This bill became law on Mar 16th, 2023.
Budget, tax & economy
The levy law now uses the updated name for the private health insurance rules covering medical devices and human tissue products, and it also fixes a wrong cross-reference in the register levy law.
Renaming the private health insurance rules for medical devices and human tissue products, and an incorrect cross-reference in the levy law, left the National Joint Replacement Register levyA charge collected under law to fund the register that tracks joint replacement outcomes and related device information. Act out of step. This bill updates the Act to point to the renamed rulesThe renamed rules that now set out which medical devices and human tissue products can be listed for private insurance benefits., define covered joint replacement devices, and fix the mistaken reference.
After more than four years of work on reforming the private health insurance Prostheses ListThe schedule of devices and products that private insurers must pay set benefits for when a patient uses them., the 2021-22 federal budget funded a first tranche of changes to modernise how medical devices and human tissue products are listed and paid for. This bill was introduced alongside that package in December 2022 to keep the National Joint Replacement Register levyA charge collected under law to fund the register that tracks joint replacement outcomes and related device information. law aligned with the renamed rulesThe renamed rules that now set out which medical devices and human tissue products can be listed for private insurance benefits. and to fix a mistaken cross-reference, then passed Parliament in March 2023 and received Royal AssentThe final step that turns a passed bill into an Act of Parliament. days later.
The main criticism was that this machinery bill was being passed before Parliament had enough detail about the subordinate rules, cost recoveryA system where the people who use the listing process pay fees that help cover the government's administration costs. and bundling arrangements that would determine its real effect. Coalition speakers, including Anne Ruston, supported the package progressing but warned that Parliament and stakeholders had not yet seen enough of the practical detail; crossbenchers also sought stronger scrutiny and transparency.
Ged Kearney MP introduced this bill. It passed on the voices.
Did it become law?
Yes
Became law 16 Mar 2023
Final passage
Passed without a counted vote
2 recorded amendment or procedural votes were found, but no counted vote on the bill itself was recorded.
Passage speed
105 days
From introduction to the latest recorded parliamentary step
Meaning
The levy law now uses the updated name for the private health insurance rules covering medical devices and human tissue products, and it also fixes a wrong cross-reference in the register levy law.
For levy purposes, a joint replacement item is now defined as a listed medical deviceOn this page, a product that may be eligible for listing and private insurance payment if it fits the new legal definition. that is used in joint replacement surgery.
The law now points to the renamed private health insurance rules for deciding whether a listed joint replacement device is covered.
The Act fixes which section sets the extra levy day, by changing the reference from section 6 to section 8A.
The changes do not alter the current levy rules that fund the National Joint Replacement RegisterThe register funded by the levy that tracks joint replacement data and supports monitoring of joint replacement devices. through industry payments.
The Private Health Insurance (National Joint Replacement Register Levy) Amendment (Consequential Amendments) Bill 2022 (PHI NJRR Bill) amends the Private Health Insurance (National Joint Replacement Register Levy) Act 2009 (PHI NJRR Act) to reflect the renamed Private Health Insurance (Medical Devices and Human Tissue Products) Rules that will made under the PHI Act. This Bill also addresses an incorrect reference to a Ministerial determination in the PHI NJRR Act.Private Health Insurance (National Joint Replacement Register Levy) Amendment (Consequential Amendments) explanatory memorandum
joint replacement device means a medical device (within the meaning of the Private Health Insurance Act 2007) that:Private Health Insurance (National Joint Replacement Register Levy) Amendment (Consequential Amendments) Act 2023 final Act text
Omit “prosthesis is currently listed in the Private Health Insurance (Prostheses) Rules”, substitute “device is currently listed in the Private Health Insurance (Medical Devices and Human Tissue Products) Rules”.Private Health Insurance (National Joint Replacement Register Levy) Amendment (Consequential Amendments) Act 2023 final Act text
Omit “section 6”, substitute “section 8A”.Private Health Insurance (National Joint Replacement Register Levy) Amendment (Consequential Amendments) Act 2023 final Act text
The measures in this bill do not change any current requirements or obligations which enable the funding of our world renowned National Joint Replacement Register through an industry levy.Minister's second reading speech
Context
After more than four years of work on reforming the private health insurance Prostheses ListThe schedule of devices and products that private insurers must pay set benefits for when a patient uses them., the 2021-22 federal budget funded a first tranche of changes to modernise how medical devices and human tissue products are listed and paid for. This bill was introduced alongside that package in December 2022 to keep the National Joint Replacement Register levyA charge collected under law to fund the register that tracks joint replacement outcomes and related device information. law aligned with the renamed rulesThe renamed rules that now set out which medical devices and human tissue products can be listed for private insurance benefits. and to fix a mistaken cross-reference, then passed Parliament in March 2023 and received Royal AssentThe final step that turns a passed bill into an Act of Parliament. days later.
