{"id":"medical-services-act-1982","name":"Medical Services Act 1982","slug":"medical-services-act-1982","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30242,"registerId":"nt-medical-services-act-1982-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Medical Services Act 1982","content":"NORTHERN TERRITORY OF AUSTRALIA\nMEDICAL SERVICES ACT 1982\nAs in force at 28 November 2022\nTable of provisions\nPart I Preliminary\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Repeal and savings ......................................................................... 1\n4 Application of Act ............................................................................. 1\n4A Effect of National Health Agreement ............................................... 2\n5 Definitions ........................................................................................ 2\n5A Application of Criminal Code ........................................................... 4\nPart II Provision of medical services\n6 Powers of Minister ........................................................................... 4\n7 Powers and duties of CEO .............................................................. 5\n8 Delegation ....................................................................................... 5\n9 Transport of patients inside and outside the Territory ...................... 5\nPart III Recovery of fees and charges\n12 Fees and charges recoverable as debt except in certain cases ...... 6\n13 Recovery of fees and charges ......................................................... 6\n14 Expenses of burial or disposal of remains ....................................... 7\n15 Remission or postponement of fees and charges............................ 7\nPart IIIA Administrative matters\n15A Authorised officers ........................................................................... 7\n15B Identity card ..................................................................................... 7\n15C Return of identity card ..................................................................... 8\n15D Obstruction of authorised officer ...................................................... 8\n15E Misleading information ..................................................................... 8\nPart IV Miscellaneous\n16 Person in charge of hospital .......................................................... 10\n17 Use of facilities by private practitioners ......................................... 10\n18 Regulations.................................................................................... 12\n19 By-laws .......................................................................................... 13\n20 Validation of charges for medical services .................................... 13\n\nMedical Services Act 1982 ii\nSchedule 1 Ordinances and Acts repealed\nENDNOTES\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 28 November 2022\n____________________\nMEDICAL SERVICES ACT 1982\nAn Act relating to the provision and administration of medical services\nand for other purposes\nPart I Preliminary\n1 Short title\nThis Act may be cited as the Medical Services Act 1982.\n2 Commencement\nThis Act shall come into operation on a date to be fixed by the\nAdministrator by notice in the Gazette.\n3 Repeal and savings\n(1) The Acts listed in Schedule 1 are repealed.\n(2) All instruments of a legislative or administrative character made\nunder any of the enactments repealed by this Act and in force\nimmediately prior to the commencement of this Act shall, so far as\nis not inconsistent with this Act, continue in force as if made under\nthis Act.\n4 Application of Act\n(1) This Act does not apply in relation to:\n(a) a private hospital; or\n(b) a residential facility for which an approval is in force under the\nAged Care Act 1997 (Cth) for an approved provider to provide\nresidential care to persons in the facility.\n(3) In this section:\nprivate hospital, see section 4A of the Private Hospitals Act 1981.\n\nPart I Preliminary\nMedical Services Act 1982 2\n4A Effect of National Health Agreement\nThe Minister must ensure, as far as possible, that the Medicare\nprinciples in the National Health Agreement are complied with in\nadministering this Act and in the provision of medical services by\nthe Territory or in hospitals in the Territory.\n5 Definitions\nIn this Act:\nacting in an official capacity, in relation to an authorised officer,\nmeans the officer is exercising powers or performing functions\nunder, or otherwise related to the administration of, this Act.\nattendant means a person authorised by the CEO to accompany a\nperson who is travelling inside or outside the Territory before or\nafter receiving medical treatment.\nauthorised officer means a person appointed to be an authorised\nofficer under section 15A(1).\nCEO means the Chief Executive Officer.\ndeclared premises means premises declared under section 6(2).\ndentist means a person registered under the Health Practitioner\nRegulation National Law:\n(a) to practise in the dental profession as a dentist (other than as\na student); and\n(b) in the dentists division of that profession.\ndependant, in relation to a person, means:\n(a) a spouse or de facto partner of the person who is wholly or\npartly dependent on that person for financial support; or\n(b) a child of the person who is wholly or partly dependent on that\nperson for financial support.\nhospital means premises declared under section 6(2) to be a\nhospital.