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This is a Bill, not an Act. For current law, see the Acts databases.
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Health
Legislation Amendment (Health Care Agreements) Bill
1998
No. ,
1998
(Health and Family
Services)
A Bill for an Act to amend the
Health Insurance Act 1973 and the National Health Act 1953, and
for related purposes
9801720—822/10.3.1998—(17/98) Cat. No.
97 2740 X ISBN 0644 517542
Contents
A Bill for an Act to amend the Health Insurance Act
1973 and the National Health Act 1953, and for
related purposes
The Parliament of Australia enacts:
This Act may be cited as the Health Legislation Amendment (Health Care
Agreements) Act 1998.
(1) Subject to subsections (2) and (3), this Act commences on the day on
which it receives the Royal Assent.
(2) Subject to subsection (3), items 2 and 13 of Schedule 1 are to
commence on a day to be fixed by Proclamation.
(3) If items 2 and 13 of Schedule 1 do not commence under subsection (2)
within 12 months after the day on which this Act receives the Royal Assent, they
are taken to have been repealed on the first day after the end of that
period.
Subject to section 2, each Act that is specified in a Schedule to this
Act is amended or repealed as set out in the applicable items in the Schedule
concerned, and any other item in a Schedule to this Act has effect according to
its terms.
1 Subsection 3(1) (definition of
hospital)
Omit “recognized”, substitute “public”.
2 Subsection 3(1)
Insert:
Information Commissioner means the Health Care Information
Commissioner established under Part IIIA.
3 Subsection 3(1) (definition of patient
contribution)
Omit “recognized” (wherever occurring), substitute
“public”.
4 Subsection 3(1) (definition of private
hospital)
Repeal the definition.
5 Subsection 3(1)
Insert:
public hospital means:
(a) a hospital (other than a private hospital or day hospital facility)
whose hospital services to public patients are wholly or partly funded by a
State; and
(b) any other hospital declared by the Minister, by writing signed by him
or her, to be a public hospital for the purposes of this definition.
6 Subsection 3(1) (definition of recognized
hospital)
Repeal the definition.
7 Transitional provision
Any reference to a recognized hospital or to a recognised hospital in
regulations made for the purposes of the Health Insurance Act 1973, as
those regulations were in force immediately before the day on which this Act
receives the Royal Assent, is to be taken, on and after that day, to be a
reference to a public hospital as defined for the purposes of that
first-mentioned Act.
8 Subsection 3(15)
Omit “recognized”, substitute “public”.
9 Subsection 3(15)
After “includes”, insert “the Australian Capital
Territory and”.
10 Subparagraph
16A(5AA)(d)(iii)
Omit “recognised”, substitute “public”.
11 Paragraph 17(1)(a)
Omit “recognized”, substitute “public”.
12 Part III
Repeal the Part, substitute:
The purpose of this Part is to provide for:
(a) the Commonwealth to enter into agreements with States concerning the
provision, during the 5 years starting on 1 July 1998, of designated health
services and related matters; and
(b) the payment of financial assistance to the States in respect of those
designated health services and related matters under Division 2; and
(c) the payment of financial assistance to the States or to other persons
in respect of health service delivery initiatives that are approved by the
Minister under Division 3 during the period referred to in paragraph
(a).
In this Part:
agreement means an agreement made under section 26 and
includes such an agreement as varied under section 31.
designated health service means:
(a) a health service:
(i) that is provided by a hospital to a patient on an admitted patient
basis, whether or not the service, or any part of the service, is actually
provided at the hospital; or
(ii) that is not so provided but that is of a kind that was historically
so provided; or
(b) a health service (of a kind specified in an agreement as a core
service):
(i) that is provided by a hospital to a patient on a non-admitted basis,
whether or not the service, or any part of the service, is actually provided at
the hospital; or
(ii) that is not so provided but is of a kind that was historically so
provided; or
(c) an emergency service (of a kind specified in an agreement as a core
emergency service) that is provided by a hospital.
financial assistance means financial assistance payable under
an agreement.
Health Care Agreement Principles means principles set out in
subsection 29(2).
health service delivery initiative means a project or program
approved by the Minister as a health service delivery initiative under Division
3.
State includes the Australian Capital Territory and the
Northern Territory.