Government and stakeholders work on major Prostheses ListThe schedule of devices and products that private insurers must pay set benefits for when a patient uses them. reforms
Senate debate said the March 2023 bills followed more than four years of detailed work with medical technology, hospital, insurer and consumer stakeholders on reforming the Prostheses ListThe schedule of devices and products that private insurers must pay set benefits for when a patient uses them..
Hansard ↗Federal budget funds Prostheses ListThe schedule of devices and products that private insurers must pay set benefits for when a patient uses them. modernisation
Speakers said the 2021-22 federal budget committed $22 million over four years for the first stage of modernising and improving the private health insurance Prostheses ListThe schedule of devices and products that private insurers must pay set benefits for when a patient uses them..
Hansard ↗Government introduces a three-bill private health insurance package
The minister said this bill was introduced with related legislation to reflect the new name of the medical deviceOn this page, a product that may be eligible for listing and private insurance payment if it fits the new legal definition. and human tissue productOn this page, a product made from human tissue that may be included in the private insurance listing rules. rules and correct an error in the levy Act.
Hansard ↗Parliament passes the bill
Both houses passed the bill in the same form, completing the legislative step needed to align the joint replacement levy law with the broader Prostheses ListThe schedule of devices and products that private insurers must pay set benefits for when a patient uses them. reform package.
Parliamentary timeline ↗Royal AssentThe final step that turns a passed bill into an Act of Parliament. makes the changes law
Royal AssentThe final step that turns a passed bill into an Act of Parliament. turned the bill into an Act, finalising the consequential updates to the National Joint Replacement Register levyA charge collected under law to fund the register that tracks joint replacement outcomes and related device information. legislation.
Parliamentary timeline ↗Legislative route
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
The bill reached this recorded parliamentary step.
The bill reached this recorded parliamentary step. For this bill, the Federation Chamber reported back later the same day and the House then completed its remaining formal steps that day.
Referred to Federation Chamber
The bill reached this recorded parliamentary step.
Second reading debate
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
The bill reached this recorded parliamentary step. The official House record shows the referral out and return both happened on the same day, before the House moved to its final formal votes.
Reported from Federation Chamber
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
The bill reached this recorded parliamentary step.
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
The bill reached this recorded parliamentary step.
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
Both houses passed the bill in the same form, completing parliamentary passage.
Finally passed both Houses
The Governor-General gave Royal AssentThe final step that turns a passed bill into an Act of Parliament., turning the bill into an Act.
Key criticism
The main criticism was that this machinery bill was being passed before Parliament had enough detail about the subordinate rules, cost recoveryA system where the people who use the listing process pay fees that help cover the government's administration costs. and bundling arrangements that would determine its real effect. Coalition speakers, including Anne Ruston, supported the package progressing but warned that Parliament and stakeholders had not yet seen enough of the practical detail; crossbenchers also sought stronger scrutiny and transparency.
Criticism focused on missing detail and oversight, not on the bill’s basic objective.