\nmedical service means:\n(a) a service for maintaining, improving, restoring or managing\npeople's health and wellbeing; and\n\nPart I Preliminary\nMedical Services Act 1982 3\n(b) the supply of any goods or services in relation to a service\nmentioned in paragraph (a).\nExamples for definition medical service, paragraph (b)\nAppliances and home modifications, prostheses, pharmaceuticals, aeromedical\nand other transport services, blood management services and administrative\nsupport services.\nNational Health Agreement means:\n(a) the National Health Reform Agreement as defined in\nsection 3(1) of the National Health Funding Pool and\nAdministration (National Uniform Legislation) Act 2012; or\n(b) any agreement that replaces or supersedes that agreement.\nnursing home means premises declared under section 6(2) to be a\nnursing home.\npatient includes both in-patients who are admitted to a hospital or\nnursing home and out-patients who receive medical services at a\nhospital or outlying clinic but who are not admitted to a hospital or\nnursing home.\nprivate dentist or private medical practitioner means a dentist or\nmedical practitioner who is not a salaried dentist or medical\npractitioner.\nprivate nurse means a person who:\n(a) is registered under the Health Practitioner Regulation National\nLaw to practise in the nursing profession (other than as a\nstudent); and\n(b) is not a public sector employee.\nsalaried, in relation to a dentist or medical practitioner, means a\ndentist or medical practitioner who is carrying out duties as a public\nsector employee.\nvehicle, see section 5(1) of the Motor Vehicles Act 1949.\nvisiting dentist or visiting medical practitioner means a private\ndentist or private medical practitioner approved under section 17(1)\nby the CEO.\nNote for section 5\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n\nPart II Provision of medical services\nMedical Services Act 1982 4\n5A Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 5A\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\nPart II Provision of medical services\n6 Powers of Minister\n(1) The Minister may arrange for the provision of medical services in\naccordance with section 4A as the Minister considers appropriate.\n(2) The Minister may, by Gazette notice, declare premises to be any of\nthe following:\n(a) a hospital;\n(b) a nursing home;\n(c) an urban health centre;\n(d) any other health centre as specified in the notice.\n(3) The Minister may, by Gazette notice, determine fees and charges\nfor medical services provided under this Act.\n(4) Without limiting subsection (3), the Minister may:\n(a) determine that no fee or charge is payable, or that a particular\nfee or charge is payable:\n(i) for a medical service provided to a particular type of\npatient; or\n(ii) for a medical service provided at a particular place; and\n(b) adopt by reference any fees or charges (as in force at a\nparticular time or as in force from time to time) fixed or\ndetermined by a Commonwealth authority or body.\n\nPart II Provision of medical services\nMedical Services Act 1982 5\n7 Powers and duties of CEO\n(1) The CEO is responsible for the management of all hospitals,\nnursing homes and medical services that are provided by the\nTerritory.\n(2) The CEO may do any of the following:\n(a) appoint a person to be the person in charge of a hospital or\nnursing home provided by the Territory;\n(b) recover, subject to the provisions of this Act, from persons\nreceiving them, the cost of medical services;\n(c) authorise persons to recover fees and charges for medical\nservices provided by, or on behalf of, the Territory;\n(d) institute proceedings against any person who contravenes this\nAct or the Regulations.\n8 Delegation\nThe CEO may delegate any of the CEO's powers and functions\nunder this or another Act (except the Health Service Act 2021) to a\nperson, other than the power under section 19 to make by-laws.\n9 Transport of patients inside and outside the Territory\n(1) The CEO may make such provision as the CEO thinks fit for the\ntransport, whether by ambulance or otherwise:\n(a) of a person for whom the provision of a medical service is\nnecessary; and\n(b) of a person for whom a medical service has been provided.\n(2) If, following receipt of a report made by a salaried medical\npractitioner, the CEO is of the opinion that it is necessary that a\nmedical service be provided outside the Territory to a person, the\nCEO may authorise:\n(a) the transport of that person from a specified place in the\nTerritory to a specified place outside the Territory for the\npurpose of that person being provided with that medical\nservice; and\n(b) the return transport of that person after the medical service\nhas been provided.\n\nPart III Recovery of fees and charges\nMedical Services Act 1982 6\n(3) If the CEO is of the opinion that it is necessary that a person for\nwhom transport is provided under subsection (1) or whose transport\nhas been authorised under subsection (2) be under the care of an\nattendant, the CEO may authorise the transport, including the\nreturn transport, of the attendant at the expense of the Territory.\n(4) If transportation of a person is provided or authorised under this\nsection, the Territory is not liable for an injury or aggravation of an\ninjury to the person or the person's attendant directly attributable to\nthe transportation, except if the attendant is a public sector\nemployee carrying out the employee's duties in respect of the\nemployee's employment.\nPart III Recovery of fees and charges\n12 Fees and charges recoverable as debt except in certain cases\n(1) A fee or charge payable or an expense recoverable under this Act\nfor medical services provided or expenses incurred may be\nrecovered as a debt due to the Territory.