{"id":"tas:act-2012-016","name":"National Health Funding Administration Act 2012","slug":"national-health-funding-administration-act-2012","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"16 of 2012","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31797,"registerId":"tas-act-2012-016-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [National Health Funding Administration Act 2012](/view/html/inforce/2026-04-12/act-2012-016) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This Act commences on the day on which this Act receives the Royal Assent or 1 July 2012, whichever is the later.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> > (1)  In this Act –\n> > \n> > > ***Administrator*** means the Administrator of the National Health Funding Pool appointed under [section 5](#GS5@EN) and under the corresponding provision of the laws of the Commonwealth and the other States;\n> > \n> > > ***COAG*** means the Council of Australian Governments;\n> > \n> > > ***function*** includes a power, authority or duty;\n> > \n> > > ***local hospital network*** means an organisation that is a local hospital network (however described) for the purposes of the National Health Reform Agreement;\n> > \n> > > ***National Health Funding Pool*** means the combined State Pool Accounts for each State;\n> > \n> > > ***National Health Reform Agreement*** means the National Health Reform Agreement between the Commonwealth and the States that was agreed to by COAG on 2 August 2011, as amended from time to time;\n> > \n> > > ***responsible Minister*** for a jurisdiction means the relevant Minister with portfolio responsibility for the administration of the provision of this Act in which the expression occurs (or of the corresponding provision of the laws of the Commonwealth and the other States);\n> > > \n> > > | Note See also section 29 . |\n> > \n> > > ***Secretary of the Department*** means the Secretary, under the *State Service Act 2000*, of the department responsible, to the Minister to whom the administration of this Act is assigned, in relation to the administration of this Act;\n> > \n> > > ***Standing Council on Health*** means (subject to [subsection (2)](#GS3@Gs2@EN) ) the Ministerial Council by that name or, if there is no such Ministerial Council, the standing Ministerial Council established or recognised by COAG whose members include all Ministers in Australia having portfolio responsibility for health;\n> > \n> > > ***State*** includes the Australian Capital Territory and the Northern Territory;\n> > \n> > > ***State Managed Fund*** of a State means a bank account or fund established or designated by the State for the purposes of health funding under the National Health Reform Agreement that is required to be undertaken in the State through a State Managed Fund;\n> > \n> > > ***State Pool Account*** of a State means the bank account established by the State under [Part 3](#HP3@EN) or under the corresponding provisions of the law of another State.\n> \n> > (2)  The Standing Council on Health, when acting under this Act, is to be constituted only by a single Minister for the Commonwealth and a single Minister for each of the States, and any reference in this Act to a member of that Council is to be construed as a reference to those Ministerial members only.\n> \n> > (3)  If there are 2 or more Ministers for the Commonwealth or for a State who are members of the Standing Council on Health, the relevant Minister for the purposes of this Act is the Minister having primary portfolio responsibility for health in his or her jurisdiction.\n> \n> > (4)  A reference in this Act to the agreement of, or a request by, a member of the Standing Council on Health is a reference to an agreement or request in writing.\n> \n> > (5)  This Act is to be interpreted in accordance with Schedule 7 to the Health Practitioner Regulation National Law (Tasmania) and, for that purpose, Schedule 7 applies as if references to this Law or a Queensland Act were references to this Act or an Act of this jurisdiction, and with all other necessary modifications.\n> \n> > (6)  The [Acts Interpretation Act 1931](/view/html/inforce/2026-04-12/act-1931-059) does not apply in respect of this Act.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Administrator of the National Health Funding Pool","content":"# Part 2 Administrator of the National Health Funding Pool","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"The office of Administrator","content":"### 4 The office of Administrator\n\n> > (1)  The office of Administrator of the National Health Funding Pool is established by this Act.\n> \n> > (2)  It is the intention of Parliament that the same individual holds the office established under [subsection (1)](#GS4@Gs1@EN) and under the corresponding provision of the law of the Commonwealth and the other States.