The Commonwealth may enter into an agreement with a State
concerning:
(a) the provision by the State, during the 5 years starting on 1 July
1998, of designated health services and related matters; and
(b) the provision by the Commonwealth of financial assistance in respect
of those services and matters under this Division; and
(c) the provision by the Commonwealth of financial assistance in respect
of health service delivery initiatives approved, during the period referred to
in paragraph (a), under Division 3 on conditions specified in the agreement or
specified by the Minister under section 35; and
(d) if the Health Care Information Commissioner is established under Part
IIIA—the means for determining the respective contributions of the
Commonwealth and of the States towards the operating expenses of the
Commissioner and the time and manner of payment of those
contributions.
Note: The provision of financial assistance referred to in
paragraph (c) may involve a requirement for entry into a subsidiary agreement
dealing with a particular project or program.
(1) Each agreement must set out:
(a) the method of working out the financial assistance referred to in
paragraph 26(b) that is payable to a State in respect of a financial year;
and
(b) the manner in which, and times at which, such financial assistance
will be paid.
(2) All financial assistance to a State under this Division is provided on
the terms and conditions set out in sections 28, 29 and 30.
(3) Each agreement must provide that the Commonwealth may vary or suspend
or terminate the financial assistance that would otherwise be payable to a State
under this Division:
(a) if a State fails to comply with conditions specified in the agreement
or in this Part; or
(b) in accordance with any further agreement between the Commonwealth and
the State providing for such a variation.
Financial assistance is not payable to a State under this Part unless an
agreement has been entered into.
(1) Financial assistance is not payable to a State under this Part unless
the agreement with the State provides for adherence to the Health Care Agreement
Principles.
(2) The Health Care Agreement Principles are as follows:
Principle 1
Eligible persons are to be given the choice to receive designated health
services free of charge as public patients.
Principle 2
Access to designated health services by public patients is to be on the
basis of clinical need and within a clinically appropriate period.
Principle 3
Arrangements are to be in place to ensure equitable access to designated
health services for all eligible persons, regardless of their geographic
location.
(1) In this section:
Public Patients’ Charter means a document for the
dissemination of information about:
(a) the provision of designated health services; and
(b) the means by which complaints made by eligible persons to a nominated
body about the provision of such services can be dealt with.
(2) Each agreement must specify:
(a) minimum standards in relation to matters to be dealt with by a Public
Patients’ Charter in the State concerned, including matters related to the
structure and operation of the body nominated by the Charter to deal with
complaints; and
(b) a date by which the State must have in place a Charter that complies
with those minimum standards; and
(c) minimum standards for ensuring public access to the Charter.
(3) Financial assistance is not payable to a State unless:
(a) the State has, by the specified date referred to in paragraph (2)(b),
in place a Public Patients’ Charter that complies with the minimum
standards referred to in paragraph (2)(a); and
(b) the State complies with the minimum standards referred to in paragraph
(2)(c) in ensuring public access to the Charter.
(1) An agreement may be varied by agreement, in writing:
(a) by the parties to it; or
(b) on behalf of the parties to it by the Commonwealth and State Ministers
for Health.
(2) A variation must comply with the conditions in this Part.
(3) In this section:
Commonwealth Minister for Health means the Minister for
Health and Family Services or any other Commonwealth Minister who administers
matters to which this Part and the Agreement relate and includes any other
Commonwealth Minister who may be acting for or on behalf of either of those
Ministers.
State Minister for Health means the State Minister for Health
or any other State Minister who administers, for the State, matters to which
this Part and the Agreement relate and includes any other State Minister who may
be acting for or on behalf of either of those State Ministers.
An agreement must be tabled in each House of the Parliament within 15
sitting days of that House after:
(a) 1 July 1998; or
(b) the day on which it is made;
whichever last occurs.
Financial assistance may be provided under this Division for the purpose
of funding projects and programs that are designed:
(a) to improve the efficiency and effectiveness of, or reduce the demand
for, the delivery of designated health services; or
(b) to improve patient outcomes in relation to delivery of such
services.
(1) Financial assistance under this Division is to be in the form of
payment of amounts by the Commonwealth to a State or States or to other
parties.