\n(2) The CEO may exempt from the obligation to make a payment\nmentioned in subsection (1) a person included in a class of persons\ndesignated by the Minister.\n13 Recovery of fees and charges\n(1) Subject to this section, a fee or charge payable under this Act for a\nmedical service is payable by the person who receives the medical\nservice.\n(2) If a person who receives medical services is a dependant of\nsomeone else, the other person is liable for payment of the fees or\ncharges in respect of those medical services.\n(3) If an infant who receives medical services is not a dependant of a\nperson, the infant and the infant's parent or guardian are jointly and\nseverally liable for payment of the fees or charges.\n(4) Subject to subsection (5), if a fee or charge, or part of a fee or\ncharge, payable under this Act remains unpaid after the expiration\nof 2 months after the date upon which it became due and payable,\nthere is added to the amount of the fee or charge in arrears:\n(a) on the day following the expiration of the period of 2 months\nfrom the date on which the fee or charge became due and\npayable – 5% of the fee or charge or part of the fee or charge\nin arrears; and\n\nPart IIIA Administrative matters\nMedical Services Act 1982 7\n(b) on the expiration of each period of 2 months from that day – a\nfurther 5% of the amount in arrears (including the amount of\nany previous addition to the fee or charge in arrears).\n(5) The Regulations may prescribe a variation in the rate of the\nadditional amounts referred to in subsection (4).\n14 Expenses of burial or disposal of remains\n(1) Subject to subsection (2), where the Territory incurs expense in\nconnection with the burial or disposal of the remains of a person\nunder the Burial and Cremation Act 2022, the Territory may recover\nthe amount of that expense as though the burial or disposal were a\nmedical service received by that person.\n(2) Where the Territory incurs expense in connection with the burial or\ndisposal of the remains of a still-born child under the Burial and\nCremation Act 2022, the Territory may recover the amount of that\nexpense as though the burial or disposal were a medical service\nreceived by the woman who gave birth to the still-born child.\n15 Remission or postponement of fees and charges\n(1) The Minister may remit or postpone the payment of the whole or\npart of a fee or charge payable to or an expense recoverable by the\nTerritory under this Act.\n(2) The CEO may remit or postpone the payment of the whole or part\nof a fee or charge payable, or an expense recoverable under this\nAct, including an additional amount payable because of\nsection 13(4), up to such amount as may from time to time be\ndetermined by the Minister.\nPart IIIA Administrative matters\n15A Authorised officers\n(1) The CEO may appoint a person to be an authorised officer for this\nAct.\n(2) An authorised officer has the powers necessary to perform the\nofficer's functions under this Act, the Regulations and By-laws.\n15B Identity card\n(1) The CEO must give an authorised officer an identity card stating the\nperson's name and that the person is an authorised officer.\n\nPart IIIA Administrative matters\nMedical Services Act 1982 8\n(2) The identity card must:\n(a) show a recent photograph of the authorised officer; and\n(b) show the card's date of issue; and\n(c) be signed by the officer.\n(3) This section does not prevent the issue of a single identity card to a\nperson for this and another Act.\n15C Return of identity card\n(1) A person who ceases to be an authorised officer must return the\nperson's identity card to the CEO within 21 days after the cessation.\nMaximum penalty: 20 penalty units.\n(2) An offence against subsection (1) is an offence of strict liability.\n(3) It is a defence to a prosecution for an offence against\nsubsection (1) if the person has a reasonable excuse.\n15D Obstruction of authorised officer\n(1) A person commits an offence if:\n(a) the person intentionally obstructs another person; and\n(b) the other person is an authorised officer; and\n(c) the authorised officer is acting in an official capacity and the\nperson has knowledge of that circumstance.\nMaximum penalty: 200 penalty units or imprisonment for\n12 months.\n(2) Strict liability applies to subsection (1)(b).\n(3) In this section:\nobstruct includes hinder and resist.\n15E Misleading information\n(1) A person commits an offence if:\n(a) the person intentionally gives information to another person;\nand\n(b) the other person is an authorised officer; and\n\nPart IIIA Administrative matters\nMedical Services Act 1982 9\n(c) the information is misleading and the person has knowledge of\nthat circumstance; and\n(d) the authorised officer is acting in an official capacity and the\nperson has knowledge of that circumstance.\nMaximum penalty: 200 penalty units or imprisonment for\n12 months.\n(2) A person commits an offence if:\n(a) the person intentionally gives a document to another person;\nand\n(b) the other person is an authorised officer; and\n(c) the document contains misleading information and the person\nhas knowledge of that circumstance; and\n(d) the authorised officer is acting in an official capacity and the\nperson has knowledge of that circumstance.\nMaximum penalty: 200 penalty units or imprisonment for\n12 months.\n(3) Strict liability applies to subsections (1)(b) and (2)(b).