Commonwealth of Australia Explanatory Memoranda Commonwealth of Australia Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
2010-2011-2012
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
FEDERAL FINANCIAL RELATIONS AMENDMENT (NATIONAL HEALTH
REFORM) BILL 2012
SUPPLEMENTARY EXPLANATORY MEMORANDUM
Amendments to be moved on behalf of the Government
(Circulated by the authority of the
Deputy Prime Minister and Treasurer, the Hon Wayne Swan MP)
Table of contents
General outline and financial impact ....................................................... 1
Chapter 1 Amendments to the Federal Financial Relations
Amendment (National Health Reform) Bill 2012 ............ 3
Chapter 2 Statement of Compatibility with Human Rights .............. 5
General outline and financial impact
Amendments to the Federal Financial Relations Amendment
(National Health Reform) Bill 2012
These amendments seek to amend the Federal Financial Relations
Amendment (National Health Reform) Bill 2012 to change the
commencement of specific provisions of the Bill. This includes:
· changing the commencement of specific items under Schedule 1 -
Aged care and disability services to the day after this Act receives
the Royal Assent, or the day this Act receives the Royal Assent; and
· changing the commencement of Schedule 2 - National health
reform payments to the day this Act receives the Royal Assent.
Other minor changes to the Bill include:
· inserting a reference to national health reform payments in
Schedule 1 - Aged care and disability services after paragraph
21(a) of the Federal Financial Relations Act 2009; and
· removing a duplicative provision in Schedule 2 - National health
reform payments.
Date of effect: The amendments to the Federal Financial Relations
Amendment (National Health Reform) Bill 2012 in respect of national
health reform payments will take effect from the date of Royal Assent.
Amendments to the Bill in respect of aged care and disability services will
take effect from the date of Royal Assent or the day after the Act receives
Royal Assent.
Proposal announced: The amendments to the Federal Financial
Relations Amendment (National Health Reform) Bill 2012 have not
previously been announced.
Financial impact: The amendments do not affect the financial impact
statement included in the Explanatory Memorandum to the Federal
Financial Relations Amendment (National Health Reform) Bill 2012.
Human rights implications: The amendments are compatible with
human rights. See Statement of Compatibility with Human Rights --
Chapter 2, paragraphs 2.1 to 2.7.
Compliance cost impact: Nil.
1
Chapter 1
Amendments to the Federal Financial
Relations Amendment (National Health
Reform) Bill 2012
Amendment 1 (Commencement information)
1.1 This amendment changes the commencement of certain
provisions of the Federal Financial Relations Amendment (National
Health Reform) Bill 2012.
1.2 The commencement of Schedule 2 - National health reform
payments has been changed from 1 July 2012 to the day this Act receives
the Royal Assent. This amendment has been made to ensure that there is
greater flexibility in the event that some or all parties to the agreement
resolve that initial Commonwealth payments be made ahead of 1 July
2012 to support the implementation of the new funding arrangements
under the National Health Reform Agreement.
1.3 The commencement of the specific provisions under Schedule 1
- Aged care and disability services have been changed as a consequence
of amending the commencement of Schedule 2 - National health reform
payments to when the Act receives the Royal Assent. These amendments
have been made as the commencement of Schedule 1 - Aged care and
disability services relies on the commencement of Schedule 2 - National
health reform payments having taken effect.
Amendments 2 and 3 (National health reform payments)
1.4 This amendment provides that the Minister must have regard to
the National Health Reform Agreement when determining financial
assistance in relation to national health reform payments or aged care and
disability services. [Schedule 1, item 5, after paragraph 21(a) of the FFR Act]
1.5 As a consequence of this amendment, a duplicative reference in
Schedule 2 - National health reform payments has been omitted.
3
Chapter 2
Statement of Compatibility with Human
Rights
Prepared in accordance with Part 3 of the Human Rights
(Parliamentary Scrutiny) Act 2011
Federal Financial Relations Amendment (National Health Reform) Bill
2012
2.1 The amendments to the Federal Financial Relations Amendment
(National Health Reform) Bill 2012 are 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
2.2 The amendments to the Federal Financial Relations Amendment
(National Health Reform) Bill 2012 change the commencement of
specific provisions of the Bill. This includes:
· changing the commencement of specific items under Schedule 1 -
Aged care and disability services to the day after this Act receives
the Royal Assent, or the day this Act receives the Royal Assent;
· changing the commencement of Schedule 2 - National health
reform payments to the day this Act receives the Royal Assent;
Other minor changes to the Bill include:
· inserting a reference to national health reform payments in Schedule
1 - Aged care and disability services after paragraph 21(a) of the
Federal Financial Relations Act 2009; and
· removing a duplicative provision in Schedule 2 - National health
reform payments.
5
Federal Financial Relations Amendment (National Health Reform) Bill 2012
Human rights implications
2.3 Australia is a party to seven core international human rights
treaties. The right to health is contained in article 12(1) of the
International Covenant on Economic Social and Cultural Rights.
2.4 The change to federal financial arrangements, in accordance
with the National Health Reform Agreement, is a positive step towards the
realisation of the highest attainable standard of health for all Australians.
2.5 The new funding approach delivers tangible improvements to
the health and hospital system for all Australians, delivering the funding
public hospitals need.
2.6 The changes also provide for the transitioning of responsibilities
for aged care and disability services, which will ensure clearer lines of
accountability between the Commonwealth and the States.
Conclusion
2.7 The amendments to the Federal Financial Relations Amendment
(National Health Reform) Bill 2012 are compatible with human rights
because it advances the protection of human rights.
The Hon Wayne Swan MP, Deputy Prime Minister and
Treasurer
6
Index]
[Search]
[Download]
[Bill]
[Help]