(2) The Minister may authorise payment of specified amounts for the
purpose of funding specified projects or programs approved by the Minister under
this section as health service delivery initiatives.
(3) The Minister may only approve a project or program if the Minister is
satisfied that:
(a) the project or program is likely to improve the efficiency or
effectiveness of the delivery of, or reduce the demand for, designated health
services, or to improve patient outcomes in relation to the delivery of such
services; and
(b) the approval of the project or program is consistent with the
guidelines under section 36.
(1) If financial assistance under this Division is provided to a State,
that financial assistance is provided on the conditions that the State comply
with:
(a) the terms and conditions applicable to financial assistance provided
under Division 2; and
(b) any additional terms and conditions that the Minister determines, in
writing, to be appropriate to the particular financial assistance
concerned.
(2) The Minister may vary the amount of financial assistance that would
otherwise be payable under this Division to a person or body if the Minister is
satisfied that the person or body has failed to comply with a condition under
which financial assistance of that kind was so paid.
(1) The Minister may, by written guidelines, specify criteria for
approving projects or programs under this Division.
(2) Guidelines made under this provision are disallowable instruments for
the purposes of section 46A of the Acts Interpretation Act
1901.
An amount of financial assistance referred to in paragraph 26(b) or (c),
or an amount of an advance in respect of such financial assistance, is payable
out of the Consolidated Revenue Fund, which is appropriated
accordingly.
(1) The Minister may make advances in respect of amounts that may become
payable under this Part as the Minister thinks fit.
(2) Advances under subsection (1) may be made subject to such conditions
as the Minister determines.
13 Before Part IV
Insert:
In this Part:
State has the same meaning as in Part III.
There is established by this Act a Health Care Information
Commissioner.
(1) The Information Commissioner is to:
(a) collect and analyse patient level data supplied by the Commonwealth
and the States; and
(b) provide reports to the Commonwealth and the States on health service
provision; and
(c) disseminate other information to the Commonwealth, a State or any
other person if the Information Commissioner considers that it is in the public
interest to do so; and
(d) do other things as prescribed in the Agreement entered into between
the Commonwealth and the States under Part III; and
(e) do anything incidental or conducive to the performance of any of the
above functions.
(2) The Information Commissioner must ensure that any report referred to
in paragraph (1)(b) and any other information referred to in paragraph (1)(c) do
not permit the identification of individual patients.
(1) The Information Commissioner has power to do all things necessary or
convenient to be done for or in connection with the performance of his or her
functions.
(2) The powers of the Information Commissioner under this section include,
but are not limited to, the power to enter into contracts and
agreements.
(1) For the purposes of subsection 130(3A) of this Act:
(a) the Information Commissioner is a prescribed authority; and
(b) information is to be treated as information that may, in accordance
with the regulations made under this Act, be provided to the Information
Commissioner, if it is information relating to medicare benefits.
(2) For the purposes of paragraph 135A(3)(b) of the National Health Act
1953:
(a) the Information Commissioner is a prescribed authority; and
(b) information is to be treated as information that may, in accordance
with the regulations made under this Act, be provided to the Information
Commissioner, if it is information relating to pharmaceutical
benefits.
The Information Commissioner must have regard to resolutions of the
Health Ministers’ Conference when performing functions and exercising
powers under this Division.
The Information Commissioner’s reports may be used for purposes
specified in, and in accordance with, an agreement entered into between the
Commonwealth and a State under Part III.
(1) The Minister may issue guidelines concerning the use and secrecy of
any personal information collected by the Information Commissioner in the course
of performing the Commissioner’s functions or executing the
Commissioner’s powers.
(2) The guidelines are disallowable instruments for the purposes of
section 46A of the Acts Interpretation Act 1901.
(1) The Minister may give written directions to the Information
Commissioner in relation to the performance of the Commissioner’s
functions or the exercise of the Commissioner’s powers.
(2) The Information Commissioner must comply with the
directions.
(1) The Information Commissioner is to be appointed by the Minister after
consultation with State Ministers for Health.
(2) The Information Commissioner is to be appointed for a period ending no
later than 31 December 2003.
(3) The Information Commissioner is to be appointed on a full-time basis
or a part-time basis.