\n> \n> > (3)  The Administrator appointed under this Act may exercise and perform the functions of the Administrator in relation to –\n> > \n> > > > (a) one jurisdiction; or\n> > > \n> > > > (b) 2 or more or all jurisdictions collectively.\n> \n> > (4)  A reference in a provision of this Act (other than in [section 10(1)](#GS10@Gs1@EN) or [Part 3](#HP3@EN) ) to a function of the Administrator under this Act includes a reference to a function of the Administrator under the corresponding provision of the law of the Commonwealth and the other States.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Appointment of Administrator","content":"### 5 Appointment of Administrator\n\n> > (1)  The Minister for this jurisdiction who is a member of the Standing Council on Health is to appoint an individual to the office of the Administrator of the National Health Funding Pool under this Act.\n> \n> > (2)  Before the appointment is made, the Chair of the Standing Council on Health is to give each member of the Council an opportunity to nominate an individual for appointment.\n> \n> > (3)  The appointment is not to be made unless all the members of the Standing Council on Health have agreed on the individual who will be appointed as Administrator, the date that the appointment will take effect, the period of appointment and the conditions of appointment.\n> \n> > (4)  The appointment is to be made by instrument in writing.\n> \n> > (5)  The Administrator is to be appointed (subject to [subsection (3)](#GS5@Gs3@EN) ) for the period, not exceeding 5 years, and on the conditions specified in his or her instrument of appointment, but is eligible for re-appointment.\n> \n> > (6)  The Administrator is entitled to the remuneration determined in accordance with the law of the Commonwealth.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Suspension of Administrator","content":"### 6 Suspension of Administrator\n\n> > (1)  The Chair of the Standing Council on Health is required to suspend the Administrator from office if requested to do so by –\n> > \n> > > > (a) at least 3 members of the Council who are Ministers of a State; or\n> > > \n> > > > (b) the member of the Council who is a Minister of the Commonwealth.\n> \n> > (2)  A member of the Standing Council on Health is not to request the suspension of the Administrator unless the member is satisfied that the Administrator –\n> > \n> > > > (a) is, because of any physical or mental incapacity or otherwise, unable to perform his or her functions satisfactorily; or\n> > > \n> > > > (b) has failed to comply with his or her obligations or duties as Administrator; or\n> > > \n> > > > (c) has been accused or convicted of an offence that carries a penalty of imprisonment; or\n> > > \n> > > > (d) has or may become bankrupt.\n> \n> > (3)  A suspension is to be effected by an instrument in writing and is to be notified by the Chair of the Standing Council on Health to all members of the Council.\n> \n> > (4)  A suspension is terminated after a period of suspension of 60 days unless before the end of that period the Administrator is removed or resigns from office or a majority of the members of the Standing Council on Health –\n> > \n> > > > (a) terminate the suspension; or\n> > > \n> > > > (b) extend the suspension for a specified further period.\n> \n> > (5)  Despite [subsection (1)](#GS6@Gs1@EN) , the Chair of the Standing Council on Health is not to suspend the Administrator from office within the period of 90 days after an earlier period of suspension was terminated unless a majority of the members of the Council request the Chair to do so.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Removal or resignation of Administrator","content":"### 7 Removal or resignation of Administrator\n\n> > (1)  The Minister for this jurisdiction who is a member of the Standing Council on Health is required to remove the Administrator from office if a majority of the members of the Council agree to the Administrator's removal from office.\n> \n> > (2)  The Administrator is to be removed from office by an instrument in writing that takes effect on the date agreed to by the majority of the members of the Standing Council on Health.\n> \n> > (3)  The Administrator may resign as Administrator by notice in writing to the Chair of the Standing Council on Health.\n> \n> > (4)  The resignation of the Administrator takes effect on the date notified by the Chair of the Standing Council on Health to all members of the Council.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Acting Administrator","content":"### 8 Acting Administrator\n\n> > (1)  The Chair of the Standing Council on Health may, from time to time, appoint an individual to act as the Administrator during any period when the office is vacant or the holder of the office is suspended or absent from duty.