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Australian National Preventive Health Agency Bill 2009

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5964 - Revised

2008-2009

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

 

Australian National Preventive Health Agency Bill 2009

 

 

(1)     Page 2 (after line 2), after clause 2, insert:

2A  Objects and functions

             (1)  The object of this Act is to establish an Agency to advise on and manage national preventive health programs.

             (2)  The functions of the Agency and its CEO are to be interpreted in accordance with the following objects:

                     (a)  to effectively monitor, evaluate and build evidence in relation to preventive health strategies;

                     (b)  to facilitate a national health prevention research infrastructure

                     (c)  to generate new partnerships for workplace, community and school interventions;

                     (d)  to assist in the development of the health prevention workforce;

                     (e)  to coordinate and implement a national approach to social marketing for preventative health programs.

[objects]

(2)     Clause 11, page 4 (line 27), after “health”, insert “, including programs relating to alcohol, tobacco use and obesity”.

[awareness programs to include alcohol, tobacco use and obesity]

(3)     Clause 28, page 13 (line 13), at the end of section 29, add:

            ; and (d)  at least 2, but not more than 3, other members representing consumers or consumer health organisations.

[consumer representatives on advisory council]



 

(4)     Divisions 1 and 2 of Part 6, page 23 (line 2) to page 26 (line 20), omit the Divisions, substitute:

Division 1 Strategic plans

43   Development of strategic plan

             (1)  The CEO must develop, and prepare in written form, a strategic plan, for a 5-year period, that:

                     (a)  defines the CEO’s principal objectives in performing his or her functions during that 5-year period; and

                     (b)  gives a broad outline of the strategies to be pursued by the CEO to achieve those objectives.

             (2)  The CEO must consult the Advisory Council when developing and preparing a strategic plan.

             (3)  A strategic plan is to relate to:

                     (a)  for the first strategic plan—the 5-year period beginning on 1 July 2010; and

                     (b)  for later strategic plans—a period beginning on the 1 July immediately following the end of the 5-year period to which the previous plan related.

             (4)  A strategic plan prepared under subsection (1) is not a legislative instrument.

44   Approval of strategic plan

             (1)  The CEO must give a copy of a strategic plan to the Minister on or before:

                     (a)  for the first strategic plan—31 March 2010; and

                     (b)  for later strategic plans—either:

                              (i)  31 January in the last year of the 5-year period to which the previous plan related; or

                             (ii)  a later day, but not later than 31 March, in the last year of the 5-year period to which the previous plan related, as allowed by the Minister.

45   Variation of strategic plans

             (1)  The CEO may, at any time, review a strategic plan, whether or not it has come into force, and consider whether a variation to the plan is necessary.

Note:          See also subsection 48(2).

             (2)  The CEO may vary a strategic plan.

             (3)  The Minister may, at any time, request the CEO to vary a strategic plan, whether or not it has come into force.

             (4)  If the Minister requests a variation of a strategic plan, the CEO may vary the plan accordingly.

Division 2 Annual operational plans

46   Development of annual operational plan

             (1)  The CEO must give the Minister an annual operational plan relating to the 12 month period beginning on 1 July in a particular calendar year before 30 April in the calendar year.

             (2)  An annual operational plan must:

                     (a)  set out particulars of the action that the CEO intends to take during the period to which the plan relates in order to give effect to, or further, the goals set out in the strategic plan applicable to the period; and

                     (b)  include such performance indicators as the CEO considers appropriate against which the ANPHA’s performance can be assessed during the period to which the plan relates.

             (3)  The CEO must consult the Advisory Council when preparing an operational plan.

             (4)  An annual operational plan is not a legislative instrument.

47   Approval of annual operational plan

             (1)  If the Minister thinks that an operational plan is inconsistent with the provisions of the relevant strategic plan, the Minister may, by written notice given to the CEO, request the CEO to revise the annual operational plan appropriately.

             (2)  If the Minister makes a request under subsection (1) the Minister is to set out the reasons for the request in the notice.

             (3)  The CEO must consider a request under subsection (1) and the statement of reasons, and may make such revision of the annual operational plan as he or she considers appropriate.

             (4)  An annual operational plan comes into force at the beginning of the period to which the plan relates.

48   Variation of annual operational plan

                   Section 45 applies to annual operational plans in the same way as it applies to strategic plans.