation undertaken by the Carer Payment (child) Review Taskforce and the consultation conducted in the development of the Disability Care Load Assessment (Child) Determination 2010, FaHCSIA consider that further consultation is 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.