{"id":"a-2013-2","name":"Health (National Health Funding Pool and Administration) Act 2013","slug":"health-national-health-funding-pool-and-administration-act-2013","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"2 of 2013","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23668,"registerId":"act-a-2013-2-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Health (National Health Funding Pool and Administration) Act 2013","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nHealth (National Health Funding Pool\nand Administration) Act 2013\nA2013-2\nRepublication No 6\nEffective: 27 February 2025\nRepublication date: 27 February 2025\nLast amendment made by A2025-1\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Health (National Health Funding Pool and Administration) Act\n2013 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial\nchanges)) as in force on 27 February 2025. It also includes any commencement, amendment,\nrepeal or expiry affecting this republished law to 27 February 2025.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR6\n27/02/25\nHealth (National Health Funding Pool and\nAdministration) Act 2013\nEffective: 27/02/25\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nHealth (National Health Funding Pool\nand Administration) Act 2013\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 2\n3 Dictionary 2\n4 Constitution of Ministerial Council etc 2\n5 Interpretation 3\n6 Notes 3\nPart 2 Administrator of the national health funding\npool\n7 The office of administrator 4\n8 Appointment of administrator 4\n9 Suspension of administrator 5\n\nContents\nPage\ncontents 2 Health (National Health Funding Pool and\nAdministration) Act 2013\nEffective: 27/02/25\nR6\n27/02/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n10 Removal or resignation of administrator 6\n11 Acting administrator 7\n12 Provision of staff and facilities for administrator 7\n13 Functions of administrator 7\nPart 3 National health funding pool\nDivision 3.1 State pool account\n14 Establishment of ACT local hospital network directorate 10\n15 Establishment of state pool account with Reserve Bank 10\n16 Payments into state pool account 11\n17 Payments from state pool account 12\n18 Payment from state pool account if no administrator 13\n19 Distribution of Commonwealth funding 13\nDivision 3.2 State managed fund\n20 Establishment of state managed fund 14\n21 Payments into state managed fund 14\n22 Payments from state managed fund 15\nPart 4 Financial management and reporting\n23 Financial management obligations of administrator 17\n24 Monthly reports by administrator 17\n25 Annual report by administrator 18\n26 Administrator to prepare financial statements for state pool accounts 19\n27 Audit of financial statements 20\n28 Performance audits 20\n29 States to provide administrator with information about State managed\nfunds 20\n30 Provision of information generally 21\nPart 5 Miscellaneous\n31 Exclusion of ACT Acts 22\n32 Application of Commonwealth Acts 22\n33 Extraterritorial operation of Act 23\n34 Act binds the ACT 23\n\nContents\nPage\nR6\n27/02/25\nHealth (National Health Funding Pool and\nAdministration) Act 2013\nEffective: 27/02/25\ncontents 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n35 Delegation of functions of responsible Minister 23\n36 Offences—use or divulge protected information 23\n37 Regulation-making power 25\nPart 10 Transitional—COAG Legislation Amendment\nAct 2025\n60 Definitions—pt 10 26\n61 References to COAG and standing council on health 26\n62 Things started but not finished by COAG 26\n63 Things started but not finished by standing council on health 27\n64 Transitional regulations 27\n65 Expiry—pt 10 27\nDictionary 28\nEndnotes\n1 About the endnotes 31\n2 Abbreviation key 31\n3 Legislation history 32\n4 Amendment history 33\n5 Earlier republications 35\n6 Expired transitional or validating provisions 36\n\n\n\nR6\n27/02/25\nHealth (National Health Funding Pool and\nAdministration) Act 2013\nEffective: 27/02/25\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nHealth (National Health Funding Pool\nand Administration) Act 2013\nAn Act to apply a national law relating to the reform of health funding\narrangements and administration, and for other purposes\n\nPart 1 Preliminary\nSection 1\npage 2 Health (National Health Funding Pool and\nAdministration) Act 2013\nEffective: 27/02/25\nR6\n27/02/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of Act\nThis Act is the Health (National Health Funding Pool and\nAdministration) Act 2013.\n3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote The dictionary at the end of this Act defines certain terms used in this\nAct.\n4 Constitution of Ministerial Council etc\n(1) The Ministerial Council, when acting under this Act, is to be\nconstituted only by a single Minister for the Commonwealth and a\nsingle Minister for each of the States, and any reference in this Act to\na member of the council is to be construed as a reference to those\nMinisterial members only.\n(2) If there are 2 or more Ministers for the Commonwealth or for a State\nwho are members of the Ministerial Council, the relevant Minister for\nthis Act is the Minister having primary portfolio responsibility for\nhealth in his or her jurisdiction.\n(3) A reference in this Act to the agreement of, or a request by, a member\nof the Ministerial Council is a reference to an agreement or request in\nwriting.\n\nPreliminary Part 1\nSection 5\nR6\n27/02/25\nHealth (National Health Funding Pool and\nAdministration) Act 2013\nEffective: 27/02/25\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Interpretation\n(1) The Legislation Act 2001 does not apply to this Act (other than part 1\n(Preliminary), section 37 (Regulation-making power) and part 6\n(Transitional)).\n(2) This Act is to be interpreted in accordance with the Health\nPractitioner Regulation National Law (ACT), schedule 7 and, for that\npurpose, schedule 7 applies—\n(a) as if references to ‘this Law’ or a Queensland Act were\nreferences to this Act or an Act of this jurisdiction; and\n(b) with all other necessary modifications.\n6 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nPart 2 Administrator of the national health funding pool\nSection 7\npage 4 Health (National Health Funding Pool and\nAdministration) Act 2013\nEffective: 27/02/25\nR6\n27/02/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Administrator of the national\nhealth funding pool\n7 The office of administrator\n(1) The office of administrator of the national health funding pool is\nestablished.\n(2) It is the intention of the Legislative Assembly that the same individual\nholds the office established under subsection (1) and under the\ncorresponding provision of the law of the Commonwealth and the\nother States.