(1) The Minister may appoint a person to act as the Information
Commissioner:
(a) during a vacancy in the office of the Information Commissioner
(whether or not an appointment has previously been made to the office);
or
(b) during any period, or during all periods, when the Information
Commissioner is absent from duty or from Australia or is, for any other reason,
unable to perform the duties of the office.
(2) Anything done by or in relation to a person purporting to act under an
appointment under this provision is not invalid merely because:
(a) the occasion for the appointment had not arisen; or
(b) there was a defect or irregularity in, or in connection with, the
appointment; or
(c) the appointment had ceased to have effect; or
(d) the occasion for the person to act had not arisen or had
ceased.
(1) The Information Commissioner is to be paid such remuneration as is
determined by the Remuneration Tribunal.
(2) The Information Commissioner is to be paid such allowances as are
prescribed.
(3) This provision has effect subject to the Remuneration Tribunal Act
1973.
If the Information Commissioner has a material personal interest in a
matter that the Commissioner is considering or is about to consider, the
Commissioner must give written notice of the interest to the Minister.
(1) A person who holds the office of Information Commissioner on a
full-time basis must not engage in any paid employment outside the duties of
that office without the Minister’s written approval.
(2) A person who holds the office of Information Commissioner on a
part-time basis must not engage in any paid employment that, in the
Minister’s opinion, conflicts with the proper performance of the functions
of the Commissioner.
(1) If a person holds the office of Information Commissioner on a
full-time basis, he or she has such recreation leave entitlements as are
determined by the Remuneration Tribunal.
(2) The Minister may grant the Information Commissioner such leave (other
than recreation leave in the case of a Commissioner holding office on a
full-time basis) on such terms and conditions as the Minister determines in
writing.
The Information Commissioner may resign by writing signed and delivered
to the Minister.
(1) The Minister may terminate the appointment of the Information
Commissioner for misbehaviour or physical or mental incapacity.
(2) The Minister must terminate the Information Commissioner’s
appointment if he or she:
(a) becomes bankrupt, applies to take the benefit of any law for the
relief of bankrupt or insolvent debtors, compounds with creditors or makes an
assignment of remuneration for their benefit; or
(b) is appointed on a full-time basis and is absent from duty, except on
leave of absence, for 14 consecutive days or for 28 days in any 12 months;
or
(c) is appointed on a full-time basis and engages, except with the
Minister’s approval, in paid employment outside the duties of his or her
office; or
(d) is appointed on a part-time basis and engages in paid employment that,
in the Minister’s opinion, conflicts with the proper performance of his or
her duties as Commissioner.
An agreement entered into between the Commonwealth and a State under Part
III may make provision for the State to make a payment to the Information
Commissioner towards the operating expenses of the Commissioner on a basis set
out in the agreement.
(1) The staff required for the purposes of this Act are:
(a) persons appointed or employed under the Public Service Act 1922
for the purpose of assisting the Information Commissioner in the performance of
functions under this Act; and
(b) persons whose services are made available in accordance with
arrangements made under subsection (4); and
(c) persons engaged under subsection (6).
(2) The Information Commissioner has all the powers of, or exercisable by,
a Secretary under the Public Service Act 1922 so far as those powers
relate to the branch of the Australian Public Service comprising the staff
referred to in paragraph (1)(a) as if that branch were a separate Department of
the Australian Public Service.
(3) For the purposes of section 26 of the Public Service Act 1922,
the Information Commissioner is taken to be a Secretary.
(4) The Information Commissioner may arrange with the head of a Department
or of an authority of the Commonwealth or of a State, for the services of a
person who is currently employed in that Department or authority to assist the
Commissioner in the performance or functions under this Act.
(5) If the services of a person are made available in accordance with an
arrangement under subsection (4), the person must perform such duties as are
assigned by the Information Commissioner and is, in the performance of those
duties, subject to the directions of the Commissioner.
(6) The Information Commissioner may engage persons to perform services
for the Commissioner otherwise than as persons referred to in paragraph (1)(a)
or (b).
(7) The terms and conditions of engagement of persons under subsection (6)
are as determined by the Information Commissioner.
The Information Commissioner may delegate all or any of his or her powers
and functions to any member of the staff of the Commissioner.
