Commonwealth of Australia Explanatory Memoranda

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HEALTH INSURANCE AMENDMENT (NATIONAL RURAL HEALTH COMMISSIONER) BILL 2017

                              2016-2017




  THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA




                              SENATE




HEALTH INSURANCE AMENDMENT (NATIONAL RURAL HEALTH
              COMMISSIONER) BILL 2017




      SUPPLEMENTARY EXPLANATORY MEMORANDUM




       Amendments to be Moved on Behalf of the Government




     (Circulated by authority of the Assistant Minister for Health,
                   the Hon Dr David Gillespie MP)

 AMENDMENTS TO HEALTH INSURANCE AMENDMENT (NATIONAL RURAL
               HEALTH COMMISSIONER) BILL 2017

OUTLINE

Government Amendments to the Health Insurance Amendment (National Rural Health
Commissioner) Bill 2017 are required to amend the role of the Commissioner to include
providing advice to the Minister on the development and distribution of the rural health
workforce and on matters relating to rural health reform.

The amendments will also include the requirement for the Minister to consider no later than
1 July 2019 whether the office of the Commissioner should be extended beyond 1 July 2020

The amendments will also include that the Commissioner consider advice of the Rural Health
Stakeholder Roundtable and the rural health workforce distribution working group.

Financial Impact Statement
There are no financial impacts by introducing these Amendments.




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                       Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011


       HEALTH INSURANCE AMENDMENT (NATIONAL RURAL HEALTH
                     COMMISSIONER) BILL 2017
  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
The Bill will amend the Health Insurance Act 1973 to provide for the appointment of a
National Rural Health Commissioner (the Commissioner).

The Government committed to establish the Commissioner during the 2016 election.

The Commissioner will work with regional, rural and remote communities, the health sector,
universities, specialist training colleges and across all levels of Government to improve rural
health policies and champion the cause of rural practice. In addition, the Commissioner will
assist to better target Australian Government interventions to support access to services and
quality of services.

The Commissioner will be responsible for:
•      the development of a new National Rural Generalist Pathway to increase access to
      training for doctors in rural, regional and remote Australia;
•      working with Government and the health sector to enhance policy and promote
      opportunities of a career in rural health; and
•      developing options for increased access to training and appropriate remuneration for
      rural generalists.

Human rights implications
This Bill does not interfere with the right of individuals to the enjoyment of the highest
attainable standard of physical and mental health (Articles 2 or 12 of the International
Covenant on Economic, Social and Cultural Rights (ICESCR). In relation to health and
human rights, the World Health Organization constitution states that "the highest attainable
standard of health as a fundamental right of every human being." It also states that that the
right to health includes access to timely, acceptable, and affordable health care of appropriate
quality.

The establishment of the Commissioner is compatible with human rights legislation and will
provide an informed and independent mechanism to facilitate access to the right medical
professionals, with the right skills, in the right places at the right time.

Conclusion
This Bill is compatible with human rights as it does not raise any human rights issues.

           The Hon Dr David Gillespie MP, the Assistant Minister for Health




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          AMENDMENTS TO THE HEALTH INSURANCE AMENDMENT
           (NATIONAL RURAL HEALTH COMMISSIONER) BILL 2017

NOTES ON CLAUSES

Schedule 1

Clause 79AA
(lines 15 and 16) have been removed and replaced with the requirement that the
Commissioner may also provide advice to the Minister on the development and distribution
of the health workforce and on rural health reform.

At the end of the paragraph, this clause will insert the requirement for the Minister to
consider a year before this whether the office should be extended.

Clause 79AB(1) and (2)
Paragraphs have been numbered commencing with 79AB(1) There is to be a National Rural
Health Commissioner. A new clause has been inserted (79AB(2)) requiring the Minister to
consider no later than 1 July 2019 whether the office of the Commissioner should be
extended beyond 1 July 2020.

Clause 79AC(1)(c)
The current clause has been removed and replaced with the requirement for the
Commissioner to provide advice to the Minister on the development and distribution of the
rural health workforce and on matters relating to rural health reform. This provides further
clarification for the Commissioner to consider the needs of a broad range of stakeholders.

Clause 79AC(2)(d)
A new clause has been inserted that provides that the Commissioner considers the advice of
the Rural Health Stakeholder Roundtable and the Distribution Working Group. These groups
provide advice on relevant areas of rural health reform.




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