\n(3) The administrator appointed under this Act may exercise and perform\nthe functions of the administrator in relation to—\n(a) one jurisdiction; or\n(b) 2 or more or all jurisdictions collectively.\n(4) A reference in a provision of this Act (other than in section 13 (1)\n(Functions of administrator) or part 3 (National health funding pool))\nto a function of the administrator under this Act includes a reference\nto a function of the administrator under the corresponding provision\nof the law of the Commonwealth and the other States.\n8 Appointment of administrator\n(1) The Minister for this jurisdiction who is a member of the Ministerial\nCouncil is to appoint an individual to the office of the administrator\nof the national health funding pool under this Act.\n(2) Before the appointment is made, the chair of the Ministerial Council\nis to give each member of the council an opportunity to nominate an\nindividual for appointment.\n\nAdministrator of the national health funding pool Part 2\nSection 9\nR6\n27/02/25\nHealth (National Health Funding Pool and\nAdministration) Act 2013\nEffective: 27/02/25\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) An appointment is not to be made unless all the members of the\nMinisterial Council have agreed on the individual who will be\nappointed as administrator, the date that the appointment will take\neffect, the period of appointment and the conditions of appointment.\n(4) The appointment is to be made by instrument in writing.\n(5) The administrator is to be appointed (subject to subsection (3)) for the\nperiod, not exceeding 5 years, and on the conditions stated in his or\nher instrument of appointment, but is eligible for re-appointment.\n(6) The administrator is entitled to the remuneration determined in\naccordance with the law of the Commonwealth.\n9 Suspension of administrator\n(1) The chair of the Ministerial Council is required to suspend the\nadministrator from office if requested to do so by—\n(a) at least 3 members of the council who are Ministers of a State;\nor\n(b) the member of the council who is a Minister of the\nCommonwealth.\n(2) A member of the Ministerial Council is not to request the suspension\nof the administrator unless the member is satisfied that the\nadministrator—\n(a) is, because of any physical or mental incapacity or otherwise,\nunable to perform his or her functions satisfactorily; or\n(b) has failed to comply with his or her obligations or duties as\nadministrator; or\n(c) has been accused or convicted of an offence that carries a\npenalty of imprisonment; or\n(d) has or may become bankrupt.\n\nPart 2 Administrator of the national health funding pool\nSection 10\npage 6 Health (National Health Funding Pool and\nAdministration) Act 2013\nEffective: 27/02/25\nR6\n27/02/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) A suspension is to be effected by an instrument in writing and is to be\nnotified by the chair of the Ministerial Council to all members of the\ncouncil.\n(4) A suspension is terminated after a period of suspension of 60 days\nunless before the end of that period the administrator is removed or\nresigns from office or a majority of the members of the Ministerial\nCouncil—\n(a) terminates the suspension; or\n(b) extends the suspension for a stated further period.\n(5) Despite subsection (1), the chair of the Ministerial Council is not to\nsuspend the administrator from office within the period of 90 days\nafter an earlier period of suspension was terminated unless a majority\nof the members of the council request the chair to do so.\n10 Removal or resignation of administrator\n(1) The Minister for this jurisdiction who is a member of the Ministerial\nCouncil is required to remove the administrator from office if a\nmajority of the members of the council agree to the administrator’s\nremoval from office.\n(2) The administrator is to be removed from office by an instrument in\nwriting that takes effect on the date agreed to by the majority of the\nmembers of the Ministerial Council.\n(3) The administrator may resign as administrator by notice in writing to\nthe chair of the Ministerial Council.\n(4) The resignation of the administrator takes effect on the date notified\nby the chair of the Ministerial Council to all members of the council.\n\nAdministrator of the national health funding pool Part 2\nSection 11\nR6\n27/02/25\nHealth (National Health Funding Pool and\nAdministration) Act 2013\nEffective: 27/02/25\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n11 Acting administrator\n(1) The chair of the Ministerial Council may, from time to time, appoint\nan individual to act as the administrator during any period when the\noffice is vacant or the holder of the office is suspended or absent from\nduty.\n(2) Any acting appointment may only be made from a panel of people,\nand in accordance with the procedure, agreed to by all the members\nof the Ministerial Council.\nNote The Health Practitioner Regulation National Law (ACT), sch 7, cl 27\ncontains additional provisions relating to acting appointments that have\neffect subject to this section.\n12 Provision of staff and facilities for administrator\n(1) Staff and facilities to assist the administrator in exercising or\nperforming his or her functions under this Act are to be provided by\nthe national health funding body constituted under the National\nHealth Reform Act 2011 (Cwlth).\n(2) The administrator is not entitled to delegate a function conferred on\nthe administrator under this Act to that body, to a member of the staff\nor to any other person or body.\n13 Functions of administrator\n(1) The administrator is—\n(a) to calculate and advise the Treasurer of the Commonwealth of\nthe amounts required to be paid by the Commonwealth into each\nstate pool account of the national health funding pool under the\nnational health reform agreement (including advice on any\nreconciliation of those amounts based on subsequent actual\nservice delivery); and\n(b) to monitor State payments into each state pool account for the\npurposes of part 4 (Financial management and reporting); and\n\nPart 2 Administrator of the national health funding pool\nSection 13\npage 8 Health (National Health Funding Pool and\nAdministration) Act 2013\nEffective: 27/02/25\nR6\n27/02/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) to make payments from each state pool account in accordance\nwith the directions of the State concerned; and\n(d) to report publicly on the payments made into and from each state\npool account and other matters on which the administrator is\nrequired to report under this Act; and\n(e) to exercise or perform any other functions conferred on the\nadministrator under this Act.\n(2) The administrator and the body and staff assisting the administrator\nare not subject to the control or direction of any Minister of the\nCommonwealth in relation to the exercise or performance of the\nadministrator’s functions under this Act.