\n(4) Subsection (2) does not apply if the person, when giving the\ndocument:\n(a) draws the misleading aspect of the document to the\nauthorised officer's attention; and\n(b) to the extent to which the person can reasonably do so – gives\nthe authorised officer the information necessary to remedy the\nmisleading aspect of the document.\n(5) In this section:\nmisleading information means information that is misleading in a\nmaterial particular or because of the omission of a material\nparticular.\n\nPart IV Miscellaneous\nMedical Services Act 1982 10\nPart IV Miscellaneous\n16 Person in charge of hospital\n(1) The person in charge of a hospital or nursing home is responsible:\n(a) for the supervision of all medical services in the hospital or\nnursing home in such a manner as to ensure the maintenance\nof good, safe medical care for all patients of the hospital or\nnursing home; and\n(b) for the maintenance of good order and conduct by staff and\npatients of, and visitors to, the hospital or nursing home; and\n(c) to the CEO, for the administration of the finances and\npersonnel of the hospital or nursing home and the security of\nall staff, patients and property.\n(2) The person in charge of a hospital or nursing home may issue such\ninstructions applicable to staff and patients of, and visitors to, the\nhospital or nursing home as may be necessary to secure the\nmaintenance of good order and conduct in the hospital or nursing\nhome and its grounds.\n(3) All persons in a hospital or nursing home or its grounds are subject\nto the control of the person in charge of the hospital or nursing\nhome.\n(4) The owner, within the meaning of the Motor Vehicles Act 1949, of a\nvehicle shall, at all times when the vehicle is in the grounds of a\nhospital or nursing home, ensure that the vehicle is not used in\ncontravention of this Act and shall, for the purposes of this Act and\nthe Regulations, be deemed to have control of the vehicle.\n17 Use of facilities by private practitioners\n(1) The CEO may approve, with or without conditions, a private dentist\nor a private medical practitioner as a visiting dentist or a visiting\nmedical practitioner in respect of declared premises.\n(2) Subject to any conditions imposed by the CEO when giving the\nCEO's approval under subsection (1), a visiting dentist may, at the\ndeclared premises in respect of which the dentist has been\napproved, provide dental treatment for patients.\n(3) Subject to any conditions imposed by the CEO when giving the\nCEO's approval under subsection (1), a visiting medical practitioner\nmay, at the declared premises in respect of which the practitioner\nhas been approved, admit patients and provide medical treatment\n\nPart IV Miscellaneous\nMedical Services Act 1982 11\nfor those patients.\n(4) A patient admitted by a visiting medical practitioner is subject to the\ncare and control of the person in charge of a hospital or nursing\nhome but the visiting medical practitioner is directly responsible for\nthe treatment of that patient.\n(5) The CEO may also approve any of the following persons to attend\non a patient in declared premises and subsections (8) and (10)\napply to the person as if the person were a visiting medical\npractitioner:\n(a) a health practitioner as defined in section 5 of the Health\nPractitioner Regulation National Law, other than an individual\nwho practises in the dental, medical, nursing, midwifery or\npharmacy professions;\n(b) a dietitian, masseur, naturopath, social worker, speech\npathologist, audiologist or audiometrist;\n(c) a person who provides pathology services.\n(6) The person in charge of a hospital or nursing home may approve a\nprivate nurse to attend upon a patient in the hospital or nursing\nhome and such private nurse shall, when on the premises, be\nsubject to the instructions of the person in charge of the hospital or\nnursing home.\n(7) Nursing staff providing nursing services to a patient admitted to a\nhospital or nursing home by a visiting medical practitioner are\nsubject to the general direction of the person in charge of the\nhospital or nursing home.\n(8) A visiting dentist or a visiting medical practitioner using the facilities\nat the declared premises in respect of which the dentist or\npractitioner has been approved:\n(a) may be charged for the use of those facilities at rates\ndetermined by the Minister; and\n(b) is, as regards the use of those facilities, subject to the\ninstructions of the person in charge of the declared premises.\n(9) A visiting dentist or a visiting medical practitioner using the facilities\nof declared premises shall maintain medical records in accordance\nwith the standards imposed by the person in charge of the declared\npremises.\n(10) The CEO may suspend or withdraw the approval given by the CEO\nto a visiting dentist or visiting medical practitioner under\n\nPart IV Miscellaneous\nMedical Services Act 1982 12\nsubsection (1) or given by the person in charge of a hospital or\nnursing home to a private nurse under subsection (6), if the visiting\ndentist, visiting medical practitioner or private nurse fails to comply\nwith the instructions of the person in charge of the declared\npremises.