Commonwealth Numbered Regulations - Explanatory Statements

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AUSTRALIAN INSTITUTE OF HEALTH AND WELFARE REGULATIONS 1997 NO. 231

STATUTORY RULES 1997 NO. 231

Issued by authority of the Minister for Health and Family Services

Australian Institute of Health and Welfare Act 1987

Australian Institute of Health and Welfare Regulations

Section 32 of the Australian Institute of Health and Welfare Act 1987 ("the Act") provides that the Governor-General may make Regulations for the purposes of the Act.

Paragraph 273(a) of the Act requires Ministerial approval for the Australian Institute of Health and Welfare (Institute) to enter into a contract involving the payment or receipt of an amount exceeding $200,000 or such higher amount as may be prescribed. The purpose of amending the Regulation is to increase the amount to $500,000.

Information released in the Institute's 1995-96 Annual Report shows that the Institute received some $6.93 million for the Year in respect of 39 separate grants, reflecting an average grant of $177,000. The grants varied in size considerably, but nine exceeded the $200,000 threshold prescribed by the Act.

Two grants from the Department of Health and Family Services were intended for the Institute's collaborating centres in Adelaide and Darwin. The requirements of the Act and the Audit Act 1901 are such that separate Ministerial approvals must be obtained for the Institute to accept the grant from the Department and then to pass it to the collaborating centre.

With average grants to the Institute now approaching the threshold Emit, it is considered timely to increase the amount prescribed under section 23 of the Act to provide for a higher limit.

The limit has not been varied since the Act was first drafted almost ten years ago. An increase in limit to $500,000 is considered administratively more efficient and more in keeping with the original intent of the Act.

The Regulations commenced on Gazettal.