\n(3) However, the administrator is required to comply with any directions\ngiven by the First Ministers’ Council in relation to the manner in\nwhich the administrator exercises or performs his or her functions\nunder this Act (including in relation to the preparation or provision of\nannual or monthly reports, financial statements or information under\npart 4).\n(4) Directions given by the First Ministers’ Council under\nsubsection (3)—\n(a) are to be given in accordance with a written resolution of the\nFirst Ministers’ Council passed in accordance with the\nprocedures determined by that council; and\n(b) are to be notified in writing to the administrator; and\n(c) are to be made publicly available by the administrator.\n(5) To avoid doubt, this Act is not intended—\n(a) to give the Commonwealth ownership or control of money in a\nstate pool account; or\n\nAdministrator of the national health funding pool Part 2\nSection 13\nR6\n27/02/25\nHealth (National Health Funding Pool and\nAdministration) Act 2013\nEffective: 27/02/25\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) to affect the obligation of the administrator under the law of a\nState to make payments from the state pool account of the State\nin accordance with the directions of the State.\n(6) To avoid doubt, the administrator may have regard to information\nobtained in the exercise or performance of functions under the law of\nanother jurisdiction in the exercise or performance of the\nadministrator’s functions under part 4.\n\nPart 3 National health funding pool\nDivision 3.1 State pool account\nSection 14\npage 10 Health (National Health Funding Pool and\nAdministration) Act 2013\nEffective: 27/02/25\nR6\n27/02/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 National health funding pool\nDivision 3.1 State pool account\n14 Establishment of ACT local hospital network directorate\nThe Treasurer must, under the Financial Management Act, dictionary,\ndefinition of directorate, paragraph (b), establish and keep a\ndirectorate (the ACT local hospital network directorate) for this Act.\nNote The ACT local hospital network directorate is part of the administrative\nunit responsible for this Act (see Financial Management Act, dict, def\ndirectorate, par (b)).\n15 Establishment of state pool account with Reserve Bank\n(1) The director-general must open and keep a bank account (the state\npool account) with the Reserve Bank of Australia solely for the\nACT’s use under this Act.\n(2) A state pool account is a directorate banking account of the ACT local\nhospital network directorate.\n(3) The Financial Management Act, section 34 (3) (Directorate banking\naccounts) does not apply to the opening or keeping of a bank account\nunder this section.\n(4) To remove any doubt, the Financial Management Act, section 34 (7)\ndoes not apply to the opening or keeping of a bank account under this\nsection to the extent that it requires compliance with that Act, section\n34 (3).\n(5) The ACT Treasurer may enter into an agreement with the Reserve\nBank of Australia in relation to the state pool account.\n\nNational health funding pool Part 3\nState pool account Division 3.1\nSection 16\nR6\n27/02/25\nHealth (National Health Funding Pool and\nAdministration) Act 2013\nEffective: 27/02/25\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n16 Payments into state pool account\n(1) The following must be paid into the state pool account:\n(a) all activity-based funding allocated from ACT funds for the\nprovision of public hospital services under the national health\nreform agreement;\n(b) all funding received from the Commonwealth for the provision\nof public hospital services and other health services under the\nnational health reform agreement;\n(c) money paid to the ACT by another State for payment into the\nstate pool account under the national health reform agreement;\n(d) any other funding received from the Commonwealth for\npayment into the state pool account.\n(2) The following may be paid into the state pool account:\n(a) exceptional payments for the provision of health services\ndecided by the director-general;\n(b) interest earned on the account.\n(3) The amounts paid into the state pool account may include\nadjustments—\n(a) to reflect the difference between estimated and actual health\nservices provided; and\n(b) for other funding reconciliations under the national health\nreform agreement.\n\nPart 3 National health funding pool\nDivision 3.1 State pool account\nSection 17\npage 12 Health (National Health Funding Pool and\nAdministration) Act 2013\nEffective: 27/02/25\nR6\n27/02/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n17 Payments from state pool account\n(1) Payments of funds from the state pool account, including the timing\nof the payments, are to be made only by the administrator in\naccordance with a direction of the responsible Minister for this\njurisdiction.\n(2) The administrator is required to authorise personally each payment\nmade from the state pool account.\n(3) Payments from the state pool account are to be made only—\n(a) to local hospital networks and for other health services; or\n(b) to the state managed fund; or\n(c) to a Territory banking account (other than the state pool account\nor the state managed fund); or\n(d) for any other matter that is to be funded through the state pool\naccount.\n(4) For subsection (3) (a), a payment to a local hospital network includes\na payment to another entity on behalf of the network for corporate or\nother services provided to the network by that entity.\n(5) A direction made by the Minister to the administrator for the payment\nof funds from the state pool account is to be consistent with—\n(a) the purpose for which the funding was paid into the account; and\n(b) the national health reform agreement; and\n(c) advice provided by the administrator about the basis on which\nthe administrator has calculated payments into the account by\nthe Commonwealth; and\n(d) any relevant service agreement between the director-general and\na local hospital network.\n\nNational health funding pool Part 3\nState pool account Division 3.1\nSection 18\nR6\n27/02/25\nHealth (National Health Funding Pool and\nAdministration) Act 2013\nEffective: 27/02/25\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(6) This section does not prevent the Minister from directing the\nadministrator to pay funds—\n(a) to reflect the difference between estimated and actual health\nservices provided; or\n(b) for other funding reconciliations under the national health\nreform agreement; or\n(c) to correct any error in payments out of the state pool account; or\n(d) to pay fees associated with maintaining the state pool account,\nincluding financial institution fees and audit fees; or\n(e) for interest earned on the state pool account—for any purpose\ndecided by the ACT Treasurer.