\n18 Regulations\nThe Administrator may make regulations, not inconsistent with this\nAct, prescribing all matters required or permitted by this Act to be\nprescribed, or necessary or convenient to be prescribed for carrying\nout or giving effect to this Act and, in particular for or in relation to:\n(a) exempting certain persons or classes of persons, either wholly\nor partly, from liability for fees and charges;\n(b) regulating the admission of patients into and discharge from\nhospitals or nursing homes;\n(c) regulating the accommodation and maintenance in hospitals\nor nursing homes of persons who are patients of a private\ndentist or a private medical practitioner;\n(d) maintaining discipline, decency and cleanliness by and among\npersons in declared premises;\n(e) prescribing the duties and regulating the conduct of persons\nemployed in declared premises;\n(f) regulating the general care, management, control and\nsupervision of declared premises;\n(g) prohibiting the introduction of specified articles into declared\npremises;\n(h) maintaining order in declared premises and in their grounds;\n(j) prohibiting smoking in declared premises except in such\nplaces as are specially designated by the person in charge of\nthe hospital or nursing home;\n(k) regulating and prohibiting the parking of vehicles in the\ngrounds of declared premises;\n(m) regulating the speed limits of vehicles using roadways in the\ngrounds of declared premises; and\n(n) prescribing penalties not exceeding 8 penalty units for\noffences against the Regulations.\n\nPart IV Miscellaneous\nMedical Services Act 1982 13\n19 By-laws\n(1) The CEO may make by-laws, not inconsistent with this Act or any\nother law of the Territory, for any of the following matters in relation\nto declared premises:\n(a) the regulation of traffic;\n(b) the regulation of parking;\n(c) general conduct of persons;\n(d) prescribing a fine not exceeding 20 penalty units for an\noffence against the by-laws;\n(e) providing for offences against the by-laws to be strict liability\noffences, but not with a penalty exceeding 10 penalty units.\n(2) In addition, by-laws may provide that, if an offence is committed in\nrelation to a vehicle and the name of the person alleged to have\ncommitted the offence is not ascertained at the time the alleged\noffence occurs, the owner of the vehicle at the time the offence\noccurs is taken to have committed the offence, whether or not the\nowner in fact committed the offence.\n(3) The CEO may, by Gazette notice, declare that by-laws made under\nthis section apply to, and in relation to, declared premises specified\nin the notice.\n(4) The by-laws apply to, and in relation to, the specified declared\npremises on and from the date specified in the notice.\n20 Validation of charges for medical services\n(1) Any charge for medical services determined or purported to be\ndetermined under this Act before the commencement, that would\nhave been valid had it been determined after the commencement,\nis taken to be and to have always been valid.\n(2) Any charge mentioned in subsection (1) recovered or purported to\nbe recovered before the commencement is taken to be, and to have\nalways been, validly recovered.\n(3) In this section:\ncommencement means the commencement of the Medical\nServices Amendment Act 2019.\n\nSchedule 1 Ordinances and Acts repealed\nMedical Services Act 1982 14\nSchedule 1 Ordinances and Acts repealed\nsection 3\nHospitals and Medical Services Ordinance 1953\nHospitals and Medical Services Ordinance 1957\nHospitals and Medical Services Ordinance 1962\nHospitals and Medical Services Ordinance 1964\nHospitals and Medical Services Ordinance 1965\nHospitals and Medical Services Ordinance (No. 2) 1965\nHospitals and Medical Services Ordinance 1970\nHospitals and Medical Services Ordinance 1975\nHospitals and Medical Services Ordinance 1976\nHospitals and Medical Services Act 1978\nHospitals and Medical Services Act 1979\nHospitals and Medical Services Amendment Act 1981\n\nENDNOTES\nMedical Services Act 1982 15\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nMedical Services Act 1982 (Act No. 75, 1982)\nAssent date 17 December 1982\nCommenced 4 February 1983 (Gaz G5, 4 February 1983, p 1)\nStatute Law Revision Act 1988 (Act No. 66, 1988)\nAssent date 22 December 1988\nCommenced 22 December 1988\nDental (Consequential Amendments) Act 1991 (Act No. 75, 1991)\nAssent date 10 December 1991\nCommenced 31 January 1992 (Gaz S7, 31 January 1992)\nDe Facto Relationships (Miscellaneous Amendments) Act 1991 (Act No. 82, 1991)\nAssent date 24 December 1991\nCommenced 1 January 1992 (s 2)\nPublic Sector Employment and Management (Consequential Amendments) Act 1993\n(Act No. 28, 1993)\nAssent date 30 June 1993\nCommenced 1 July 1993 (s 2, s 2 Public Sector Employment and\nManagement Act 1993 (Act No. 11, 1993) and Gaz S53,\n29 June 1993)\nMedical Services Amendment Act 1993 (Act No. 80, 1993)\nAssent date 13 December 1993\nCommenced 13 December 1993\nLaw Reform (Gender, Sexuality and De Facto Relationships) Act 2003 (Act No. 1, 2004)\nAssent date 7 January 2004\nCommenced 17 March 2004 (Gaz G11, 17 March 2004, p 8)\n\nENDNOTES\nMedical Services Act 1982 16\nStatute Law Revision Act 2005 (Act No. 44, 2005)\nAssent date 14 December 2005\nCommenced 14 December 2005\nMedical Services Amendment Act 2006 (Act No. 33, 2006)\nAssent date 3 November 2006\nCommenced 20 December 2006 (s 2, s 2 Criminal Reform Amendment Act\n(No. 2) 2006 (Act No. 34, 2006) and Gaz G51\n20 December 2006, p 2)\nHealth Practitioner (National Uniform Legislation) Implementation Act 2010 (Act No. 18,\n2010)\nAssent date 20 May 2010\nCommenced 1 July 2010 (s 2)\nPrivate Hospitals and Private Nursing Homes Amendment Act 2011 (Act No. 16, 2011)\nAssent date 20 May 2011\nCommenced 20 May 2011\nPenalties Amendment (Children and Families, Health and Primary Industry, Fisheries\nand Resources) Act 2011 (Act No. 28, 2011)\nAssent date 31 August 2011\nCommenced 21 September 2011 (Gaz G38, 21 September 2011, p 4)\nHealth Services Act 2014 (Act No. 18, 2014)\nAssent date 2 June 2014\nCommenced 1 July 2014 (Gaz S42, 24 June 2014)\nMedical Services Legislation Amendment