Civil proceedings do not lie against the Information Commissioner or any
member of the staff of the Commissioner in respect of loss, damage or injury of
any kind suffered by another person as a result of any act done or omitted to be
done in good faith in the performance of the functions or the exercise of the
powers of the Commissioner.
14 Paragraph 130(5A)(c)
Omit “recognised”, substitute “public”.
15 Schedule 2A
Repeal the Schedule.
1 Section 4
Insert:
private hospital means:
(a) premises that were, immediately before 1 October 1986, a private
hospital (within the meaning of the Health Insurance Act 1973 as in force
at that time), other than premises in respect of which a declaration under
subsection 5C(2), or a declaration referred to in paragraph 5C(8)(b), is in
force; and
(b) premises in respect of which a declaration under subsection 5C(1), or
a declaration referred to in paragraph 5C(8)(a), is in force.
2 At the end of section 5B
Add:
(7) In subsection (3), a reference to the law of the State in which
premises are located includes, in relation to premises located in the Australian
Capital Territory or the Northern Territory, a reference to the law of that
Territory.
3 After section 5B
Insert:
(1) Subject to subsection (5), the Minister may, in writing, declare
specified premises to be a private hospital for the purposes of this Act and the
Health Insurance Act 1973.
(2) The Minister may, in writing, declare specified premises that were,
immediately before 1 October 1986, a private hospital within the meaning of
section 3 of the Health Insurance Act 1973 as in force at that time, not
to be a private hospital for the purposes of that Act and this Act.
(3) A declaration under subsection (1) may be expressed to take effect
from a day earlier than the day on which the declaration is made (other than a
day earlier than the day on which the premises specified in the declaration were
licensed, under the law of the State or territory in which they are located, to
operate as a private hospital).
(4) For the purposes of this Act and the Health Insurance Act 1973,
a declared private hospital must provide data specified in the Hospital Casemix
Protocol:
(a) in a patient identifiable state, to a registered private health
insurance organisation which has an applicable benefits arrangement with the
patient; and
(b) in a patient de-identified state to a data bureau established by the
Commonwealth for the purpose of receiving and disseminating such data.
(5) A decision whether to make a declaration under this section must be in
accordance with any guidelines in force under subsection (6).
(6) The Minister may, by written instrument, make guidelines relating to
the making of such decisions.
(7) The guidelines are disallowable instruments for the purposes of
section 46A of the Acts Interpretation Act 1901.
(8) For the purposes of this Act and the Health Insurance Act
1973:
(a) a declaration under subsection 23EA(1) of the Health Insurance Act
1973 and in force immediately before the commencement of this section has
effect after that commencement as if it were made under subsection (1) of this
section; and
(b) a declaration under subsection 23EA(2) of the Health Insurance Act
1973 and in force immediately before the commencement of this section has
effect after that commencement as if it were made under subsection (2) of this
section; and
(c) any guidelines under subsection 23EA(5) of the Health Insurance Act
1973 and in force immediately before the commencement of this section have
effect after that commencement as if they were guidelines made under subsection
(6) of this section.
(9) In subsection (3), a reference to the law of the State in which
premises are located includes, in relation to premises located in the Australian
Capital Territory or the Northern Territory, a reference to the law of that
Territory.
4 Subsection 84(1) (definition of public
hospital)
Repeal the definition.
5 Transitional provision
Any reference to a recognized hospital or to a recognised hospital in
regulations made for the purposes of the National Health Act 1953, as
those regulations were in force immediately before the day on which this Act
receives the Royal Assent, is to be taken, on and after that day, to be a
reference to a public hospital as defined for the purposes of the Health
Insurance Act 1973.
6 Subsection 84(1) (definition of public
hospital authority)
Repeal the definition, substitute:
public hospital authority, in relation to a public hospital,
means the governing body of the hospital.
7 After section 105AA
Insert:
Application may be made to the Administrative Appeals Tribunal for review
of:
(a) a decision by the Minister refusing to make a declaration under
subsection 5C(1); or
(b) a decision by the Minister revoking a declaration made under
subsection 5C(1); or
(c) a decision by the Minister making a declaration under subsection
5C(2); or
(d) a decision by the Minister revoking a declaration referred to in
paragraph 5C(8)(a).