\n> \n> > (2)  Any such appointment may only be made from a panel of persons, and in accordance with the procedure, agreed to by all the members of the Standing Council on Health.\n> > \n> > > > Note\n> > > \n> > > The applied provisions of Schedule 7 to the Health Practitioner Regulation National Law (Tasmania) (clause 27) contain additional provisions relating to acting appointments that have effect subject to this section.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Provision of staff and facilities for Administrator","content":"### 9 Provision of staff and facilities for Administrator\n\n> > (1)  Staff and facilities to assist the Administrator in exercising or performing his or her functions under this Act are to be provided by the National Health Funding Body constituted under the *National Health Reform Act 2011* of the Commonwealth.\n> \n> > (2)  The Administrator is not entitled to delegate a function conferred on the Administrator under this Act to that body, to any such member of staff or to any other person or body.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Functions of Administrator","content":"### 10 Functions of Administrator\n\n> > (1)  The Administrator is –\n> > \n> > > > (a) to calculate and advise the Treasurer of the Commonwealth of the amounts required to be paid by the Commonwealth into each State Pool Account of the National Health Funding Pool under the National Health Reform Agreement (including advice on any reconciliation of those amounts based on subsequent actual service delivery); and\n> > > \n> > > > (b) to monitor State payments into each State Pool Account for the purposes of [Part 4](#HP4@EN) ; and\n> > > \n> > > > (c) to make payments from each State Pool Account in accordance with the directions of the State concerned; and\n> > > \n> > > > (d) to report publicly on the payments made into and from each State Pool Account and other matters on which the Administrator is required to report under this Act; and\n> > > \n> > > > (e) to exercise or perform any other functions conferred on the Administrator under this Act.\n> > \n> > > > Note\n> > > \n> > > The corresponding legislation of the Commonwealth will provide that the functions of the Administrator include monitoring Commonwealth payments into each State Pool Account for the purposes of [Part 4](#HP4@EN) .\n> \n> > (2)  The Administrator and the body and staff assisting the Administrator are not subject to the control or direction of any Minister of the Commonwealth in relation to the exercise or performance of the Administrator's functions under this Act.\n> \n> > (3)  However, the Administrator is required to comply with any directions given by COAG in relation to the manner in which the Administrator exercises or performs his or her functions under this Act (including in relation to the preparation or provision of annual or monthly reports, financial statements or information under [Part 4](#HP4@EN) ).\n> \n> > (4)  Directions given by COAG under [subsection (3)](#GS10@Gs3@EN)  –\n> > \n> > > > (a) are to be given in accordance with a written resolution of COAG passed in accordance with the procedures determined by COAG; and\n> > > \n> > > > (b) are to be notified in writing to the Administrator; and\n> > > \n> > > > (c) are to be made publicly available by the Administrator.\n> \n> > (5)  To avoid doubt, this Act is not intended –\n> > \n> > > > (a) to give the Commonwealth ownership or control of money in a State Pool Account; or\n> > > \n> > > > (b) to affect the obligation of the Administrator under the law of a State to make payments from the State Pool Account of the State in accordance with the directions of the State.\n> \n> > (6)  To avoid doubt, the Administrator may have regard to information obtained in the exercise or performance of functions under the law of another jurisdiction in the exercise or performance of the Administrator's functions under [Part 4](#HP4@EN) .","sortOrder":11},{"sectionNumber":"Part 3","sectionType":"part","heading":"State Pool Accounts – the National Health Funding Pool","content":"# Part 3 State Pool Accounts – the National Health Funding Pool","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Establishment of State Pool Accounts with Reserve Bank","content":"### 11 Establishment of State Pool Accounts with Reserve Bank\n\n> > (1)  The Secretary of the Department is to open and maintain with the Reserve Bank of Australia a separate State bank account for the purpose of the National Health Reform Agreement.