Act 2017 (Act No. 3, 2017)\nAssent date 10 March 2017\nCommenced 10 August 2017 (Gaz S58, 10 August 2017, p 1)\nStatute Law Revision Act 2017 (Act No. 4, 2017)\nAssent date 10 March 2017\nCommenced 12 April 2017 (Gaz G15, 12 April 2017, p 3)\nTermination of Pregnancy Law Reform Act 2017 (Act No. 7, 2017)\nAssent date 24 April 2017\nCommenced 1 July 2017 (Gaz S38, 28 June 2017)\nStatute Law Revision Act 2018 (Act No. 10, 2018)\nAssent date 23 May 2018\nCommenced 20 June 2018 (Gaz S41, 20 June 2018)\nHealth Practitioner Regulation (National Uniform Legislation) and Other Legislation\nAmendment Act 2018 (Act No. 28, 2018)\nAssent date 30 November 2018\nCommenced 1 December 2018 (s 2)\nMedical Services Amendment Act 2019 (Act No. 17, 2019)\nAssent date 30 May 2019\nCommenced 31 May 2019 (s 2)\nHealth Service Act 2021 (Act No. 10, 2021)\nAssent date 20 May 2021\nCommenced 1 July 2021 (s 2)\n\nENDNOTES\nMedical Services Act 1982 17\nBurial and Cremation Act 2022 (Act No. 16, 2022)\nAssent date 9 August 2022\nCommenced 28 November 2022 (Gaz S60, 23 November 2022)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 4, 5, 9 and 16.\n4 LIST OF AMENDMENTS\ns 3 amd No. 4, 2017, s 34\ns 4 amd No. 33, 2006, s 4\nsub No. 16, 2011, s 18\ns 4A ins No. 17, 2019, s 4\ns 5 amd No. 75, 1991, s 3; No. 82, 1991, s 9; No. 28, 1993, s 3; No. 1, 2004,\ns 62; No. 44, 2005, s 22; No. 18, 2010, s 89; No. 4, 2017, s 34; No. 3, 2017,\ns 4; No. 28, 2018, s 25; No. 17, 2019, s 5\ns 5A ins No. 3, 2017, s 5\ns 6 amd No. 80, 1993, s 2; No. 4, 2017, s 34\nsub No. 17, 2019, s 6\ns 7 amd No. 4, 2017, s 34\ns 8 amd No. 18, 2014, s 97; No. 4, 2017, s 34; No. 3, 2017, s 6; No. 10, 2021,\ns 46\ns 9 amd No. 66, 1988, s 6; No. 28, 1993, s 3; No. 4, 2017, s 34; No. 17, 2019, s 7\ns 10 amd No. 4, 2017, s 34\nrep No. 17, 2019, s 8\ns 11 rep No. 66, 1988, s 6\nins No. 33, 2006, s 5\nrep No. 7, 2017, s 22\ns 12 amd No. 4, 2017, s 34\ns 13 amd No. 17, 2019, s 13\ns 14 amd No. 17, 2019, s 9; No. 16, 2022, s 222\ns 15 amd No. 4, 2017, s 34; No. 17, 2019, s 13\nptIIIA ins No. 3, 2017, s 7\nss 15A – 15E ins No. 3, 2017, s 7\ns 16 amd No. 4, 2017, s 34\ns 17 amd No. 4, 2017, s 34; No. 17, 2019, s 10\ns 18 amd No. 28, 2011, s 4; No. 17, 2019, s 13\ns 19 ins No. 3, 2017, s 8\namd No. 10, 2018, s 6\ns 20 ins No. 17, 2019, s 11\nsch 2 ins No. 80, 1993, s 3\nrep No. 17, 2019, s 12","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 1982 Act focused primarily on hospital administration and fee recovery. Over 40 years of amendments, the scope has expanded significantly to include: (1) compliance with the National Health Agreement (section 4A, added 2019) tying NT health provision to federal funding frameworks; (2) detailed administrative enforcement powers with authorised officers, identity cards, and specific offences (Part IIIA, added 2017); (3) expanded private practitioner access including non-medical allied health providers (section 17(5), added 2019); (4) by-law making powers for facility management (section 19, added 2017); and (5) validation of historical charges with retrospective effect (section 20, added 2019). The Act has evolved from a simple hospital management statute to a comprehensive health system governance framework."},"complexity_factors":["Moderate length (20 sections plus schedules) but relatively straightforward structure","15 defined terms in section 5, including cross-references to other legislation (e.g., Health Practitioner Regulation National Law, Motor Vehicles Act 1949)","Some conditional logic in fee recovery (section 13) with tiered liability (patient → dependant → parent/guardian)","Nested exceptions in offence provisions (sections 15D and 15E) with strict liability elements and specific knowledge requirements","Cross-referencing to Commonwealth legislation (Aged Care Act 1997, National Health Agreement) and other NT Acts","Validation clause (section 20) with retrospective effect creates temporal complexity","Delegation provisions (section 8) specifically exclude certain powers, creating carve-outs"],"plain_english_summary":"**What this law does:**\n\nThis is the Northern Territory's main law for running public hospitals, nursing homes, and health services. It sets up the legal framework for how the Territory provides medical care, who pays for it, and how health facilities are managed.\n\n**Key things it covers:**\n\n*   **Running health facilities:** The Minister can declare hospitals, nursing homes, and health centres, and set fees for services. The CEO (Chief Executive Officer) manages these facilities day-to-day.\n*   **Who pays:** Generally, patients (or their parents/guardians if they're children) must pay fees for medical services. These fees can be recovered as debts. However, the Minister or CEO can remit (waive) or postpone fees for people who can't afford them.\n*   **Transport:** The CEO can arrange and pay for patients to be transported for medical treatment, including flying people interstate if necessary, along with an attendant if needed.\n*   **Private doctors in public hospitals:** Private dentists and doctors can get approval to treat patients in public hospitals and nursing homes, subject to conditions and the authority of the hospital's person in charge.\n*   **Enforcement:** The Act creates offences for obstructing authorised officers, giving them misleading information, or failing to return identity cards. It also allows for regulations and by-laws covering things like parking, smoking, and conduct in health facilities.\n*   **Burial costs:** The Territory can recover costs for burying or disposing of remains as if it were a medical debt.