Dan Tehan (Wannon, Liberal Party, Minister for Trade, Tourism and Investment) Share this | Hansard source

I present the explanatory memorandum to this bill and move:

That this bill be now read a second time.

The National Health Amendment (Decisions under the Continence Aids Payment Scheme) Bill 2021(the bill)makes minor amendments to theNational Health Act 1953(the act) to expressly provide for the Continence Aids Payment Scheme Instrument 2020(the CAPS Instrument) to confer review functions on the Administrative Appeals Tribunal (AAT).

On 16 January 2021, the CAPS Instrument was amended by the Continence Aids Payment Scheme Amendment (Merits Review) Instrument 2020 (merits review instrument 2020), to provide for internal review of decisions by the Secretary of the Department of Health (the department) under the CAPS Instrument. The secretary delegates power and functions to the executive in the department with responsibility for the CAPS Instrument.

The merits review instrument 2020 also enables CAPS participants or their nominated organisation affected by the secretary's internal review decision to apply for an independent merits review by the AAT of the initial review decision made by the secretary.

The bill amendments to the act will validate AAT review decisions made under the CAPS Instrument.

CAPS participants are unlikely to seek an independent merits review by the AAT, as Services Australia who administers the program works with CAPS applicants to resolve issues relating to their eligibility.

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