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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Health Workforce Australia (Abolition)
Bill 2014
No. , 2014
(Health)
A Bill for an Act to abolish Health Workforce
Australia, and for related purposes
No. , 2014
Health Workforce Australia (Abolition) Bill 2014
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedule(s) ........................................................................................ 2
Schedule 1--Amendments
3
Part 1--Royal Assent
3
Health Workforce Australia Act 2009
3
Part 2--Repeals at Proclamation date
6
Health Workforce Australia Act 2009
6
Part 3--Transitional provisions
7
Division 1--Introduction
7
Division 2--Transfer of assets and liabilities
7
Division 3--Transfer of other matters
9
Division 4--Annual reporting obligation
11
Division 5--Staff
14
Division 6--Miscellaneous
14
No. , 2014
Health Workforce Australia (Abolition) Bill 2014
1
A Bill for an Act to abolish Health Workforce
1
Australia, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Health Workforce Australia
5
(Abolition) Act 2014.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Health Workforce Australia (Abolition) Bill 2014
No. , 2014
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1,
Part 1
The day after this Act receives the Royal
Assent.
3. Schedule 1,
Parts 2 and 3
A single day to be fixed by Proclamation.
However, if the provision(s) do not
commence within the period of 6 months
beginning on the day this Act receives the
Royal Assent, they commence on the day
after the end of that period.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments Schedule 1
Royal Assent Part 1
No. , 2014
Health Workforce Australia (Abolition) Bill 2014
3
Schedule 1
--Amendments
1
Part 1
--Royal Assent
2
Health Workforce Australia Act 2009
3
1 Subsection 4(3)
4
Repeal the subsection, substitute:
5
(3) The seal of Health Workforce Australia is to be kept in the custody
6
of the CEO, and is not to be used except as authorised by the CEO.
7
2 Section 7
8
Repeal the section.
9
3 Subsection 28(1)
10
Omit "Board", substitute "Minister".
11
4 Subsection 28(2)
12
Repeal the subsection, substitute:
13
(2) The Minister may appoint a person to act as the CEO for a period
14
of more than 12 months.
15
5 Subsection 31(2)
16
Omit "Chair" (wherever occurring), substitute "Minister".
17
6 Subsection 31(3)
18
Repeal the subsection.
19
7 Section 32
20
Omit "Board", substitute "Minister".
21
8 Subsections 33(1) and (2)
22
Omit "Chair" (wherever occurring), substitute "Minister".
23
9 Subsection 33(3)
24
Repeal the subsection.
25
Schedule 1 Amendments
Part 1 Royal Assent
4
Health Workforce Australia (Abolition) Bill 2014
No. , 2014
10 Subsection 34(1)
1
Omit "Board", substitute "Minister".
2
11 Subsection 34(2)
3
Repeal the subsection.
4
12 Subsection 34(3)
5
Omit "Board", substitute "Minister".
6
13 Paragraph 34(3)(d)
7
Omit ", except with the Chair's approval,".
8
14 Subsection 34(4)
9
Repeal the subsection.
10
15 Section 35
11
Omit "Board", substitute "Minister".
12
16 After section 38
13
Insert:
14
38A Delegation
15
(1) The Minister may, by writing, delegate all or any of his or her
16
powers and functions under this Part to a person.
17
(2) The delegate must be:
18
(a) the Secretary of the Department; or
19
(b) an SES employee, or acting SES employee, in the
20
Department.
21
Note:
The expressions SES employee and acting SES employee are defined
22
in the Acts Interpretation Act 1901.
23
(3) In exercising powers or functions under a delegation, the delegate
24
must comply with any directions of the Minister.
25
17 Section 40
26
Omit "or a direction".
27
Amendments Schedule 1
Royal Assent Part 1
No. , 2014
Health Workforce Australia (Abolition) Bill 2014
5
18 Termination of appointment of members
1
An appointment of a person as a member under section 11 or 13 of the
2
Health Workforce Australia Act 2009 that is in force immediately
3
before the commencement of this item is, by force of this item,
4
terminated on that commencement.