\n\n**Who it affects:**\n\n*   Anyone using Northern Territory public hospitals or health services\n*   Parents/guardians of children receiving treatment\n*   Private medical practitioners wanting to work in public facilities\n*   Health service administrators and staff\n\n**Why it matters:**\n\nThis Act underpins the entire public health system in the NT. It determines how services are delivered, how they're paid for, and the balance between public and private provision of care in public facilities. The 2019 amendments added important compliance requirements with the National Health Agreement (which governs how federal funding flows to states and territories) and strengthened administrative enforcement powers."},"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"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Act remains focused on establishing and running Territory‑provided medical services, recovering fees, and regulating use of Territory facilities. Amendments over time have added administrative, enforcement and operational detail — for example, authorised officer powers and identity cards (ss 15A–15C), links to the National Health Agreement (s 4A), and validation of prior charges (s 20) — but these changes elaborate administration and enforcement rather than substantially altering the Act’s original subject‑matter. In short, the core scope (management and regulation of Territory medical services) has been preserved; the legislation’s reach has been extended in administrative detail rather than converted to a materially different purpose."},"complexity_factors":["Moderate length (20+ sections plus Schedule) with multiple Parts (I–IV)","Around 20 defined terms in the Interpretation section (s 5) and cross-references to other Acts (Health Practitioner Regulation National Law, Criminal Code, National Health Agreement, Burial and Cremation Act)","Several discretionary powers concentrated in Minister and CEO (fee-setting, declarations, approvals, remissions) creating conditional logic across provisions (ss 6,7,15,17)","Nested obligations and liabilities for payment (patient, dependant, parent/guardian) with late-payment additions and possible Regulation variation (s 13)","Administrative enforcement additions (ss 15A–15E) with criminal penalties and strict‑liability elements that increase legal risk and interpretation questions","Delegation and by‑law powers (s 8, s 19) create subordinate rule-making layers to check for consistency","Interplay with Commonwealth instruments — adoption of Commonwealth fees by reference (s 6(4)(b)) — increases external dependency and complexity","Liability limit for patient transport and attendant exceptions (s 9(4)) introduce conditional liability rules"],"plain_english_summary":"**What this law does (mechanically)**\n\n- Establishes how the Northern Territory (the Territory) provides and runs public medical services such as hospitals, nursing homes and health centres (ss 6, 7).  The Minister may declare premises to be hospitals, nursing homes or health centres (s 6(2)).\n\n- Gives the Minister power to set fees and charges for medical services, to waive or vary those fees for particular classes of patient or places, and to adopt Commonwealth fee schedules by reference (s 6(3)–(4)).  Fees and charges payable under the Act are recoverable as a debt owing to the Territory (s 12).  The Act sets who is liable for payment (the patient, a dependant, or parents/guardians in the case of infants) and an automatic additional-charge mechanism for late payment (s 13).  The Minister and the Chief Executive Officer (CEO) have power to remit or postpone fees (s 15).\n\n- Makes the CEO responsible for day-to-day management of Territory hospitals, nursing homes and medical services, including appointing persons in charge, authorising people to recover fees, and instituting proceedings for breaches (s 7).  The CEO may delegate most powers (s 8).\n\n- Authorises the CEO to provide or authorise transport for patients inside or outside the Territory, and to authorise an attendant where necessary; it also limits the Territory’s liability for injuries caused by the transport in specified circumstances (s 9).\n\n- Regulates private practitioners who wish to use Territory facilities: the CEO may approve private dentists, medical practitioners and certain other health service providers to attend patients in declared premises, impose conditions (including fees for facility use), require medical records to be kept to standards, and suspend or withdraw approvals for non‑compliance (s 17).\n\n- Creates administrative enforcement tools: appointment and identification of authorised officers (ss 15A–15C), and criminal offences (with penalties) for obstructing an authorised officer or providing materially misleading information or documents to an authorised officer (ss 15D–15E).  The Criminal Code’s general principles apply to offences under this Act (s 5A).\n\n- Enables the CEO to make by‑laws for declared premises about traffic, parking and conduct, including fines (s 19), and enables the Administrator to make Regulations covering operational matters such as admissions, staff conduct, patient accommodation, and exemptions from fees (s 18).\n\n- Validates certain earlier charges determined under the Act before a specified amendment (s 20).\n\n\n**Who this affects**\n\n- Patients receiving medical services from Territory-provided hospitals, nursing homes and clinics — they are the primary persons liable to pay fees unless exempted (ss 12–13).\n- Dependants, parents or guardians who may be secondarily liable for patients’ fees (s 13).