Australian Centre for Disease Control (Consequential Amendments and Transitional Provisions) Bill 2025

High-Level Summary

The bill makes the necessary legislative amendments and transitional arrangements to support the establishment of the Australian Centre for Disease Control (Australian CDC). It transfers specific public health powers and functions from the Department of Health and the Commonwealth Chief Medical Officer to the Director-General of the Australian CDC, repeals the Australian National Preventative Health Agency Act 2010, and updates the Freedom of Information Act 1982.


Summary

The Australian Centre for Disease Control (Consequential Amendments and Transitional Provisions) Bill 2025 amends five existing Acts to transfer responsibilities to the newly created Australian CDC as an independent non-corporate Commonwealth entity.

  • Biosecurity Act 2015: transfers the power to list human diseases, prepare human health risk statements, and authorise Human Biosecurity Officers to the CDC’s Director-General; shifts the role of Director of Human Biosecurity from the CMO to the Health Secretary; and protects CDC officers from civil liability.
  • National Health Security Act 2007: designates the Director-General as Australia’s National Focal Point under the International Health Regulations, moves public health surveillance and notifiable disease listing functions from the CMO, and transfers the Security-Sensitive Biological Agents scheme to the CDC.
  • National Occupational Respiratory Disease Registry Act 2023: shifts registry administration and fee-charging powers from the CMO to the CDC’s Director-General.
  • Freedom of Information Act 1982: exempts CDC protected information from disclosure under section 38(1).
  • Australian National Preventative Health Agency Act 2010: repeals the Act to prevent duplication and provide a clear pathway for the CDC’s expanded functions in chronic disease prevention.

Transitional provisions ensure records, delegations and enterprise agreements follow the transferred functions without interruption, and empower the Health Minister to make further rules for up to 12 months post-transition.


Argument For
Normative Bases
  1. Utilitarian Ground Truth
  2. Hobbesianism
  3. Legal Principle [IHR Article 4]

Strengthening National Health Security
The bill consolidates Commonwealth public health functions in an independent, expert-led agency. By transferring disease-listing powers under the Biosecurity Act and notifiable-disease surveillance under the National Health Security Act to the CDC’s Director-General, Australia gains a single point of technical authority capable of rapid, evidence-based responses to outbreaks [Judgment].

Reducing Duplication and Enhancing Clarity
Repealing the ANPHA Act and migrating its preventive health roles into the CDC eliminates overlapping mandates, while amendments to the FOI Act ensure sensitive patient and commercial information remains protected, preserving trust and encouraging data sharing between jurisdictions.

Smooth Transition
Detailed transitional provisions and machinery-of-government rules safeguard continuity: departmental records, existing delegations and enterprise agreements automatically follow the transferred functions, minimising administrative disruption.

Together, these measures maximise public well-being by creating a single, empowered agency dedicated to disease prevention, preparedness and response.


Argument Against
Normative Bases
  1. Value-Neutral / Epistemic Objection

Complexity and Transitional Risk
Amending four major Acts and repealing another introduces a high risk of drafting errors, conflicting delegations and unintended gaps in authority during the transition. Overlapping roles between the CDC, Health Secretary and state chief health officers may lead to confusion in an emergency response scenario [Judgment].

Cost and Bureaucratic Expansion
The establishment of the CDC carries a price tag of $251.7 million over four years[1]. Many of its functions—disease surveillance, risk assessment and biological-agent regulation—are already performed within the existing Department of Health, raising questions about whether the incremental benefits justify the expense.

Transparency Concerns
By broadening FOI exemptions for “protected information” and granting retrospective rule-making powers for up to 12 months post-transition, the bill risks reducing public oversight of key health data and decision-making processes.

  1. Estimate from 2024-25 MYEFO: $251.7 million over four years.


Date:

2025-09-03

Chamber:

House of Representatives

Status:

Before House of Representatives

Sponsor:

Unspecified

Portfolio:

Health, Disability and Ageing

Categories:

Healthcare, National Security

Timeline:
03/09/2025

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