\n18 Payment from state pool account if no administrator\nIf there is no administrator or acting administrator appointed under\nthis Act, the director-general may pay funds from the state pool\naccount at the direction of the responsible Minister for this\njurisdiction as if the director-general were the administrator.\n19 Distribution of Commonwealth funding\n(1) Directions by the responsible Minister for this jurisdiction to the\nadministrator for payments from the state pool account are, in relation\nto the distribution of Commonwealth funding provided to the ACT\nunder the national health reform agreement, to be consistent with the\nadvice provided by the administrator to the Treasurer of the\nCommonwealth about the basis on which the administrator has\ncalculated the payments to be made into that account by the\nCommonwealth.\n(2) This section does not affect the obligation of the administrator to\nmake payments from the state pool account strictly in accordance\nwith the directions of the responsible Minister for this jurisdiction.\n\nPart 3 National health funding pool\nDivision 3.2 State managed fund\nSection 20\npage 14 Health (National Health Funding Pool and\nAdministration) Act 2013\nEffective: 27/02/25\nR6\n27/02/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 3.2 State managed fund\n20 Establishment of state managed fund\n(1) The director-general must open and keep an account (the state\nmanaged fund) with an authorised deposit-taking institution.\n(2) The state managed fund is a directorate banking account of the ACT\nlocal hospital network directorate.\n21 Payments into state managed fund\n(1) The following must be paid into the state managed fund:\n(a) block funding for the provision of public hospital services and\nother health services allocated by the ACT under the national\nhealth reform agreement;\n(b) funding for teaching, training and research related to the\nprovision of health services allocated by the ACT under the\nnational health reform agreement;\n(c) amounts paid from the state pool account equivalent to block\nfunding and funding for teaching, training and research related\nto the provision of health services provided by the\nCommonwealth under the national health reform agreement;\n(d) other amounts paid from the state pool account.\n(2) Exceptional payments for the provision of health services decided by\nthe director-general may be paid into the state managed fund.\n(3) The amounts paid into the state managed fund may include\nadjustments—\n(a) to reflect the difference between estimated and actual health\nservices provided; and\n(b) for other funding reconciliations under the national health\nreform agreement.\n\nNational health funding pool Part 3\nState managed fund Division 3.2\nSection 22\nR6\n27/02/25\nHealth (National Health Funding Pool and\nAdministration) Act 2013\nEffective: 27/02/25\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) In this section:\nblock funding—\n(a) means funding for public hospital services for public patients\nthat are not appropriately funded through activity-based\nfunding; but\n(b) does not include top-up funding provided by the Commonwealth\nunder the national health reform agreement.\n22 Payments from state managed fund\n(1) The payment of funds from the state managed fund, including the\ntiming of the payments, is to be made by the director-general.\n(2) Payments from the state managed fund are to be made only—\n(a) to local hospital networks and for other health services; and\n(b) to universities and other providers of teaching, training and\nresearch related to the provision of health services; and\n(c) to a Territory banking account (other than the state pool account\nor the state managed fund).\n(3) For subsection (2) (a), a payment to a local hospital network includes\na payment to another entity on behalf of the network for corporate or\nother services provided to the network by that entity.\n(4) Payment of funds from the state managed fund is to be consistent\nwith—\n(a) the purpose for which the funding was paid into the fund; and\n(b) the national health reform agreement; and\n(c) any relevant service agreement between the director-general and\na local hospital network.\n\nPart 3 National health funding pool\nDivision 3.2 State managed fund\nSection 22\npage 16 Health (National Health Funding Pool and\nAdministration) Act 2013\nEffective: 27/02/25\nR6\n27/02/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(5) This section does not prevent the director-general from paying funds\nfrom the state managed fund—\n(a) to reflect the difference between estimated and actual health\nservices provided; or\n(b) for other funding reconciliations under the national health\nreform agreement; or\n(c) to correct any error in payments out of the fund; or\n(d) to pay fees associated with maintaining the fund, including\nfinancial institution fees and audit fees.\n\nFinancial management and reporting Part 4\nSection 23\nR6\n27/02/25\nHealth (National Health Funding Pool and\nAdministration) Act 2013\nEffective: 27/02/25\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Financial management and\nreporting\n23 Financial management obligations of administrator\nThe administrator must—\n(a) develop and apply appropriate financial management policies\nand procedures with respect to the state pool accounts (including\npolicies and procedures to ensure payments from the accounts\nare made in accordance with the directions of the responsible\nMinister); and\n(b) keep proper records in relation to the administration of the state\npool accounts, including records of all payments made into and\nfrom those accounts and the basis on which the payments were\nmade; and\n(c) prepare the financial statements required by this part in relation\nto the state pool accounts and arrange for the audit of those\nfinancial statements in accordance with this part.\n24 Monthly reports by administrator\n(1) The administrator must provide monthly reports to the\nCommonwealth and each State containing the following information\nfor the relevant month:\n(a) the amounts paid into each state pool account and state managed\nfund by the relevant State and the basis on which the payments\nwere made;\n(b) the amounts paid into each state pool account by the\nCommonwealth and the basis on which the payments were\nmade;\n\nPart 4 Financial management and reporting\nSection 25\npage 18 Health (National Health Funding Pool and\nAdministration) Act 2013\nEffective: 27/02/25\nR6\n27/02/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) the amounts paid from each state pool account to local hospital\nnetworks, a state managed fund or other organisations or funds\nand the basis on which the payments were made;\n(d) the amounts paid from each state managed fund to local hospital\nnetworks or other organisations or funds and the basis on which\nthe payments were made;\n(e) the number of public hospital services funded for each local\nhospital network (including a running financial year total) in\naccordance with the system of activity based funding;\n(f) the number of other public hospital services and functions\nfunded from a state pool account or state managed fund\n(including a running financial year total).