Commonwealth Numbered Regulations

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FINANCIAL FRAMEWORK (SUPPLEMENTARY POWERS) AMENDMENT (HEALTH MEASURES NO. 2) REGULATIONS 2018 (F2018L00842) - SCHEDULE 1

   

Financial Framework (Supplementary Powers) Regulations 1997

1  In the appropriate position in Part 4 of Schedule 1AB (table)

Insert:

286

Guaranteeing Access to Dental, Mental Health and Emergency Aeromedical Services through the Royal Flying Doctor Service

To provide funding to the Royal Flying Doctor Service to increase the availability of services in rural and remote Australia, including funding to:

(a) increase the availability of dental services; and

(b) provide access to mental health professionals; and

(c) ensure the reach of ambulance services to rural and remote Australia.

This objective also has the effect it would have if it were limited to measures:

(a) providing, or incidental to the provision of, medical or dental services (within the meaning of paragraph 51(xxiiiA) of the Constitution); or

(b) giving effect to Australia's obligations under the International Covenant on Economic, Social and Cultural Rights, particularly Articles 2 and 12.

287

Keeping Children Safe by Reducing Childhood Injuries

To provide funding for the SeeMore Safety Program in order to:

(a) prevent and reduce the effects of childhood injury; and

(b) encourage children to adopt safe practices throughout their lives.

This objective also has the effect it would have if it were limited to measures giving effect to Australia's obligations under the Convention on the Rights of the Child, particularly Articles 2(1), 6(2), 18(2), 24(2) and 31.

288

Increasing Knowledge--Spinal Muscular Atrophy

To provide funding for resources and training to increase knowledge among medical practitioners and the public about spinal muscular atrophy and referral pathways, including genetic testing, available to persons diagnosed with that condition.

This objective also has the effect it would have if it were limited to measures:

(a) in connection with electronic communications; or

(b) to give effect to Australia's obligations under:

(i) the Convention on the Rights of the Child, particularly Articles 4 and 24; or

(ii) the International Covenant on Economic, Social and Cultural Rights, particularly Articles 2 and 12; or

(c) providing, or incidental to the provision of, medical services (within the meaning of paragraph 51(xxiiiA) of the Constitution).

289

Increasing Knowledge--Endometriosis

To fund measures to increase awareness of the condition of endometriosis, its symptoms and possible treatments, including measures to:

(a) develop and deliver educational materials about endometriosis for medical professionals; and

(b) ensure the professional development of medical professionals in relation to the diagnosis and treatment of endometriosis; and

(c) increase the delivery of information about endometriosis in the course of consultations with general practitioners; and

(d) disseminate information about endometriosis via electronic communications.

This objective also has the effect it would have if it were limited to measures:

(a) in connection with electronic communications; or

(b) to give effect to Australia's obligations under:

(i) the Convention on the Elimination of All Forms of Discrimination against Women, particularly Articles 11 and 12; or

(ii) the Convention on the Rights of the Child, particularly Articles 4 and 24; or

(iii) the International Covenant on Economic, Social and Cultural Rights, particularly Articles 2 and 12; or

(c) providing, or incidental to the provision of, medical services (within the meaning of paragraph 51(xxiiiA) of the Constitution).

290

Improving Long-Term Health in Women with Gestational Diabetes and their Children

To fund measures to improve the long-term health of women with gestational diabetes and their children, including by:

(a) developing and distributing educational materials to encourage such women to undergo testing for type 2 diabetes or the risk of developing type 2 diabetes; and

(b) supporting the development and effective delivery of those materials, including by:

(i) tailoring and translating the materials for priority cultural groups; and

(ii) developing a mobile application; and

(iii) undertaking relevant research activities.

This objective also has the effect it would have if it were limited to measures:

(a) in connection with telephonic or electronic communications; or

(b) to give effect to Australia's obligations under the International Covenant on Economic, Social and Cultural Rights, particularly Articles 2 and 12; or

(c) providing, or incidental to the provision of, medical services (within the meaning of paragraph 51(xxiiiA) of the Constitution).

291

Healthy Pregnancies

To fund measures to improve the long-term health of the Australian population, including measures to:

(a) develop, disseminate and promote resources and educational materials for pregnant women in relation to managing weight, improving dietary habits and increasing physical activity; and

(b) commission research to inform the development of safe pregnancy physical activity guidelines.

This objective also has the effect it would have if it were limited to measures:

(a) in connection with electronic communications; or

(b) to give effect to Australia's obligations under the International Covenant on Economic, Social and Cultural Rights, particularly Articles 2 and 12; or

(c) that are peculiarly adapted to the government of a nation and cannot otherwise be carried on for the benefit of the nation.

292

Rural and Remote Health Infrastructure Projects

To provide grants for health infrastructure projects in regional and remote areas.

This objective also has the effect it would have if it were limited to providing grants:

(a) to or in relation to Indigenous Australians and particular groups of Indigenous Australians; or

(b) to give effect to Australia's obligations under:

(i) the International Covenant on Economic, Social and Cultural Rights, particularly Articles 2 and 12; or

(ii) the International Convention on the Elimination of All Forms of Racial Discrimination, particularly Articles 2 and 5; or

(c) as financial assistance to a State or Territory; or

(d) in or in relation to a Territory.

293

Biosimilar Education and Electronic Prescribing

To fund the following:

(a) an organisation to develop information and educational materials and modules for clinicians, pharmacists and consumers to support the uptake of biosimilar medicines;

(b) an organisation to develop and deliver information and educational activities for health professionals, other health service providers and consumers to support the uptake of biosimilar medicines;

(c) the development of software to support the uptake of generic and biosimilar medicines;

(d) the enhancement of software to improve quality prescribing and enhance management of the availability of medicines, pharmacovigilance, safety reporting and compliance with the Pharmaceutical Benefits Scheme;

(e) the enhancement of software to support the safe management and supply of controlled drugs.

This objective also has the effect it would have if it were limited to measures:

(a) in connection with electronic communications; or

(b) providing, or incidental to the provision of, pharmaceutical benefits (within the meaning of paragraph 51(xxiiiA) of the Constitution); or

(c) giving effect to Australia's obligations under:

(i) the Convention on Psychotropic Substances, particularly Article 11; or

(i) the International Covenant on Economic, Social and Cultural Rights, particularly Articles 2 and 12; or

(iii) the Single Convention on Narcotic Drugs (as amended), particularly Articles 2 and 4; or

(d) taken in the exercise of the executive power of the Commonwealth.

 



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