\n> \n> > (2)  The bank account is the State Pool Account established for the State for the purposes of this Act.","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Payments into State Pool Account","content":"### 12 Payments into State Pool Account\n\n> There is payable into the State Pool Account established for the State –\n> \n> > > (a) money paid to the State by the Commonwealth for payment into the State Pool Account under the National Health Reform Agreement; and\n> > \n> > > (b) money made available by the State for the purposes of funding in the State through the State Pool Account under the National Health Reform Agreement; and\n> > \n> > > (c) money paid to the State by another State for payment into the State Pool Account under the National Health Reform Agreement; and\n> > \n> > > (d) interest paid on money deposited in the State Pool Account, unless directed by the responsible Minister for the State to be paid into another bank account.","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Payments from State Pool Account","content":"### 13 Payments from State Pool Account\n\n> > (1)  There is payable from the State Pool Account established for the State amounts to fund the following in the State under the National Health Reform Agreement (including through a State Managed Fund):\n> > \n> > > > (a) the services provided by local hospital networks;\n> > > \n> > > > (b) health teaching, training and research provided by local hospital networks or other organisations;\n> > > \n> > > > (c) any other matter that under that Agreement is to be funded through the National Health Funding Pool.\n> \n> > (2)  Payments of amounts from the State Pool Account established for the State are to be made by the Administrator strictly in accordance with the directions of the responsible Minister for the State, including on the amount of each payment, the party or account to which it is to be paid and the timing of the payment.\n> \n> > (3)  The Administrator is required to authorise personally each payment made from the State Pool Account.\n> \n> > (4)  The Administrator is, at the direction of the responsible Minister for the State, to repay any money paid by the State into the State Pool Account for the State that the responsible Minister is satisfied constitutes an overpayment into that Account.\n> \n> > (5)  This section does not affect the payment from the State Pool Account of charges imposed by the Reserve Bank of Australia for the operation of that Account.\n> \n> > (6)  This section does not require the payment for services and matters referred to in [subsection (1)](#GS13@Gs1@EN) to be made only from the State Pool Account.\n> \n> > (7)  For the purposes of this section, the funding of a local hospital network includes the funding of another party on behalf of the network for corporate or other services provided to the network by that other party.\n> \n> > (8)  If at any time when a payment from the State Pool Account is required to be made there is no Administrator or the Administrator is not available to make the payment at that time, the payment from that Account may be made by an official of this State who is directed by the responsible Minister for the State to make the payment.","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"State Managed Funds","content":"### 14 State Managed Funds\n\n> The Secretary of the Department is to –\n> \n> > > (a) open and maintain a separate bank account; or\n> > \n> > > (b) establish and maintaina separate fund; or \n> > \n> > > (c) designate an existing bank account or fund –\n> \n> as the State Managed Fund for the State for the purposes of health funding under the National Health Reform Agreement.","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Distribution of Commonwealth funding","content":"### 15 Distribution of Commonwealth funding\n\n> > (1)  Directions by the responsible Minister for the State to the Administrator for payments from the State Pool Account are, in relation to the distribution of Commonwealth funding provided to the State under the National Health Reform Agreement, to be consistent with the advice provided by the Administrator to the Treasurer of the Commonwealth about the basis on which the Administrator has calculated the payments to be made into that Account by the Commonwealth.\n> \n> > (2)  This section does not affect the obligation of the Administrator to make payments from the State Pool Account strictly in accordance with the directions of the responsible Minister for the State.","sortOrder":17},{"sectionNumber":"Part 4","sectionType":"part","heading":"Financial Management and Reporting","content":"# Part 4 Financial Management and Reporting","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"Financial management obligations of Administrator","content":"### 16 Financial management obligations of Administrator\n\n> The Administrator must –\n> \n> > > (a) develop and apply appropriate financial management policies and procedures with respect to the State Pool Accounts (including policies and procedures to ensure payments from those Accounts are made