\n- Private medical practitioners, dentists and other health professionals who wish to practise at Territory facilities: they require approval and are subject to conditions and facility charges (s 17).\n- The Minister and the CEO, who make and implement decisions about declarations, fees, approvals, by‑laws and enforcement (ss 6–7, 17, 18–19).\n- Persons appointed as authorised officers and anyone interacting with them (ss 15A–15E).\n\n\n**Why it matters (purpose claims and practical effects)**\n\nThe Act is framed to allow the Territory to run and regulate public medical services, to recover the costs of those services, and to control use of Territory facilities by private practitioners (see ss 6, 7, 12–13, 17).  The Act also requires administrators to have regard to Medicare principles in the National Health Agreement \"as far as possible\" when administering the Act and providing services (s 4A).\n\nTesting those purpose claims against concrete mechanisms:\n\n- Who pays: the statutory framework makes patients (and sometimes their dependants, parents or guardians) liable for fees and gives the Territory legal tools to recover unpaid fees as a debt (ss 12–13).  The Minister/CEO can forgive or postpone fees (s 15), which preserves discretionary relief but centralises decision-making.\n\n- Who decides: the Minister sets high‑level policy levers (declare premises, set fees, adopt Commonwealth rates) and the CEO runs operations and enforces compliance, including delegating powers and making by‑laws for declared premises (ss 6, 7, 8, 19).  That concentrates operational discretion in the executive branch.\n\n- Effects on private practitioners and private-sector activity: private hospitals and Commonwealth‑approved residential aged‑care facilities are excluded from the Act (s 4).  Private practitioners may use Territory facilities but must be approved, comply with conditions (including record-keeping) and may be charged for facility use — this allows the Territory to regulate access and extract fees for public‑facility usage (s 17).\n\n- Incentives and trade‑offs: charging and debt recovery create incentives for cost-recovery by the Territory but also raise patient out-of-pocket costs, which may affect demand for public services.  The Minister’s ability to adopt Commonwealth fee schedules (s 6(4)(b)) can reduce duplication but may tie Territory fees to Commonwealth policy.  Remission powers (s 15) permit targeted relief but introduce administrative discretion and workload.\n\n- Enforcement and compliance burden: the Act creates criminal offences (obstruction and giving materially misleading information) with significant penalties (ss 15D–15E), and requires visiting practitioners and private nurses to meet record-keeping and conduct standards (s 17).  Those provisions support enforceability but increase administrative compliance costs for practitioners and for Territory staff who must manage approvals and enforcement.\n\n- Implementation risk and liability limits: the CEO can authorise transport for out‑of‑Territory treatment and return (s 9).  The Act limits Territory liability for injuries attributable to that transport except where an attendant is a public sector employee (s 9(4)), which shifts certain risks away from the Territory and onto patients or insurers.\n\n\n**Other operational features to note**\n\n- The Act cross-references and interacts with other laws: the Health Practitioner Regulation National Law (for who counts as a registered practitioner), the Criminal Code (general criminal principles), the National Health Agreement (Medicare principles) and the Burial and Cremation Act in relation to recovery of burial expenses (see ss 5, 5A, 4A, 14).\n\n- The CEO’s broad delegation power (s 8) and the ability to make by‑laws for declared premises (s 19) devolve much day‑to‑day rule‑making to the executive.\n\n\n**Concrete costs and incentives summarised**\n\n- Who pays: patients and potentially their dependants/guardians (ss 12–13).  The Territory collects fees and can add periodic penalties for late payment (s 13(4)).\n- Who benefits: the Territory (through recovery of costs and control over facility use), and approved private practitioners who gain access to public facilities subject to fees and conditions (s 17).\n- Bureaucratic discretion and administrative burden: Minister and CEO discretion over declarations, fees, approvals, remission, by‑laws and enforcement concentrates decision-making and generates administrative work (ss 6–7, 15, 17–19).\n- Compliance burdens for practitioners: approvals, record‑keeping standards and potential facility-use charges (s 17).\n\n\n**Key sections for a quick look**\n\n- Exclusions (private hospitals, approved aged‑care): s 4\n- Medicare/National Health Agreement link: s 4A\n- Minister’s powers and fee-setting: s 6\n- CEO responsibilities and fee recovery: s 7\n- Patient transport (including outside Territory) and liability limits: s 9\n- Recovery of fees, liability, late additions and remission: ss 12–15\n- Authorised officers and offences for obstruction/misleading information: ss 15A–15E\n- Visiting private practitioner approvals and facility charges: s 17\n- By‑laws and Regulations: ss 18–19\n- Validation of earlier charges: s 20"}},"importantCases":[],"_links":{"self":"/api/acts/medical-services-act-1982","history":"/api/acts/medical-services-act-1982/history","analysis":"/api/acts/medical-services-act-1982/analysis","conflicts":"/api/acts/medical-services-act-1982/conflicts","importantCases":"/api/acts/medical-services-act-1982/important-cases","documents":"/api/acts/medical-services-act-1982/documents"}}