\n(2) A monthly report required to be provided to a jurisdiction under this\nsection is to be provided to the responsible Minister for that\njurisdiction or to a body or officer notified to the administrator by that\nMinister.\n(3) The administrator is to make reports provided under this section\npublicly available.\n25 Annual report by administrator\n(1) The administrator must, within 4 months after the end of each\nfinancial year, provide to the responsible Ministers an annual report\non the exercise or performance of his or her functions during the\nfinancial year.\n(2) The annual report must include the following information for the\nrelevant financial year:\n(a) the amounts paid into each state pool account and state managed\nfund by the relevant State and the basis on which the payments\nwere made;\n\nFinancial management and reporting Part 4\nSection 26\nR6\n27/02/25\nHealth (National Health Funding Pool and\nAdministration) Act 2013\nEffective: 27/02/25\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) the amounts paid into each state pool account by the\nCommonwealth and the basis on which the payments were\nmade;\n(c) the amounts paid from each state pool account to local hospital\nnetworks, a state managed fund or other organisations or funds\nand the basis on which the payments were made;\n(d) the amounts paid from each state managed fund to local hospital\nnetworks or other organisations or funds and the basis on which\nthe payments were made;\n(e) the number of public hospital services funded for each local\nhospital network in accordance with the system of activity based\nfunding;\n(f) the number of other public hospital services and functions\nfunded from a state pool account or state managed fund.\n(3) The annual report is to be accompanied by—\n(a) an audited financial statement for each state pool account; and\n(b) a financial statement that combines the audited financial\nstatements for each state pool account.\n(4) The responsible Minister must, as soon as practicable after receiving\nan annual report under this section, present a copy of the report to the\nLegislative Assembly.\n26 Administrator to prepare financial statements for state\npool accounts\nThe administrator must, after each financial year, prepare—\n(a) a financial statement for each state pool account that details\nfinancial transactions during that financial year; and\n(b) a combined financial statement that consists of the financial\nstatements for each state pool account for the financial year.\n\nPart 4 Financial management and reporting\nSection 27\npage 20 Health (National Health Funding Pool and\nAdministration) Act 2013\nEffective: 27/02/25\nR6\n27/02/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n27 Audit of financial statements\nA financial statement under this part for the ACT state pool account\nis to be audited by the ACT auditor-general in accordance with the\nAuditor-General Act.\n28 Performance audits\n(1) Before the ACT auditor-general conducts a performance audit, the\nACT auditor-general must notify the auditors-general of all other\njurisdictions of his or her intention to conduct the proposed audit.\n(2) Auditors-general who are conducting performance audits at the same\ntime are to make arrangements to co-ordinate the conduct of those\naudits in relation to any requirements imposed on the administrator.\n(3) A performance audit must be conducted by the ACT auditor-general\nin accordance with the Auditor-General Act.\n(4) In this section:\nperformance audit means an audit by the auditor-general of a\njurisdiction of the exercise or performance of the functions of the\nadministrator in relation to that jurisdiction to determine whether the\nadministrator is acting effectively, economically, efficiently and in\ncompliance with all relevant laws.\n29 States to provide administrator with information about\nState managed funds\n(1) The responsible Minister for a State is to provide information to the\nadministrator about any of the following matters relating to the state\nmanaged fund of the State that the administrator requires for the\npreparation of reports and financial statements under this part:\n(a) the amounts paid by the State into the state managed fund and\nthe basis on which the payments were made;\n\nFinancial management and reporting Part 4\nSection 30\nR6\n27/02/25\nHealth (National Health Funding Pool and\nAdministration) Act 2013\nEffective: 27/02/25\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) the amounts paid by the State from the state managed fund to\nlocal hospital networks or other organisations or funds and the\nbasis on which the payments were made;\n(c) public hospital services and functions that are funded from the\nstate managed fund.\n(2) The information is to be provided by the time requested by the\nadministrator.\n30 Provision of information generally\n(1) The administrator is required to provide to the responsible Minister\nfor a jurisdiction any information requested by that Minister that\nrelates to that jurisdiction.\n(2) The information is to be provided by the time requested by the\nresponsible Minister.\n(3) The administrator is required to provide to the responsible Ministers\nof all jurisdictions a copy of advice provided by the administrator to\nthe Treasurer of the Commonwealth about the basis on which the\nadministrator has calculated the payments to be made into state pool\naccounts by the Commonwealth.\n(4) The administrator may at any time provide any information that\nrelates to a jurisdiction to the responsible Minister for that\njurisdiction.\n(5) Any information relating to a jurisdiction that is provided by the\nadministrator to another jurisdiction may only be publicly released by\nthat other jurisdiction in accordance with arrangements approved by\nthe responsible Minister for the jurisdiction to which the information\nrelates.\n\nPart 5 Miscellaneous\nSection 31\npage 22 Health (National Health Funding Pool and\nAdministration) Act 2013\nEffective: 27/02/25\nR6\n27/02/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 5 Miscellaneous\n31 Exclusion of ACT Acts\nThe following Acts do not apply to or in relation to the administrator\nor a function exercised by the administrator:\n(a) the Freedom of Information Act 2016;\n(b) the Health Records (Privacy and Access) Act 1997;\n(c) the Information Privacy Act 2014;\n(d) the Ombudsman Act 1989;\n(e) the Territory Records Act 2002.