Australian Organ and Tissue Donation and Transplantation Authority Amendment (New Governance Arrangements) Bill 2016 (Cth)

Friday 11 November 2016 @ 12.00 p.m. | Legal Research

The Australian Government has introduced the Australian Organ and Tissue Donation and Transplantation Authority Amendment (New Governance Arrangements) Bill 2016 into Parliament. The Bill will amend the Australian Organ and Tissue Donation and Transplantation Authority Act 2008 to establish the Australian Organ and Tissue Donation and Transplantation Authority Board and abolish the current AOTDTA Advisory Council.

Background

Concerns about the slowing of organ donation rates in Australia prompted the Government to begin a review of the National Reform Program on Organ and Tissue Donation and Transplantation conducted by Ernst and Young. The review recognised that the national reform agenda that commenced in 2009 has been broadly effective. The review nevertheless made 24 recommendations for improvement in areas of governance, transparency and accountability. The recommendations included changes to the governance arrangements for AOTDTA in order to better improve strategic oversight of the DonateLife Network. The review also recommended performance monitoring, succession planning, and mentoring programs be implemented for the CEO of the Network.

The Bill

The creation of the AOTDTA Board under the Bill will allow the Board to take on the functions currently vested in the CEO including “assuming the role as the accountable authority under the Public Governance, Performance and Accountability Act 2013.” According to the Minister for Health, Ken Wyatt:

“Establishing the board as the decision-making body and accountable authority under the PGPA Act will ensure that the perspectives of the organ and tissue donation and transplantation sector are taken into account in succession planning, in overseeing the work of DonateLife Network and in setting the key policy and strategic directions for the Organ and Tissue Authority.”

The role of the CEO, was the Act is enacted, will be limited to the day-to-day administration of the AOTDTA. The Board may nevertheless delegate its functions to the CEO to ensure that things continue to run efficiently and effectively. 

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Sources:

Australian Organ and Tissue Donation and Transplantation Authority Amendment (New Governance Arrangements) Bill 2016, Bill, Explanatory Memorandum and Second Reading Speech as published on LawOne

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