5
Schedule 1 Amendments
Part 2 Repeals at Proclamation date
6
Health Workforce Australia (Abolition) Bill 2014
No. , 2014
Part 2
--Repeals at Proclamation date
1
Health Workforce Australia Act 2009
2
19 The whole of the Act
3
Repeal the Act.
4
Amendments Schedule 1
Transitional provisions Part 3
No. , 2014
Health Workforce Australia (Abolition) Bill 2014
7
Part 3
--Transitional provisions
1
Division 1
--Introduction
2
20 Definitions
3
In this Part:
4
asset means:
5
(a) any legal or equitable estate or interest in real or personal
6
property, whether actual, contingent or prospective; and
7
(b) any right, power, privilege or immunity, whether actual,
8
contingent or prospective.
9
assets official, in relation to an asset other than land, means the person
10
or authority who:
11
(a) under a law of the Commonwealth, a State or a Territory; or
12
(b) under a trust instrument; or
13
(c) otherwise;
14
has responsibility for keeping a register in relation to assets of the kind
15
concerned.
16
commencement time means the commencement of Part 2 of this
17
Schedule.
18
HWA means Health Workforce Australia.
19
land means any legal or equitable estate or interest in real property,
20
whether actual, contingent or prospective.
21
land registration official, in relation to land, means the Registrar of
22
Titles or other proper officer of the State or Territory in which the land
23
is situated.
24
liability means any liability, duty or obligation, whether actual,
25
contingent or prospective.
26
Secretary means the Secretary of the Department.
27
Division 2
--Transfer of assets and liabilities
28
21 Vesting of assets of HWA
29
(1)
This item applies to the assets of HWA immediately before the
30
commencement time.
31
Schedule 1 Amendments
Part 3 Transitional provisions
8
Health Workforce Australia (Abolition) Bill 2014
No. , 2014
(2)
At the commencement time, the assets cease to be assets of HWA and
1
become assets of the Commonwealth without any conveyance, transfer
2
or assignment. The Commonwealth becomes the successor in law in
3
relation to the assets.
4
22 Vesting of liabilities of HWA
5
(1)
This item applies to the liabilities of HWA immediately before the
6
commencement time.
7
(2)
At the commencement time, the liabilities cease to be liabilities of
8
HWA and become liabilities of the Commonwealth without any
9
conveyance, transfer or assignment. The Commonwealth becomes the
10
successor in law in relation to the liabilities.
11
23 Transfers of land may be registered
12
(1)
This item applies if:
13
(a) any land vests in the Commonwealth under this Division; and
14
(b) there is lodged with a land registration official a certificate
15
that:
16
(i) is signed by the Minister; and
17
(ii) identifies the land, whether by reference to a map or
18
otherwise; and
19
(iii) states that the land has become vested in the
20
Commonwealth under this Division.
21
(2)
The land registration official may:
22
(a) register the matter in a way that is the same as, or similar to,
23
the way in which dealings in land of that kind are registered;
24
and
25
(b) deal with, and give effect to, the certificate.
26
(3)
A certificate under paragraph (1)(b) is not a legislative instrument.
27
24 Certificates relating to vesting of assets other than land
28
(1)
This item applies if:
29
(a) an asset other than land vests in the Commonwealth under
30
this Division; and
31
(b) there is lodged with an assets official a certificate that:
32
(i) is signed by the Minister; and
33
Amendments Schedule 1
Transitional provisions Part 3
No. , 2014
Health Workforce Australia (Abolition) Bill 2014
9
(ii) identifies the asset; and
1
(iii) states that the asset has become vested in the
2
Commonwealth under this Division.