Too much left to later rules
Critics said the bill itself was only technical on its face, while important practical details about subordinate rules, cost recoveryA system where the people who use the listing process pay fees that help cover the government's administration costs. and bundling arrangements were still unresolved. They argued the government should provide those settings before asking Parliament to finish the package.
Need for stronger scrutiny and proof of consumer savings
Some supporters warned that without extra transparency, oversight and compliance measures, promised savings from the broader prostheses reforms might not be passed on to consumers. They wanted clearer reporting and enforcement rather than relying on the reforms to work as intended.
Further sources
Votes
The bill passed both chambers on the voices. The counted divisions below were about amendments or procedure, not final passage.
House agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Senate agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Recorded amendment and procedural votes grouped by chamber. Expand a vote to see the party breakdown.
Senate
Defeated 13 to 26. Support came from Greens, Jacqui Lambie Network, and minor parties and independents. Opposition came from Labor, Liberal Party, and Nationals.
The Senate rejected a Greens second-reading amendment that criticised private health insurance as costly and unequal while still allowing the bill package to proceed.
Defeated 14 to 30. Support came from Greens, Jacqui Lambie Network, and minor parties and independents. Opposition came from Labor, Liberal Party, and Nationals.
The Senate rejected David Pocock’s second-reading amendment for extra ACCC reporting on private health insurance practices and whether prostheses savings reached consumers.
These are amendment votes, not the final passage vote on the bill itself. The bill passed both chambers on the voices.
Parliamentary debate
Start here — lead voices
Kearney supports the bill, saying it makes technical consequential amendments to reflect the new name of the related legislative instrument and fix an incorrect reference.
Read in Hansard ↗Ruston says the Coalition supports the process and progression of the private health insurance bills, but criticises the government for asking Parliament to proceed before stakeholders have seen enough detail about subordinate rules, cost recoveryA system where the people who use the listing process pay fees that help cover the government's administration costs. and bundling arrangements.
Read in Hansard ↗Pocock supports the bill, but says it should come with stronger scrutiny so the savings from the prostheses deal are actually passed on to consumers.
Read in Hansard ↗Freelander supports the bill and says it will make device pricing more transparent, help lower costs for private hospitals and insurers, and encourage people to keep private health insurance.
Read in Hansard ↗All speeches by bloc
5 speakers · 6 contributions · 5 support
“I congratulate the health minister and the Albanese Labor government for bringing this bill to the House. It seeks to improve not only how we fund our devices but gives more transparency in how we fund them and it will allow the private hospitals and the private insurance providers to understand better the costs and reduce their own cost, which will, in time, reduce premiums and premium rises, and will encourage people to stay in private health insurance.”Read the full speech in Hansard ↗
“I rise to support these bills as they seek to implement and modernise and improve the private health insurance Prostheses List. We know that the proposed legislation would amend private health insurance legislation to better define the items for which set benefits are paid by private health insurers so that these benefits are only payable for medical devices or human tissue products that meet specific definitions.”Read the full speech in Hansard ↗
“The measures in this Bill do not change any current requirements or obligations which enable the funding of our world renowned National Joint Replacement Register through an industry levy.”Read the full speech in Hansard ↗
“The third bill is the Private Health Insurance (National Joint Replacement Register Levy) Amendment (Consequential Amendments) Bill 2022, which is machinery in nature only and does not change any current requirements or obligations.”Read the full speech in Hansard ↗
Hansard records 2 separate contributions by Ged Kearney on this bill. They are grouped here so the speaker is listed once.
Minister's second reading speech
Kearney supports the bill, saying it makes technical consequential amendments to reflect the new name of the related legislative instrument and fix an incorrect reference. She says it does not change current requirements or obligations that fund the National Joint Replacement RegisterThe register funded by the levy that tracks joint replacement data and supports monitoring of joint replacement devices. through the industry levy.
