NATIONAL HEALTH REFORM ACT 2011
Table of Provisions
CHAPTER 1--Preliminary
- 1 Short title
- 2 Commencement
- 3 Object
- 4 Simplified outline
- 5 Definitions
- 6 Vacancies
- 7 Crown to be bound
CHAPTER 2--Australian Commission on Safety and Quality in Health Care
PART 2.1----INTRODUCTION
- 7A Simplified outline
PART 2.2----COMMISSION'S ESTABLISHMENT, FUNCTIONS AND POWERS
- 8 Establishment of the Commission
- 9 Functions of the Commission
- 10 Additional provisions about standards, guidelines and indicators
- 11 Additional provisions about model national accreditation schemes
- 12 Constitutional limits
- 13 Powers of the Commission
- 14 Charging of fees
- 15 Commission has privileges and immunities of the Crown
- 16 Ministerial directions
PART 2.3----THE COMMISSION BOARD
Division 1--Establishment and role of the Commission Board
Division 2--Members of the Commission Board
- 19 Membership
- 20 Appointment of Commission Board members
- 21 Period of appointment for Commission Board members
- 22 Acting Commission Board members
- 23 Remuneration
- 24 Leave of absence
- 25 Resignation
- 26 Termination of appointment
- 27 Other terms and conditions
Division 3--Procedures of the Commission Board
- 28 Convening of meetings
- 29 Presiding at meetings
- 30 Quorum
- 31 Voting at meetings
- 32 Decisions without meetings
- 33 Conduct of meetings
- 34 Minutes
Division 4--Delegation by the Commission Board
- 35 Delegation by the Commission Board
PART 2.4----CHIEF EXECUTIVE OFFICER, STAFF AND CONSULTANTS
Division 1--Chief Executive Officer of the Commission
- 36 Establishment
- 37 Role
- 38 Appointment
- 39 Acting appointments
- 40 Outside employment
- 41 Remuneration
- 42 Leave
- 43 Disclosure of interests
- 44 Resignation
- 45 Termination of appointment
- 46 Other terms and conditions
Division 2--Staff and consultants
PART 2.5----COMMITTEES
PART 2.6----REPORTING AND PLANNING OBLIGATIONS OF THE COMMISSION
- 52 Publishing reports and documents about performance of Commission's function
- 53 Annual report
- 54 Work plan
- 54AA Corporate plan
PART 2.7----SECRECY
- 54A Secrecy
- 54B Disclosure or use for the purposes of this Act
- 54C Disclosure to committee
- 54D Disclosure to the Minister
- 54E Disclosure to the Treasurer
- 54F Disclosure to the Secretary etc.
- 54G Disclosure to a Royal Commission
- 54H Disclosure to certain agencies, bodies or persons
- 54J Disclosure to researchers
- 54K Disclosure with consent
- 54L Disclosure of publicly available information
- 54M Delegation
PART 2.8----OTHER MATTERS
- 55 Commission CEO not subject to direction by the Commission Board on certain matters
- 56 Taxation
- 57 Compliance with standards and guidelines
CHAPTER 4--Independent Health and Aged Care Pricing Authority
PART 4.1----INTRODUCTION
- 128 Simplified outline
PART 4.2----PRICING AUTHORITY'S ESTABLISHMENT, FUNCTIONS, POWERS AND LIABILITIES
- 129 Independent Health and Aged Care Pricing Authority
- 130 Object of the Pricing Authority
- 131 Functions of the Pricing Authority--public hospitals and health care pricing and costing
- 131A Functions of the Pricing Authority--aged care
- 132 Intergovernmental agreements
- 133 Policy principles--COAG
- 134 Constitutional limits
- 135 Powers of the Pricing Authority
- 137 Pricing Authority has privileges and immunities of the Crown
PART 4.3----COST-SHIFTING DISPUTES AND CROSS-BORDER DISPUTES
- 138 Cost - shifting disputes and cross - border disputes
- 139 Assessment by Pricing Authority of cost - shifting disputes
- 140 Recommendations by Pricing Authority on cross - border disputes
- 141 Advice to Commonwealth to adjust funding
PART 4.4----CONSTITUTION AND MEMBERSHIP OF THE PRICING AUTHORITY
- 142 Constitution of the Pricing Authority
- 143 Membership of the Pricing Authority
- 144 Appointment of members of the Pricing Authority
- 145 Period of appointment for members of the Pricing Authority
- 146 Acting members of the Pricing Authority
PART 4.5----TERMS AND CONDITIONS FOR MEMBERS OF THE PRICING AUTHORITY
- 147 Remuneration
- 148 Disclosure of interests
- 150 Leave of absence
- 151 Resignation
- 152 Termination of appointment
- 153 Other terms and conditions
PART 4.6----DECISION-MAKING BY THE PRICING AUTHORITY
- 154 Holding of meetings
- 155 Presiding at meetings
- 156 Quorum
- 157 Voting at meetings etc.