3
(2)
The assets official may:
4
(a) deal with, and give effect to, the certificate as if it were a
5
proper and appropriate instrument for transactions in relation
6
to assets of that kind; and
7
(b) make such entries in the register in relation to assets of that
8
kind as are necessary, having regard to the effect of this
9
Division.
10
(3)
A certificate made under paragraph (1)(b) is not a legislative
11
instrument.
12
Division 3
--Transfer of other matters
13
25 Acts of HWA to be attributed to the Commonwealth
14
(1)
This item applies to anything done by, or in relation to, HWA before the
15
commencement time.
16
(2)
After the commencement time, the thing has effect as if it had been
17
done by, or in relation to, the Commonwealth.
18
26 Substitution of the Commonwealth as a party to certain
19
pending proceedings
20
(1)
This item applies if any proceedings to which HWA was a party were
21
pending in any court or tribunal immediately before the commencement
22
time.
23
(2)
The Commonwealth is substituted for HWA, from the commencement
24
time, as a party to those proceedings.
25
27 Transfer of records to the Department
26
(1)
This item applies to any records or documents that were in the
27
possession of HWA immediately before the commencement time.
28
(2)
The records and documents are to be transferred to the Department after
29
the commencement time.
30
Schedule 1 Amendments
Part 3 Transitional provisions
10
Health Workforce Australia (Abolition) Bill 2014
No. , 2014
Note:
The records and documents are Commonwealth records for the purposes of the Archives
1
Act 1983.
2
28 Transfer of Ombudsman investigations
3
If:
4
(a) before the commencement time, a complaint was made to the
5
Ombudsman, or the Ombudsman began an investigation,
6
under the Ombudsman Act 1976 in relation to an action taken
7
by HWA; and
8
(b) immediately before the commencement time, the
9
Ombudsman had not finally disposed of the matter in
10
accordance with the Ombudsman Act 1976;
11
the Ombudsman Act 1976 applies after the commencement time as if
12
that action had been taken by the Department.
13
29 References in certain instruments to HWA
14
(1)
If:
15
(a) an instrument was in force immediately before the
16
commencement time; and
17
(b) a reference is made in the instrument to HWA; and
18
(c) the instrument is an instrument covered by one or more of the
19
following subparagraphs:
20
(i) an instrument that was made by HWA;
21
(ii) an instrument to which HWA was a party;
22
(iii) an instrument that was given to, or in favour of, HWA;
23
(iv) an instrument under which any right or liability accrues
24
or may accrue to HWA;
25
(v) any other instrument in which a reference is made to
26
HWA;
27
the reference has effect after the commencement time as if it were a
28
reference to the Commonwealth.
29
(2)
For the purposes of this item, instrument:
30
(a) includes:
31
(i) a contract, undertaking, deed or agreement; and
32
(ii) a notice, authority, order or instruction; and
33
(iii) an instrument made under an Act or under regulations;
34
but
35
Amendments Schedule 1
Transitional provisions Part 3
No. , 2014
Health Workforce Australia (Abolition) Bill 2014
11
(b) does not include an exempt instrument.
1
(3)
For the purposes of this item, exempt instrument means:
2
(a) an Act; or
3
(b) an instrument made under this Act; or
4
(c) an instrument specified in an instrument under subitem (4).
5
(4)
The Minister may, by legislative instrument, specify one or more
6
instruments for the purposes of paragraph (3)(c).
7
Division 4
--Annual reporting obligation
8
30 Final annual report
9
The Secretary must prepare a report for HWA either under:
10
(a) item 31 if:
11
(i) the commencement time is on or after 1 July 2014; and
12
(ii) section 6 of the Public Governance, Performance and
13
Accountability Act 2013 commences on 1 July 2014; or
14
(b) item 32 if:
15
(i) the commencement time is before 1 July 2014; or
16
(ii) section 6 of the Public Governance, Performance and
17
Accountability Act 2013 does not commence on 1 July
18
2014.