in accordance with the directions of the responsible Ministers); and\n> > \n> > > (b) keep proper records in relation to the administration of the State Pool Accounts, including records of all payments made into and from those Accounts and the basis on which the payments were made; and\n> > \n> > > (c) prepare the financial statements required by this Part in relation to the State Pool Accounts and arrange for the audit of those financial statements in accordance with this Part.","sortOrder":19},{"sectionNumber":"17","sectionType":"section","heading":"Monthly reports by Administrator","content":"### 17 Monthly reports by Administrator\n\n> > (1)  The Administrator must provide monthly reports to the Commonwealth and each State containing the following information for the relevant month:\n> > \n> > > > (a) the amounts paid into each State Pool Account and State Managed Fund by the relevant State and the basis on which the payments were made;\n> > > \n> > > > (b) the amounts paid into each State Pool Account by the Commonwealth and the basis on which the payments were made;\n> > > \n> > > > (c) the amounts paid from each State Pool Account to local hospital networks, a State Managed Fund or other organisations or funds and the basis on which the payments were made;\n> > > \n> > > > (d) the amounts paid from each State Managed Fund to local hospital networks or other organisations or funds and the basis on which the payments were made;\n> > > \n> > > > (e) the number of public hospital services funded for each local hospital network (including a running financial year total) in accordance with the system of activity based funding;\n> > > \n> > > > (f) the number of other public hospital services and functions funded from each State Pool Account or State Managed Fund (including a running financial year total).\n> \n> > (2)  A monthly report required to be provided to a jurisdiction under this section is to be provided to the responsible Minister for that jurisdiction or to a body or officer notified to the Administrator by that Minister.\n> \n> > (3)  The Administrator is to make reports provided under this section publicly available.","sortOrder":20},{"sectionNumber":"18","sectionType":"section","heading":"Annual report by Administrator","content":"### 18 Annual report by Administrator\n\n> > (1)  The Administrator must, within 4 months after the end of each financial year, provide to the responsible Ministers an annual report on the exercise or performance of his or her functions under this Act during the financial year.\n> \n> > (2)  The annual report must include the following information for the relevant financial year:\n> > \n> > > > (a) the amounts paid into each State Pool Account and State Managed Fund by the relevant State and the basis on which the payments were made;\n> > > \n> > > > (b) the amounts paid into each State Pool Account by the Commonwealth and the basis on which the payments were made;\n> > > \n> > > > (c) the amounts paid from each State Pool Account to local hospital networks, a State Managed Fund or other organisations or funds and the basis on which the payments were made;\n> > > \n> > > > (d) the amounts paid from each State Managed Fund to local hospital networks or other organisations or funds and the basis on which the payments were made;\n> > > \n> > > > (e) the number of public hospital services funded for each local hospital network in accordance with the system of activity based funding;\n> > > \n> > > > (f) the number of other public hospital services and functions funded from each State Pool Account or State Managed Fund.\n> \n> > (3)  The annual report is to be accompanied by –\n> > \n> > > > (a) an audited financial statement for each State Pool Account; and\n> > > \n> > > > (b) a financial statement that combines the audited financial statements for each State Pool Account.\n> \n> > (4)  A responsible Minister must, as soon as practicable after receiving an annual report under this section, cause a copy of the report to be tabled in the Parliament of the responsible Minister’s jurisdiction.","sortOrder":21},{"sectionNumber":"19","sectionType":"section","heading":"Administrator to prepare financial statements for State Pool Accounts","content":"### 19 Administrator to prepare financial statements for State Pool Accounts\n\n> The Administrator must, after each financial year, prepare –\n> \n> > > (a) a financial statement for each State Pool Account that details financial transactions during that financial year; and\n> > \n> > > (b) a combined financial statement that consists of the financial statements for each State Pool Account for the financial year.","sortOrder":22},{"sectionNumber":"20","sectionType":"section","heading":"Audit of financial statements","content":"### 20 Audit of financial statements\n\n> A financial statement under this Part for the State Pool Account of a State is to be audited by the Auditor-General of that State in accordance with the relevant legislation of that State relating to financial audit by the Auditor-General.","sortOrder":23},{"sectionNumber":"21","sectionType":"section","heading":"Performance audits","content":"### 21 Performance audits\n\n> > (1)  For the purposes of this section, a ***performance audit*** is an audit by the Auditor-General of a jurisdiction of the exercise or performance of the functions of the Administrator in relation to that jurisdiction to determine whether the Administrator is acting effectively, economically, efficiently and in compliance with all relevant laws.