Private Health Insurance (National Joint Replacement Register Levy) Amendment Bill 2025

High-Level Summary

The Private Health Insurance (National Joint Replacement Register Levy) Amendment Bill 2025 amends the existing NJRR Levy Act to transfer the definition of who must pay the levy from the Act itself into subordinate rules under section 8, ensuring consistent cost recovery in line with policy intent.

It also validates prior levy collections and provides transitional arrangements for the 2025–26 financial year.


Summary

The Bill amends the Private Health Insurance (National Joint Replacement Register Levy) Act 2009 by:

  • Redefining the Private Health Insurance (Medical Devices and Human Tissue Products) Rules and removing the definition of “sponsor” (subsection 5(1)) to clear up ambiguity.
  • Repealing subsection 5(2) and replacing references in section 7A so that the person responsible for paying the NJRR levy is specified in the rules made under section 8, rather than in the Act itself.
  • Including a validation provision to treat all past levy collections as if the correct payer had been designated under the new rules.
  • Setting application and transitional arrangements to apply the amendments to any levy imposed on or after commencement, and requiring the Private Health Insurance (National Joint Replacement Register Levy) Rules 2015 to be updated for the 2025–26 financial year.

Commencing 14 days after Royal Assent, the Bill incurs no net cost to the Commonwealth if in place by 1 March 2026; otherwise the Government would need to cover approximately $3.3 million in unrecouped levies.


Argument For
Normative Bases
  1. Utilitarian Ground Truth
  2. Legal Principle

By moving the levy-payer definition into rules under section 8, the Bill eliminates ambiguity in the Act, ensuring that the National Joint Replacement Registry is fully funded without exposing the Commonwealth to unfunded liabilities. Reliable funding for the NJRR promotes better monitoring of joint replacement outcomes and drives improvements in surgical quality, reducing complications and downstream healthcare costs [Judgment].

The clearer legislative structure also upholds the rule of law by consolidating technical definitions in subordinate instruments while preserving parliamentary scrutiny of policy changes through disallowance mechanisms. The validation clause safeguards against legal challenges over past collections, avoiding expensive litigation and reinforcing confidence among device sponsors and insurers.


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

Delegating the crucial definition of who pays the NJRR levy to subordinate rules reduces parliamentary accountability for levy-setting and shifts important policy detail out of the primary legislation. This undermines transparent law-making by allowing changes to levy responsibilities without full debate in both Houses.

The Bill’s complex amendments and validation provisions may create uncertainty for medical-device suppliers and health insurers over who is liable to pay. A simpler, more direct amendment to the Act could achieve the same policy outcome without expanding executive discretion or risking regulatory drift [Judgment].


Date:

2025-09-04

Chamber:

House of Representatives

Status:

Before House of Representatives

Sponsor:

Unspecified

Portfolio:

Health and Ageing

Categories:

Healthcare, Financial Regulation

Timeline:
04/09/2025

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