19
31 Final annual report based on new law
20
Secretary to prepare report
21
(1)
The Secretary must prepare a report for HWA in accordance with
22
section 46 of the Public Governance, Performance and Accountability
23
Act 2013 for the final reporting period.
24
(2)
The final reporting period is the period that:
25
(a) begins:
26
(i) if the commencement time occurs in the financial year
27
beginning on 1 July 2014 and no report under section 9
28
of the Commonwealth Authorities and Companies Act
29
1997 has been given to the Minister for the previous
30
financial year--at the beginning of the previous
31
financial year; or
32
Schedule 1 Amendments
Part 3 Transitional provisions
12
Health Workforce Australia (Abolition) Bill 2014
No. , 2014
(ii) if the commencement time occurs in a financial year
1
beginning on or after 1 July 2015 and no report under
2
46 of the Public Governance, Performance and
3
Accountability Act 2013 has been given to the Minister
4
for the previous financial year--at the beginning of the
5
previous financial year; or
6
(iii) otherwise--at the beginning of the financial year in
7
which the commencement time occurs; and
8
(b) ends immediately before the commencement time.
9
Report to include financial statements
10
(3)
The report must include financial statements for the final reporting
11
period.
12
(4)
If the final reporting period begins on or after 1 July 2014, then the
13
financial statements for the period must be prepared and audited in
14
accordance with sections 42 and 43 of the Public Governance,
15
Performance and Accountability Act 2013.
16
(5)
However, if the final reporting period begins before 1 July 2014, then:
17
(a) the financial statements relating to the part of the period that
18
occurs on and after that day must be prepared and audited in
19
accordance with sections 42 and 43 of the Public
20
Governance, Performance and Accountability Act 2013; and
21
(b) the financial statements relating to the part of the period that
22
occurs before that day must be prepared and audited in
23
accordance with Schedule 1 to the Commonwealth
24
Authorities and Companies Act 1997 and the Finance
25
Minister's Orders referred to in that Schedule (as in force
26
immediately before that day).
27
(6)
For subitems (1) and (4) and paragraph (5)(a), sections 42, 43 and 46 of
28
the Public Governance, Performance and Accountability Act 2013, and
29
rules made for the purposes of those sections, apply as if:
30
(a) references in those sections to the accountable authority were
31
references to the Secretary; and
32
(b) references in those sections to an annual report were
33
references to the report; and
34
(c) references in those sections to a reporting period were
35
references to the final reporting period.
36
Amendments Schedule 1
Transitional provisions Part 3
No. , 2014
Health Workforce Australia (Abolition) Bill 2014
13
(7)
For paragraph (5)(b), Schedule 1 to the Commonwealth Authorities and
1
Companies Act 1997, and the Finance Minister's Orders referred to in
2
that Schedule, as in force immediately before 1 July 2014, apply as if:
3
(a) references in that Schedule, or those Orders, to the directors
4
were references to the Secretary; and
5
(b) references in that Schedule, or those Orders, to an annual
6
report were references to the report; and
7
(c) references in that Schedule, or those Orders, to a financial
8
year were references to the final reporting period.
9
Secretary to give report to Minister
10
(8)
The Secretary must give the report to the Minister by the 15th day of the
11
fourth month after the end of the final reporting period. The Minister
12
may grant an extension of time in special circumstances.
13
Minister to table report in Parliament
14
(9)
The Minister must table the report in each House of the Parliament as
15
soon as practicable.
16
32 Final annual report based on old law
17
(1)
The Secretary must prepare a report for HWA in accordance with
18
Schedule 1 to the Commonwealth Authorities and Companies Act 1997
19
for the final reporting period.
20
(2)
The final reporting period is the period that:
21
(a) begins:
22
(i) if, at the commencement time, no report under section 9
23
of the Commonwealth Authorities and Companies Act
24
1997 has been given to the Minister for the financial
25
year ending before the commencement time--at the
26
beginning of that financial year; or
27
(ii) otherwise--at the beginning of the financial year in
28
which the commencement time occurs; and
29
(b) ends immediately before the commencement time.