\n32 Application of Commonwealth Acts\n(1) The following Acts apply (subject to subsection (2)) as laws of this\njurisdiction to or in relation to the administrator or a function\nexercised by the administrator:\n(a) the Archives Act 1983 (Cwlth);\n(b) the Australian Information Commissioner Act 2010 (Cwlth);\n(c) the Freedom of Information Act 1982 (Cwlth);\n(d) the Ombudsman Act 1976 (Cwlth);\n(e) the Privacy Act 1988 (Cwlth).\n(2) Each of the Acts mentioned in subsection (1) applies for the purposes\nof this Act subject to the modifications made by regulations made\nunder the National Health Reform Act 2011 (Cwlth) with the\nagreement of all the members of the Ministerial Council.\n\nMiscellaneous Part 5\nSection 33\nR6\n27/02/25\nHealth (National Health Funding Pool and\nAdministration) Act 2013\nEffective: 27/02/25\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n33 Extraterritorial operation of Act\nThe Legislative Assembly intends that this Act is to operate to\ninclude, in so far as the legislative power of the Legislative Assembly\npermits, the following:\n(a) things situated in or outside the territorial limits of this\njurisdiction;\n(b) acts, transactions and matters done, entered into or occurring in\nor outside the territorial limits of this jurisdiction;\n(c) things, acts, transactions and matters (wherever situated, done,\nentered into or occurring) that would, apart from this Act, be\ngoverned or otherwise affected by the law of another\njurisdiction.\n34 Act binds the ACT\nThis Act binds the ACT and, in so far as the legislative power of the\nLegislative Assembly permits, the ACT in all its other capacities.\n35 Delegation of functions of responsible Minister\n(1) The responsible Minister for this jurisdiction may delegate to an\nauthority or officer of the State the Minister’s functions under this\nAct.\n(2) This section does not apply to the functions of a Minister under part 2\n(Administrator of the national health funding pool).\n36 Offences—use or divulge protected information\n(1) A person to whom this section applies commits an offence if—\n(a) the person uses information; and\n(b) the information is protected information about someone else;\nand\n\nPart 5 Miscellaneous\nSection 36\npage 24 Health (National Health Funding Pool and\nAdministration) Act 2013\nEffective: 27/02/25\nR6\n27/02/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) the person is reckless about whether the information is protected\ninformation about someone else.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n(2) A person to whom this section applies commits an offence if—\n(a) the person does something that divulges information; and\n(b) the information is protected information about someone else;\nand\n(c) the person is reckless about whether—\n(i) the information is protected information about someone\nelse; and\n(ii) doing the thing would result in the information being\ndivulged to someone else.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n(3) Subsections (1) and (2) do not apply if the information is used or\ndivulged—\n(a) under this Act or another territory law; or\n(b) in relation to the exercise of a function, by a person to whom\nthis section applies, under this Act or another territory law; or\n(c) in a court proceeding.\n(4) Subsections (1) and (2) do not apply to the using or divulging of\nprotected information about a person with the person’s consent.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (3) and s (4) (see Criminal Code 2002, s 58).\n\nMiscellaneous Part 5\nSection 37\nR6\n27/02/25\nHealth (National Health Funding Pool and\nAdministration) Act 2013\nEffective: 27/02/25\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(5) A person to whom this section applies need not divulge protected\ninformation to a court, or produce a document containing protected\ninformation to a court, unless it is necessary to do so for this Act or\nanother law applying in the territory.\n(6) In this section:\ncourt includes a tribunal, authority or person having power to require\nthe production of documents or the answering of questions.\ndivulge includes—\n(a) communicate; or\n(b) publish.\nperson to whom this section applies means—\n(a) a person who is or has been the administrator; or\n(b) anyone else who has exercised a function under this Act.\nproduce includes allow access to.\nprotected information means information about a person that is\ndisclosed to, or obtained by, a person to whom this section applies\nbecause of the exercise of a function under this Act by the person or\nsomeone else.\nterritory law—see the Legislation Act 2001, part 1, dictionary.\nuse, in relation to information, includes make a record of the\ninformation.\n37 Regulation-making power\nThe Executive may make regulations for this Act.\nNote A regulation must be notified, and presented to the Legislative Assembly,\nunder the Legislation Act.\n\nPart 10 Transitional—COAG Legislation Amendment Act 2025\nSection 60\npage 26 Health (National Health Funding Pool and\nAdministration) Act 2013\nEffective: 27/02/25\nR6\n27/02/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 10 Transitional—COAG Legislation\nAmendment Act 2025\n60 Definitions—pt 10\nIn this part:\nCOAG—see the pre-amendment Act, dictionary.\ncommencement day means the day the COAG Legislation\nAmendment Act 2025, section 3 commences.\npre-amendment Act means the Health (National Health Funding\nPool and Administration) Act 2013, as in force immediately before\nthe commencement day.\nstanding council on health—see the pre-amendment Act, dictionary.\n61 References to COAG and standing council on health\n(1) A reference to COAG in the Act before the commencement day is\ntaken, from 29 May 2020, to be a reference to the First Ministers’\nCouncil.\nNote On 29 May 2020, National Cabinet agreed to the cessation of the Council\nof Australian Governments.\n(2) A reference to the standing council on health in the Act before the\ncommencement day is taken, from 23 October 2020, to be a reference\nto the Ministerial Council.\nNote On 23 October 2020, National Cabinet agreed to the review of the\nMinisterial councils and forums.\n62 Things started but not finished by COAG\n(1) This section applies if—\n(a) COAG started doing something before 30 May 2020; and\n\nTransitional—COAG Legislation Amendment Act 2025 Part 10\nSection 63\nR6\n27/02/25\nHealth (National Health Funding Pool and\nAdministration) Act 2013\nEffective: 27/02/25\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) immediately before 30 May 2020, COAG had not finished doing\nthe thing.\n(2) The First Ministers’ Council may, after 29 May 2020, finish doing\nthe thing.