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2013-2014
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
AUSTRALIAN NATIONAL PREVENTIVE HEALTH AGENCY
(ABOLITION) BILL 2014
EXPLANATORY MEMORANDUM
(Circulated by authority of the Minister for Health, the Hon Peter Dutton MP)
AUSTRALIAN NATIONAL PREVENTIVE HEALTH AGENCY
(ABOLITION) BILL 2014
OUTLINE
This Bill repeals the Australian National Preventive Health Agency Act 2010, with the
purpose of abolishing the Australian National Preventive Health Agency (ANPHA),
established under the Act.
The Bill will enable preventive health efforts currently spread across two
Commonwealth agencies to be streamlined, focused and better coordinated and will
remove unnecessary duplication and costs.
The Department of Health continues to have overlapping responsibilities with those of
ANPHA, resulting in duplication of administrative, policy and programme functions
and a fragmented approach to public health efforts. ANPHA has been solely funded
by the Commonwealth, additional to the Commonwealth Department of Health.
In abolishing ANPHA, the functions of the Chief Executive Officer, Agency staff, the
ANPHA Advisory Council and ANPHA Committees cease. The Bill includes
transitional provisions for ancillary matters currently undertaken by ANPHA to be
transferred, or returned, to the Commonwealth Department of Health.
The department will continue to have a national leadership role on relevant preventive
health issues, providing advice on health promotion and disease prevention to the
Commonwealth Minister for Health and supporting specific preventive health
measures, including but not limited to the promotion of a healthy lifestyle and good
nutrition; reducing tobacco use; reducing the harmful drinking of alcohol;
discouraging substance abuse; and reducing the incidence of obesity amongst
Australians.
Financial Impact Statement
The Bill will provide a saving to the Commonwealth including by reducing
duplication of administered functions and reintegrating essential ongoing functions
currently undertaken by ANPHA within the Commonwealth Department of Health.
There are no consequential financial impacts to industry or states and territories as a
result of this Bill.
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Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny)
Act 2011
AUSTRALIAN NATIONAL PREVENTIVE HEALTH AGENCY
(ABOLITION) BILL 2014
This Bill 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 Bill
This bill repeals the Australian National Preventive Health Agency Act 2010, with the
purpose of abolishing the Australian National Preventive Health Agency (ANPHA), a
Commonwealth funded agency established under the Act.
Human rights implications
This Bill does not engage any of the applicable rights or freedoms.
Conclusion
This Bill is compatible with human rights as it does not raise any human rights issues.
The Hon Peter Dutton MP, the Minister for Health
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AUSTRALIAN NATIONAL PREVENTIVE HEALTH AGENCY
(ABOLITION) BILL 2014
NOTES ON CLAUSES
Clause 1: Short title
Clause 1 is a formal provision specifying the title of the Bill.
Clause 2: Commencement
The repeal of the ANPHA will take effect on 1 July 2014 or 3 months after royal
assent is given if this occurs on or after 1 July 2014,
Clause 3: Schedule(s)
Clause 3 introduces the Schedule that repeals the Australian National Preventive
Health Agency Act 2010.
Schedule 1: Amendments
Part 1 - Repeal:
1: The whole of the Act
The Bill repeals the entire Australian National Preventive Health Agency Act 2010.
As a result the operation of ANPHA will cease and ANPHA will be abolished.
Essential ongoing functions undertaken by ANPHA will be transferred to the
Commonwealth Department of Health.
Part 2 - Transitional provisions:
The Bill enables transitional arrangements to be implemented that deal with ancillary
matters that accompany the cessation of ANPHA and the transfer of essential
functions currently undertaken by ANPHA to the Commonwealth Department of
Health.
Division 1 - Introduction
2: Definitions
ANPHA: The Australian National Preventive Health Agency includes the Chief
Executive Officer of ANPHA, staff employed by ANPHA, the Advisory Council and
all Expert Committees engaged to assist in the operation of ANPHA.
Transition time: This clause provides the means to work out the date that the
provisions in the Schedule 1 of the bill commence.
Division 2 - Transfer of other matters
3: Transfer of records to the Department
As essential ongoing function undertaken by ANPHA will be transferred to the
Commonwealth Department of Health, all relevant hard copy and electronic records
associated with the work of ANPHA will be transferred to the Department of Health
accordingly.
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4: Transfer of Ombudsman investigations
Any existing complaints under the Ombudsman Act 1976 relating to ANPHA will not
cease to be investigated on the passing of this Bill. Any existing complaints will
continue to be given due consideration following the transfer of responsibilities to the
Commonwealth Department of Health. Relevant complaints regarding the work of
ANPHA can continue to be made following the passing of this Bill and abolishment
of ANPHA, but will be directed at the Department of Health as the recipient of the
essential ongoing functions.
Division 3 - Miscellaneous
5. Transitional rules
This clause enables rules to be implemented by legislative instrument to support the
transparent, efficient and effective transfer of essential functions to the Department of
Health, the ceasing of ANPHA operations and the completion of any necessary
activities during the transition period, if required.
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