Federal Register of Legislation - Australian Government

Primary content

Rules/Other as made
This instrument updates the dates for which the National Joint Replacement Register Levy can be collected.
Administered by: Health
Registered 27 Nov 2019
Tabling HistoryDate
Tabled HR28-Nov-2019
Tabled Senate02-Dec-2019
To be repealed 24 Mar 2020
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003

EXPLANATORY STATEMENT

 

Issued by the Authority of the Minister for Health

 

Private Health Insurance (National Joint Replacement Register Levy) Act 2009

 

Private Health Insurance (National Joint Replacement Register Levy) Amendment Rule 2019

 

Section 8 of the Private Health Insurance (National Joint Replacement Register Levy) Act 2009 (the Act) provides that the Minister may make Private Health Insurance (National Joint Replacement Register Levy) Rules providing for matters required or permitted by the Act to be provided, or necessary or convenient to be provided, in order to carry out or give effect to the Act.

 

In addition to the power to make this instrument under section 8 of the Act, subsection 33(3) of the Acts Interpretation Act 1901 provides that where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

 

Sections 6 and 7 of the Act, respectively provide for the Private Health Insurance (National Joint Replacement Register Levy) Rules to specify the days on which National Joint Replacement Register Levy (NJRR Levy) will be imposed and the rate at which it is to be imposed.

 

The NJRR Levy supports the work of the National Joint Replacement Registry. The Registry, operated by the Australian Orthopaedic Association, collects data on the implantation of prosthetic joint replacement devices and reports on revision rates, complications and other outcomes for those devices for inclusion in the National Joint Replacement Register. Its aim is to improve the quality of care of patients undergoing joint replacement surgery. The Registry is funded through cost-recovery.

 

NJRR Levy is payable by sponsors of those joint replacement prostheses listed on the Private Health Insurance (Prostheses) Rules (the Prostheses Rules).

 

The purpose of the Private Health Insurance (National Joint Replacement Register Levy) Amendment Rule 2019 (the Amendment Rule) is to provide future funding amounts for the levy after 31 October 2018.

 

The Private Health Insurance (National Joint Replacement Register Levy) Rule 2015 specifies a formula for calculating the rate of NJRR Levy and the levy imposition days. The amendments will allow the cost recovery arrangements to continue and fund the maintenance of the NJRR Register beyond 31 October 2018. The calculation of the levy ($2 376 000) for 30 November 2019 is based on National Joint Replacement Registry: Cost Recovery Impact Statement - 1 July 2019 to 30 June 2020.

 

 

 

Consultation

 

Sponsors of joint replacement prostheses are aware that the levy is calculated annually, based on the funding requirements to administer the National Joint Replacement Registry.

 

The National Joint Replacement Registry: Cost Recovery Impact Statement (CRIS) - 1 July 2019 to 30 June 2020 was published on the Department of Health Website 1 July 2019. The CRIS informs industry of the amount to be recovered. It is the same amount that was recovered in the preceding year.  

 

Industry did not raise any issues with the costs to be recovered for the NJRR.

 

 

 


 

ATTACHMENT

 

Details of the Private Health Insurance (National Joint Replacement Register Levy) Amendment Rule 2019

 

Section 1 – Name

                   This instrument is the Private Health Insurance (National Joint Replacement Register Levy) Amendment Rule 2019.

 

Section 2 – Commencement

This instrument commences on 28 November 2019.

 

Section 3 – Authority

 

This instrument is made under Private Health Insurance (National Joint Replacement Register Levy) Act 2009.

 

Section 4 – Schedules

 

Section 4 provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

 

Schedule 1 – Amendments

Private Health Insurance (National Joint Replacement Register Levy) Rule 2015

 

Item 1

 

Item 1 amends paragraph (d) of the definition of NJRR funding amount in subsection 7(4) of the Private Health Insurance (National Joint Replacement Register Levy) Rule 2015 (the Rule) consequential on the addition of a new paragraph (e) to that definition (refer to Item 2). This is a technical amendment only.

 

Item 2 adds a new paragraph (e) in the definition of NJRR funding amount in subsection 7(4) of the Rule.  New paragraph (e) provides that $2 376 00 is the NJRR funding amount for the levy day on 30 November of any financial year after 31 October 2018.

 


Statement of Compatibility with Human Rights

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

 

Private Health Insurance (National Joint Replacement Register Levy) Amendment Rule 2019

This Legislative Instrument 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 instrument

Section 8 of the Private Health Insurance (National Joint Replacement Register Levy) Act 2009 (the Act) provides that the Minister may make Private Health Insurance (National Joint Replacement Register Levy) Rules providing for matters required or permitted by the Act to be provided, or necessary or convenient to be provided, in order to carry out or give effect to the Act.

 

In addition to the power to make this instrument under section 8 of the Act, subsection 33(3) of the Acts Interpretation Act 1901 provides that where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

 

Sections 6 and 7 of the Act, respectively, provide for Private Health Insurance (National Joint Replacement Register Levy) Rules to specify the days on which National Joint Replacement Register Levy (NJRR Levy) will be imposed and the rate at which it is to be imposed.

 

The NJRR Levy supports the work of the National Joint Replacement Registry. The Registry, operated by the Australian Orthopaedic Association, collects data on the implantation of prosthetic joint replacement devices and reports on revision rates, complications and other outcomes for those devices for inclusion in the National Joint Replacement Register. Its aim is to improve the quality of care and health outcomes of patients undergoing joint replacement surgery. The Registry is funded through cost-recovery.

 

NJRR Levy is payable by sponsors of those joint replacement prostheses listed on the Private Health Insurance (Prostheses) Rules (the Prostheses Rules).

 

The Private Health Insurance (National Joint Replacement Register Levy) Rule 2015 specifies a formula for calculating the rate of NJRR Levy and the levy imposition days. The amendments will allow the cost recovery arrangements to continue and fund the maintenance of the NJRR Register beyond 31 October 2018. The calculation of the levy ($2 376 000) for 30 November 2019 is based on National Joint Replacement Registry: Cost Recovery Impact Statement - 1 July 2019 to 30 June 2020.

 


 

Human rights implications

This instrument engages article 12 of the International Covenant on Economic Social and Cultural Rights (ICESCR), specifically the rights to health.

Right to Health

The right to health – the right to the enjoyment of the highest attainable standard of physical and mental health – is contained in article 12(1) of the ICESCR. Whilst the UN Committee on Economic Social and Cultural Rights has stated that the right to health is not to be understood as a right to be healthy, it does entail a right to a system of health protection which provides equality of opportunity for people to enjoy the highest attainable level of health. In addition, the right to health must meet certain key requirements, including health care must be scientifically and medically appropriate and of good quality.

Analysis

The ongoing collection of the NJRR levy facilitates the administration of the NJRR. The purpose of the NJRR is to define, improve and maintain health outcomes for individuals receiving joint replacement surgery.

  

 

Conclusion

The Amending instrument is compatible with human rights because it supports the protection of human rights, in particular the right to health.

Greg Hunt

Minister for Health