\n63 Things started but not finished by standing council on\nhealth\n(1) This section applies if—\n(a) the standing council on health started doing something before\n24 October 2020; and\n(b) immediately before 24 October 2020, the standing council on\nhealth had not finished doing the thing.\n(2) The Ministerial Council may, after 23 October 2020, finish doing the\nthing.\n64 Transitional regulations\n(1) A regulation may prescribe transitional matters necessary or\nconvenient to be prescribed because of the enactment of the\nCOAG Legislation Amendment Act 2025.\n(2) A regulation may modify this part (including in relation to another\nterritory law) to make provision in relation to anything that, in the\nExecutive’s opinion, is not, or is not adequately or appropriately,\ndealt with in this part.\n(3) A regulation under subsection (2) has effect despite anything\nelsewhere in this Act or another territory law.\n65 Expiry—pt 10\nThis part expires 2 years after the commencement day.\nNote A transitional provision is repealed on its expiry but continues to have\neffect after its repeal (see Legislation Act, s 88).\n\nDictionary\npage 28 Health (National Health Funding Pool and\nAdministration) Act 2013\nEffective: 27/02/25\nR6\n27/02/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act, pt 1 and pt 6.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• commencement\n• territory law\n• transitional.\nACT means the Australian Capital Territory.\nACT auditor-general means the Auditor-General for the ACT under\nthe Auditor-General Act.\nACT local hospital network directorate—see section 14.\nACT Treasurer means the Minister designated Treasurer by the Chief\nMinister, and includes a Minister authorised by the Chief Minister to\nact on behalf of the Treasurer.\nadministrator means the administrator of the national health funding\npool appointed under section 8 and under the corresponding provision\nof the laws of the Commonwealth and the other States.\nAuditor-General Act means the Auditor-General Act 1996.\nauthorised deposit-taking institution means an authorised\ndeposit-taking institution under the Banking Act 1959 (Cwlth).\nChief Minister means the Chief Minister for the ACT.\ndirectorate banking account—see the Financial Management Act,\ndictionary.\ndirector-general means the person engaged under the Public Sector\nManagement Act 1994, section 31 (2) to exercise the functions of\ndirector-general in the administrative unit of which the ACT local\nhospital network directorate is part.\n\nDictionary\nR6\n27/02/25\nHealth (National Health Funding Pool and\nAdministration) Act 2013\nEffective: 27/02/25\npage 29\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nFinancial Management Act means the Financial Management\nAct 1996.\nFirst Ministers’ Council means a body (however described) that\nconsists only of, or that includes, the following:\n(a) the Prime Minister;\n(b) the Premiers of each State;\n(c) the Chief Ministers of the Australian Capital Territory and\nNorthern Territory.\nfunction includes a power, authority or duty.\nhealth service—\n(a) means a health service defined in the Health Act 1993, section 5;\nand\n(b) includes teaching, training and research related to the provision\nof a health service.\nLegislative Assembly means the Legislative Assembly for the ACT.\nNote The Legislative Assembly is established by the Australian Capital\nTerritory (Self-Government) Act 1988 (Cwlth).\nlocal hospital network means an organisation that is a local hospital\nnetwork (however described) for the purposes of the national health\nreform agreement.\nMinisterial Council means a body (however described) that consists\nof the Minister of the Commonwealth, and the Minister of each State\nand Territory, who is responsible, or principally responsible, for\nmatters relating to health.\nnational health funding pool means the combined state pool\naccounts for each State.\n\nDictionary\npage 30 Health (National Health Funding Pool and\nAdministration) Act 2013\nEffective: 27/02/25\nR6\n27/02/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nnational health reform agreement means the National Health\nReform Agreement between the Commonwealth and the States that\nwas agreed to by the Council of Australian Governments on\n2 August 2011, as amended from time to time.\nNote On 29 May 2020, National Cabinet agreed to the cessation of the Council\nof Australian Governments.\nresponsible Minister for a jurisdiction means the relevant Minister\nwith portfolio responsibility for the administration of the provision of\nthis Act in which the expression occurs (or of the corresponding\nprovision of the law of the Commonwealth and the other States).\nState includes the ACT and the Northern Territory.\nstate managed fund of a State means a bank account or fund\nestablished by the State for the purposes of health funding under the\nnational health reform agreement that is required to be undertaken in\nthe State through a state managed fund.\nstate pool account of a State means the bank account established by\nthe State under part 3 (National health funding pool) or under the\ncorresponding provisions of the law of another State.\nthis jurisdiction means the ACT.\n\nEndnotes\nAbout the endnotes 1\nR6\n27/02/25\nHealth (National Health Funding Pool and\nAdministration) Act 2013\nEffective: 27/02/25\npage 31\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\n3 Legislation history\npage 32 Health (National Health Funding Pool and\nAdministration) Act 2013\nEffective: 27/02/25\nR6\n27/02/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nHealth (National Health Funding Pool and Administration) Act 2013\nA2013-2\nnotified LR 20 February 2013\ns 1, s 2 commenced 20 February 2013 (LA s 75 (1))\nremainder commenced 21 February 2013 (s 2)\nas amended by\nJustice and Community Safety Legislation Amendment Act 2014\n(No 2) A2014-49 sch 1 pt 1.8\nnotified LR 10 November 2014\ns 1, s 2 commenced 10 November 2014 (LA s 75 (1))\nsch 1 pt 1.8 commenced 17 November 2014 (s 2)\nPublic Sector Management Amendment Act 2016 A2016-52 sch 1\npt 1.34\nnotified LR 25 August 2016\ns 1, s 2 commenced 25 August 2016 (LA s 75 (1))\nsch 1 pt 1.34 commenced 1 September 2016 (s 2)\nFreedom of Information Act 2016 A2016-55 sch 4 pt 4.13 (as am by\nA2017-14 s 19)\nnotified LR 26 August 2016\ns 1, s 2 commenced 26 August 2016 (LA s 75 (1))\nsch 4 pt 4.13 commenced 1 January 2018 (s 2 as am by A2017-14\ns 19)\nJustice and Community Safety Legislation Amendment Act 2017\n(No 2) A2017-14 s 19\nnotified LR 17 May 2017\ns 1, s 2 commenced 17 May 2017 (LA s 75 (1))\ns 19 commenced 24 May 2017 (s 2 (1))\nNote This Act only amends the Freedom of Information Act 2016\nA2016-55.