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National Health Reform Amendment (National Health Performance Authority) Bill 2011

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2010-2011

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

SENATE

 

 

 

 

 

 

 

 

 

 

 

NATIONAL HEALTH REFORM AMENDMENT (NATIONAL HEALTH PERFORMANCE AUTHORITY) BILL 2011

 

 

 

 

SUPPLEMENTARY EXPLANATORY MEMORANDUM

 

 

 

 

Amendment to be Moved on Behalf of the Government

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(Circulated by authority of the Minister for Health and Ageing, the Hon. Nicola Roxon, MP)





AMENDMENT TO

NATIONAL HEALTH REFORM AMENDMENT (NATIONAL HEALTH PERFORMANCE AUTHORITY) BILL 2011

 

 

OUTLINE

 

The main purpose of the amendment to the National Health Reform Amendment (National Health Performance Authority) Bill 2011 is to remove the provision prohibiting members of the National Health Performance Authority from engaging in paid employment outside the duties of his or her office.

 

The main purpose of the National Health Reform Amendment (National Health Performance Authority) Bill 2011 is to establish the National Health Performance Authority (the Performance Authority).   

 

The amendment will involve the omission of a provision prohibiting a full time member of the Performance Authority from engaging in paid employment outside the duties of his or her office without the Minister’s approval and a provision prohibiting a part-time member of the Performance Authority to engage in paid employment that conflict or may conflict with the proper performance of his or her duties.:

 

 

FINANCIAL IMPACT

The amendment has no financial impact.



NATIONAL HEALTH REFORM AMENDMENT (NATIONAL HEALTH PERFORMANCE AUTHORITY) BILL 2011

 

NOTES ON CLAUSES

 

Clauses (1)

 

Clause (1).  This amendment omits section 78 of the National Health Reform Amendment (National Health Performance Authority) Bill 2011.  This amendment recognises the constraints experienced by the Commonwealth in choosing candidates for possible appointment as Chair, Deputy Chairs and other members of the National Health Performance Authority and the Independent Hospital Pricing Authority.  High calibre candidates with the relevant expertise are usually engaged in paid employment that would conflict with their role on these authorities.  There would be very few persons who are retired or are not employed in subject areas similar to those necessary for the performance of the function of the Performance Authority. 

 

In general, the members of these authorities would not be engaged as a full time member.  Therefore, the provision set out in subsection 78(1) which provides that a full time member of the Performance Authority must not engage in paid employment outside the duties of his or her office without the Minister’s approval is not required. 

 

Clause 1 also removes the requirement set out in subsection 78(2) that a part-time member of the Performance Authority must not engage in any paid employment that conflicts with the proper performance of his or her duties.  The omission of this provision would remove the constraints imposed by the current provision on the Minister in appointing suitably qualified persons as members (including the Chair and Deputy Chair of the Performance Authority). 

 

Any conflict of interest would be governed by current sections 76 and 77.  Section 76 requires a member to disclose to the Minister all interests, pecuniary or otherwise, that conflict or could conflict with the proper performance of the member’s functions.  Section 77 requires a member to inform other Performance Authority members as soon as they become aware of an interest in a matter being considered by the Performance Authority, and may not be present or take part in consideration of the matter unless the other members determine otherwise.  The affected member must not be present or take part in the deliberation surrounding a question of their participation in decision making which involve a conflict of interest.