“The measures in this bill do not change any current requirements or obligations which enable the funding of our world renowned National Joint Replacement Register through an industry levy.”Read this contribution in Hansard ↗
Second reading speech
Ged Kearney supports the bill as a minor machinery measure that helps complete the broader package modernising private health insurance prostheses arrangements. She says it does not change current requirements or obligations, but is part of the administrative changes needed for the reform.
“The third bill I introduced is the Private Health Insurance (National Joint Replacement Register Levy) Amendment (Consequential Amendments) Bill 2022, which is only machinery in nature and does not change any current requirements or obligations.”Read this contribution in Hansard ↗
4 speakers · 4 support
“The coalition are absolutely happy to support the process and the progression of these bills because they do do some very important things.”Read the full speech in Hansard ↗
“The coalition, of course, supports this legislation. It reflects much of the work that was done by the coalition government. This is an example of an orderly transition in our democratic government, with policies which were introduced by a prior government being continued under the next government where they're in the best interests of the Australian people. It is something we should acknowledge.”Read the full speech in Hansard ↗
“We are supportive of this bill, but we're putting the government on notice: they cannot continue to expect us to pass bills without seeing any of the substantive detail. I urge the government to address the significant challenges the industry faces, and to engage with them and to provide in a timely way those details that are currently missing. It's a critical industry and it's also critical that this industry understands how items on the list will be costed, setting in place a process to reduce the gap between the cost of medical devices in the public and private health sectors. It will be the patients of Australia who will suffer if this isn't done with the utmost concentration on the provision of details. I know the medtech industry is behind it, ready to support and help, but we do urge the government to please provide those details as this legislation comes forth. Thank you.”Read the full speech in Hansard ↗
“We are supportive of this bill, but we're putting the government on notice that they cannot continue to expect us to pass bills in this place without seeing any of the substantive details. Modernising and improving the Prostheses List is an important reform process, and the patients who would benefit from the reforms deserve to have the details properly considered.”Read the full speech in Hansard ↗
1 speaker · 1 support
“I want to start by indicating that the Australian Greens will be supporting the Private Health Insurance Legislation Amendment (Medical Device and Human Tissue Product List and Cost Recovery) Bill 2022, the Private Health Insurance (Prostheses Application and Listing Fees) Amendment (Cost Recovery) Bill 2022 and the Private Health Insurance (National Joint Replacement Register Levy) Amendment (Consequential Amendments) Bill 2022. We do so while recognising that private health insurance is out of reach for too many people in Australia, and we acknowledge that the subsidy that this government provides to private health insurance corporations would be better spent and would better achieve health outcomes if we invested that money into the public healthcare system.”Read the full speech in Hansard ↗
2 speakers · 2 support
“I support this legislation. I foreshadow that I will be moving a second reading amendment, which I commend to the Senate. I really believe that it would add a layer of scrutiny without slowing up or affecting what is proposed at all.”Read the full speech in Hansard ↗
“Private Healthcare Australia is of the view that until the legislation is amended to include penalties for false and misleading statements in relation to the list, health funds and their members will continue to pay millions of dollars more in benefits each year than they should. I am therefore pleased to hear that the government is currently exploring future work on a more robust compliance framework, and I encourage the government to move as quickly possible on this to further reduce health insurance premiums and lower the cost of living for millions of Australians. I commend this bill to the House, and I support it.”Read the full speech in Hansard ↗
Record
House · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
House · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Referred to Federation Chamber
Referred to Federation Chamber
The bill reached this recorded parliamentary step.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
House · Reported from Federation Chamber
Reported from Federation Chamber
The bill reached this recorded parliamentary step.
House · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Senate · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Senate · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Senate · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
Senate · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Senate · Committee of the Whole debate
Committee of the Whole debate
The bill reached this recorded parliamentary step.
Senate · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Parliament · Finally passed both Houses
Passed both houses
Both houses passed the bill in the same form, completing parliamentary passage.
Assent · Assent
Assent
The Governor-General gave Royal AssentThe final step that turns a passed bill into an Act of Parliament., turning the bill into an Act.
