Don Farrell (SA, Australian Labor Party, Parliamentary Secretary for Sustainability and Urban Water) Share this | Hansard source

I table a supplementary explanatory memorandum relating to the government amendment to be moved to National Health Reform Amendment (National Health Performance Authority) Bill. The memorandum was circulated in the chamber on 13 September 2011. This parliamentary amendment removes a section of the bill that further consideration has determined would unnecessarily constrain the appointment of members of the performance authority. As section 78 currently stands it would exclude people who have paid employment in the health sector and would result in a very narrow field of potential candidates. High calibre candidates with the relevant experience including those in relation to regional or rural expertise are usually engaged in paid employment in the sector of expertise. This section provides unnecessary constraints upon the authority compared with similar legislation. This section was part of a standard drafting text and was included in this bill by the department and parliamentary counsel, regretfully without a full appreciation of the implications for this authority.

Any conflict of interest would still be governed by other provisions set out in the bill. These provisions require a member to disclose to the minister all interests that conflict or could conflict with the proper performance of the member's functions and inform other performance authority members as soon as they become aware of the interests in the matter being considered by the performance authority. That member may not be present or take part in the consideration of the matter unless the other members determine otherwise. Following this amendment, the bill will represent strong legislation that will deliver increased transparency for all of Australia's health system.