- 158 Decisions without meetings
- 159 Conduct of meetings
- 160 Minutes
PART 4.7----DELEGATION BY THE PRICING AUTHORITY
- 161 Delegation by the Pricing Authority
PART 4.8----CHIEF EXECUTIVE OFFICER OF THE PRICING AUTHORITY
- 162 Establishment
- 163 Role
- 164 Appointment
- 165 Acting appointments
- 166 Outside employment
- 167 Remuneration
- 168 Leave
- 169 Disclosure of interests
- 170 Resignation
- 171 Termination of appointment
- 172 Other terms and conditions
PART 4.9----STAFF AND CONSULTANTS
PART 4.10----CLINICAL ADVISORY COMMITTEE
Division 1--Establishment and functions of the Clinical Advisory Committee
- 176 Establishment of the Clinical Advisory Committee
- 177 Functions of the Clinical Advisory Committee
Division 2--Membership of the Clinical Advisory Committee
- 178 Membership of the Clinical Advisory Committee
- 179 Appointment of Clinical Advisory Committee members
- 180 Period of appointment for Clinical Advisory Committee members
- 181 Acting Clinical Advisory Committee members
- 182 Procedures
- 183 Disclosure of interests to the Minister and the Pricing Authority
- 184 Disclosure of interests to Clinical Advisory Committee
- 185 Outside employment
- 186 Remuneration and allowances
- 187 Leave of absence
- 188 Resignation
- 189 Termination of appointment
- 190 Other terms and conditions
Division 3--Subcommittees
Division 4--Annual report
- 193 Annual report
Division 5--Pricing Authority may assist the Clinical Advisory Committee and its subcommittees
- 194 Pricing Authority may assist the Clinical Advisory Committee and its subcommittees
PART 4.11----JURISDICTIONAL ADVISORY COMMITTEE
- 195 Establishment of the Jurisdictional Advisory Committee
- 196 Functions of the Jurisdictional Advisory Committee
- 197 Membership of the Jurisdictional Advisory Committee
- 198 Appointment of Jurisdictional Advisory Committee members
- 199 Substitute members
- 200 Termination of appointment
- 201 Application of the Remuneration Tribunal Act
- 202 Procedures
- 203 Disclosure of interests to Jurisdictional Advisory Committee
- 204 Pricing Authority may assist the Jurisdictional Advisory Committee
PART 4.11A----AGED CARE ADVISORY COMMITTEE
Division 1--Establishment and functions of the Aged Care Advisory Committee
- 204A Establishment of the Aged Care Advisory Committee
- 204B Functions of the Aged Care Advisory Committee
Division 2--Membership of the Aged Care Advisory Committee
- 204C Membership of the Aged Care Advisory Committee
- 204D Appointment of members of the Aged Care Advisory Committee
- 204E Acting appointments
- 204F Remuneration
- 204G Disclosure of interests to the Minister and Pricing Authority
- 204H Disclosure of interests to the Aged Care Advisory Committee
- 204J Leave of absence
- 204K Resignation
- 204L Termination of appointment
- 204M Other terms and conditions
Division 3--Decision-making by the Aged Care Advisory Committee
- 204N Holding of meetings
- 204P Presiding at meetings
- 204Q Quorum
- 204R Voting at meetings etc.