\nCOAG Legislation Amendment Act 2025 A2025-1 pt 4\nnotified LR 20 February 2025\ns 1, s 2 commenced 20 February 2025 (LA s 75 (1))\npt 4 commenced 27 February 2025 (s 2)\n\nEndnotes\nAmendment history 4\nR6\n27/02/25\nHealth (National Health Funding Pool and\nAdministration) Act 2013\nEffective: 27/02/25\npage 33\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nCommencement\ns 2 om LA s 89 (4)\nConstitution of Ministerial Council etc\ns 4 hdg sub A2025-1 s 10\ns 4 am A2025-1 s 18\nAppointment of administrator\ns 8 am A2025-1 s 18\nSuspension of administrator\ns 9 am A2025-1 s 18\nRemoval or resignation of administrator\ns 10 am A2025-1 s 18\nActing administrator\ns 11 am A2025-1 s 18\nFunctions of administrator\ns 13 am A2025-1 s 11, s 12\nExclusion of ACT Acts\ns 31 am A2014-49 amdt 1.17; pars renum R2 LA; A2016-55\namdt 4.15\nApplication of Commonwealth Acts\ns 32 am A2025-1 s 18\nTransitional\npt 6 hdg exp 21 February 2015 (s 40)\nTransitional and validation provisions\ns 38 exp 21 February 2015 (s 40)\nTransitional regulations\ns 39 exp 21 February 2015 (s 40)\nExpiry—pt 6\ns 40 exp 21 February 2015 (s 40)\nTransitional—COAG Legislation Amendment Act 2025\npt 10 hdg ins A2025-1 s 13\nexp 27 February 2027 (s 65)\nDefinitions—pt 10\ns 60 ins A2025-1 s 13\nexp 27 February 2027 (s 65)\n\nEndnotes\n4 Amendment history\npage 34 Health (National Health Funding Pool and\nAdministration) Act 2013\nEffective: 27/02/25\nR6\n27/02/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nReferences to COAG and standing council on health\ns 61 ins A2025-1 s 13\nexp 27 February 2027 (s 65)\nThings started but not finished by COAG\ns 62 ins A2025-1 s 13\nexp 27 February 2027 (s 65)\nThings started but not finished by standing council on health\ns 63 ins A2025-1 s 13\nexp 27 February 2027 (s 65)\nTransitional regulations\ns 64 ins A2025-1 s 13\nexp 27 February 2027 (s 65)\nExpiry—pt 10\ns 65 ins A2025-1 s 13\nexp 27 February 2027 (s 65)\nDictionary\ndict def COAG om A2025-1 s 14\ndef director-general am A2016-52 amdt 1.99\ndef First Ministers’ Council ins A2025-1 s 15\ndef Ministerial Council ins A2025-1 s 15\ndef national health reform agreement sub A2025-1 s 16\ndef responsible Minister note exp 21 February 2015 (s 40)\ndef standing council on health om A2025-1 s 17\n\nEndnotes\nEarlier republications 5\nR6\n27/02/25\nHealth (National Health Funding Pool and\nAdministration) Act 2013\nEffective: 27/02/25\npage 35\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n21 Feb 2013\n21 Feb 2013–\n16 Nov 2014\nnot amended new Act\nR2\n17 Nov 2014\n17 Nov 2014–\n21 Feb 2015\nA2014-49 amendments by\nA2014-49\nR3\n22 Feb 2015\n22 Feb 2015–\n31 Aug 2016\nA2014-49 expiry of\ntransitional\nprovision (pt 6)\nR4\n1 Sept 2016\n1 Sept 2016–\n31 Dec 2017\nA2016-52 amendments by\nA2016-52\nR5\n1 Jan 2018\n1 Jan 2018–\n26 Feb 2025\nA2017-14 amendments by\nA2016-55 as\namended by\nA2017-14\n\nEndnotes\n6 Expired transitional or validating provisions\npage 36 Health (National Health Funding Pool and\nAdministration) Act 2013\nEffective: 27/02/25\nR6\n27/02/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.\n© Australian Capital Territory 2025","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of implementing the National Health Reform Agreement funding arrangements. The 2025 amendments (Part 10) are purely transitional, updating references from 'COAG' to 'First Ministers' Council' and 'standing council on health' to 'Ministerial Council' following machinery of government changes. No substantive expansion of scope has occurred."},"complexity_factors":["Cross-jurisdictional coordination: The Administrator is appointed by consensus of all States and Commonwealth, with complex suspension/removal procedures (ss 8-10)","Dual account structure: Distinguishes between 'state pool account' (activity-based funding) and 'state managed fund' (block funding) with different rules for each (Part 3)","Modified application of other laws: Specific exclusions of 5 ACT Acts and application of 5 Commonwealth Acts with modifications (ss 31-32)","National Law interpretation: Section 5 requires interpretation according to Health Practitioner Regulation National Law schedule 7, importing external interpretative rules","Transitional provisions for governance changes: Part 10 contains time-limited provisions dealing with the abolition of COAG and standing councils, with expiry dates","Protected information offences: Section 36 creates offences with specific exceptions and evidential burdens","Extraterritorial operation: Section 33 extends operation beyond ACT territorial limits"],"plain_english_summary":"This ACT law sets up the machinery for how the ACT receives and spends Commonwealth money for public hospitals under the National Health Reform Agreement.\n\n**What it does:**\n- **Creates a national health funding pool** – a special bank account (the 'state pool account') held at the Reserve Bank of Australia where Commonwealth and ACT hospital funding is deposited.\n- **Appoints an Administrator** – an independent officer (jointly appointed by all States and the Commonwealth) who calculates how much the Commonwealth owes, advises the Commonwealth Treasurer on payments, and makes payments out of the pool account based on directions from the ACT Minister.\n- **Establishes a state managed fund** – a separate account for 'block funding' (fixed amounts for services not paid per patient) and teaching/research funding, managed by the ACT Director-General.\n- **Sets transparency rules** – requires monthly and annual public reporting on where the money goes, plus audits by the ACT Auditor-General.\n\n**Who it affects:**\n- **Patients** – indirectly, by ensuring hospital funding flows properly.\n- **Local hospital networks** – they receive the money from these accounts.\n- **The Administrator** – a key independent officer with specific appointment/removal processes involving all jurisdictions.\n- **ACT Government** – must follow strict rules about how money moves between the pool account and the managed fund.\n\n**Why it matters:**\nThis is the ACT's piece of a national scheme. It ensures that when the Commonwealth pays the ACT for hospital services, that money is quarantined in a transparent, auditable account rather than disappearing into general revenue. It also ensures the ACT can manage its own contribution to hospital funding alongside Commonwealth contributions, with clear rules about who controls what money."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/health-national-health-funding-pool-and-administration-act-2013","history":"/api/acts/health-national-health-funding-pool-and-administration-act-2013/history","analysis":"/api/acts/health-national-health-funding-pool-and-administration-act-2013/analysis","conflicts":"/api/acts/health-national-health-funding-pool-and-administration-act-2013/conflicts","importantCases":"/api/acts/health-national-health-funding-pool-and-administration-act-2013/important-cases","documents":"/api/acts/health-national-health-funding-pool-and-administration-act-2013/documents"}}