30
(3)
Schedule 1 to that Act, and the Finance Minister's Orders referred to in
31
that Schedule, apply in relation to the report as if:
32
(a) references in that Schedule, or those Orders, to the directors
33
were references to the Secretary; and
34
Schedule 1 Amendments
Part 3 Transitional provisions
14
Health Workforce Australia (Abolition) Bill 2014
No. , 2014
(b) references in that Schedule, or those Orders, to an annual
1
report were references to the report; and
2
(c) references in that Schedule, or those Orders, to a financial
3
year were references to the final reporting period.
4
(4)
The Secretary must give the report to the Minister by the 15th day of the
5
fourth month after the end of the final reporting period. The Minister
6
may grant an extension of time in special circumstances.
7
(5)
The Minister must table the report in each House of the Parliament as
8
soon as practicable.
9
Division 5
--Staff
10
33 No transfer of appointment, engagement or employment
11
of staff
12
(1)
Nothing in this Part produces the result that the appointment,
13
engagement or employment of an HWA officer has effect as if it were
14
an appointment, engagement or employment of the person in relation to
15
the Commonwealth.
16
(2)
In this item:
17
HWA officer means:
18
(a) a member of the Board of HWA; or
19
(b) an employee of HWA; or
20
(c) a consultant engaged by HWA.
21
Division 6
--Miscellaneous
22
34 Exemption from stamp duty and other State or Territory
23
taxes
24
(1)
No stamp duty or other tax is payable under a law of a State or a
25
Territory in respect of an exempt matter, or anything connected with an
26
exempt matter.
27
(2)
For the purposes of this item, an exempt matter is:
28
(a) the vesting of an asset or liability under this Part; or
29
(b) the operation of this Part in any other respect.
30
(3)
The Minister may certify in writing:
31
Amendments Schedule 1
Transitional provisions Part 3
No. , 2014
Health Workforce Australia (Abolition) Bill 2014
15
(a) that a specified matter is an exempt matter; or
1
(b) that a specified thing was connected with a specified exempt
2
matter.
3
(4)
In all courts, and for all purposes (other than for the purposes of
4
criminal proceedings), a certificate under subitem (3) is prima facie
5
evidence of the matters stated in the certificate.
6
35 Certificates taken to be authentic
7
A document that appears to be a certificate made or issued under a
8
particular provision of this Part:
9
(a) is taken to be such a certificate; and
10
(b) is taken to have been properly given;
11
unless the contrary is established.
12
36 Delegation by Minister
13
(1)
The Minister may, by writing, delegate all or any of his or her powers
14
and functions under this Part to a person.
15
(2)
The delegate must be:
16
(a) the Secretary of the Department; or
17
(b) an SES employee, or acting SES employee, in the
18
Department.
19
Note:
The expressions SES employee and acting SES employee are defined
20
in the Acts Interpretation Act 1901.
21
(3)
In exercising powers or functions under a delegation, the delegate must
22
comply with any directions of the Minister.
23
37 Compensation for acquisition of property
24
(1)
If the operation of this Schedule would result in an acquisition of
25
property (within the meaning of paragraph 51(xxxi) of the Constitution)
26
from a person otherwise than on just terms (within the meaning of that
27
paragraph), the Commonwealth is liable to pay a reasonable amount of
28
compensation to the person.
29
(2)
If the Commonwealth and the person do not agree on the amount of the
30
compensation, the person may institute proceedings in a court of
31
competent jurisdiction for the recovery from the Commonwealth of
32
such reasonable amount of compensation as the court determines.
33
Schedule 1 Amendments
Part 3 Transitional provisions
16
Health Workforce Australia (Abolition) Bill 2014
No. , 2014
38 Transitional rules
1
The Minister may, by legislative instrument, make rules in relation to
2
transitional matters arising out of the amendments and repeals made by
3
this Schedule.
4