- 204S Decisions without meetings
- 204T Conduct of meetings
- 204U Minutes
Division 4--Subcommittees
Division 5--Annual report
- 204X Annual report
Division 6--Pricing Authority may assist the Aged Care Advisory Committee and its subcommittees
- 204Y Pricing Authority may assist the Aged Care Advisory Committee and its subcommittees
PART 4.12----OTHER COMMITTEES
PART 4.13----REPORTING AND PLANNING
Division 1--Requirements for functions in relation to hospitals
- 208 Minister or State/Territory Health Minister may require the Pricing Authority to prepare reports or give information
- 209 Keeping the Standing Council on Health informed
- 210 Reporting to Parliament
- 211 Minister and State/Territory Health Ministers comment before public reports
Division 2--Requirements for functions in relation to health care pricing and costing
- 211A Minister may require the Pricing Authority to prepare reports in relation to health care pricing and costing functions
- 211B Reporting to Parliament
Division 3--Requirements for functions in relation to aged care
- 211C Relevant Commonwealth Minister may require the Pricing Authority to prepare reports in relation to aged care functions
- 211D Reporting to Parliament
Division 4--Other matters
- 212 Corporate plan
PART 4.13A----FINANCE
- 212A Money payable to the Pricing Authority
- 212B Application of money by the Pricing Authority
- 212C Taxation
PART 4.14----SECRECY
- 213 Secrecy
- 214 Disclosure or use for the purposes of this Act
- 215 Disclosure to committees--general
- 215A Disclosure to committees--aged care information
- 216 Disclosure to the Minister
- 216A Disclosure to Aged Care Minister
- 217 Disclosure to a State/Territory Health Minister
- 218 Disclosure to the Secretary etc.
- 219 Disclosure to a Royal Commission
- 220 Disclosure to certain agencies, bodies or persons--general
- 220A Disclosure to relevant bodies or persons--health care pricing and costing information and aged care information
- 221 Disclosure to researchers
- 222 Disclosure with consent
- 223 Disclosure of publicly available information
- 224 Delegation
PART 4.15----OTHER MATTERS
- 225 Consultation on the Pricing Authority's work program
- 226 Minister may give directions to the Pricing Authority--functions in relation to hospitals
- 226A Minister may give directions to the Pricing Authority--other functions
- 227 Pricing Authority CEO not subject to direction by the Pricing Authority on certain matters
CHAPTER 5--Administrator of the Funding Pool
PART 5.1----INTRODUCTION
PART 5.2----ADMINISTRATOR OF THE NATIONAL HEALTH FUNDING POOL
Division 1--Establishment and functions
- 231 The office of Administrator
- 232 Appointment of Administrator
- 233 Remuneration
- 234 Suspension of Administrator
- 235 Removal or resignation of Administrator
- 236 Acting Administrator
- 237 Provision of staff and facilities for Administrator
- 238 Functions of Administrator
Division 2--Financial management and reporting
- 239 Financial management obligations of Administrator
- 240 Monthly reports by Administrator
- 241 Annual report by Administrator
- 242 Administrator to prepare financial statements for State Pool Accounts
- 243 Audit of financial statements
- 244 Performance audits
- 245 Provision of information generally
- 246 Format and content of reports and statements
Division 3--Provisions relating to the functions of the Administrator
- 247 Constitutional limits
- 248 State laws may confer functions and powers
- 249 How duty is imposed by State laws
- 250 When State laws impose a duty on Funding Body or officer
PART 5.3----NATIONAL HEALTH FUNDING BODY
Division 1--Establishment
Division 2--Chief Executive Officer of the Funding Body
- 253 Establishment
- 254 Role
- 255 Appointment
- 256 Acting appointments
- 257 Outside employment
- 258 Remuneration and allowances
- 259 Leave of absence
- 260 Disclosure of interests
- 261 Resignation
- 262 Termination of appointment
- 263 Other terms and conditions
Division 3--Staff, consultants etc.
Division 4--Reporting and planning
PART 5.4----SECRECY
Division 1--The Administrator
- 268 Secrecy
Division 2--Funding Body officials
- 269 Secrecy
- 270 Disclosure or use for the purposes of this Act
- 271 Disclosure to the Minister
- 272 Disclosure to a State/Territory Health Minister
- 273 Disclosure to the Secretary etc.
- 274 Disclosure to a Royal Commission
- 275 Disclosure to certain agencies, bodies or persons
- 276 Disclosure to researchers
- 277 Disclosure with consent
- 278 Disclosure of publicly available information