\n> \n> > (2)  Before the Auditor-General of this jurisdiction conducts a performance audit, the Auditor-General must notify the Auditors-General of all other jurisdictions of his or her intention to conduct the proposed audit.\n> \n> > (3)  Auditors-General who are conducting performance audits at the same time are to make arrangements to co-ordinate the conduct of those audits in relation to any requirements imposed on the Administrator.\n> \n> > (4)  A performance audit is to be conducted by the Auditor-General of this jurisdiction in accordance with the laws of this jurisdiction relating to the exercise or performance of the functions of the Auditor-General.","sortOrder":24},{"sectionNumber":"22","sectionType":"section","heading":"States to provide Administrator with information about State Managed Funds","content":"### 22 States to provide Administrator with information about State Managed Funds\n\n> > (1)  The responsible Minister for a State is to provide information to the Administrator about any of the following matters relating to the State Managed Fund of the State that the Administrator requires for the preparation of reports and financial statements under this Part:\n> > \n> > > > (a) the amounts paid by the State into the State Managed Fund and the basis on which the payments were made;\n> > > \n> > > > (b) the amounts paid by the State from the State Managed Fund to local hospital networks or other organisations or funds and the basis on which the payments were made;\n> > > \n> > > > (c) public hospital services and functions that are funded from the State Managed Fund.\n> \n> > (2)  The information is to be provided by the time requested by the Administrator.","sortOrder":25},{"sectionNumber":"23","sectionType":"section","heading":"Provision of information generally","content":"### 23 Provision of information generally\n\n> > (1)  The Administrator is required to provide to the responsible Minister for a jurisdiction any information requested by that responsible Minister that relates to that jurisdiction.\n> \n> > (2)  The information is to be provided by the time requested by that responsible Minister.\n> \n> > (3)  The Administrator is required to provide to the responsible Ministers of all jurisdictions a copy of advice provided by the Administrator to the Treasurer of the Commonwealth about the basis on which the Administrator has calculated the payments to be made into State Pool Accounts by the Commonwealth.\n> \n> > (4)  The Administrator may at any time provide any information that relates to a jurisdiction to the responsible Minister for that jurisdiction.\n> \n> > (5)  Any information relating to a jurisdiction that is provided by the Administrator to another jurisdiction may only be publicly released by that other jurisdiction in accordance with arrangements approved by the responsible Minister for the jurisdiction to which the information relates.","sortOrder":26},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous","content":"# Part 5 Miscellaneous","sortOrder":27},{"sectionNumber":"24","sectionType":"section","heading":"Exclusion of legislation of this jurisdiction","content":"### 24 Exclusion of legislation of this jurisdiction\n\n> > (1)  [*\\[Section 24 Subsection (1) amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019\\]*](/view/html/inforce/2019-07-01/act-2017-004#JS1@Ja76@GC1@Hpa@EN) The following Acts, or provisions of Acts, of this jurisdiction do not apply to or in respect of the Administrator or any function exercised or performed by the Administrator:\n> > \n> > > > (a) the [Ombudsman Act 1978](/view/html/inforce/2026-04-12/act-1978-082) ;\n> > > \n> > > > (b) the [Archives Act 1983](/view/html/inforce/2026-04-12/act-1983-076) ;\n> > > \n> > > > (c) the [Right to Information Act 2009](/view/html/inforce/2026-04-12/act-2009-070) ;\n> > > \n> > > > (d) the [Personal Information Protection Act 2004](/view/html/inforce/2026-04-12/act-2004-046) ;\n> > > \n> > > > (e) [*\\[Section 24 Subsection (1) amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019\\]*](/view/html/inforce/2019-07-01/act-2017-004#JS1@Ja76@GC1@Hpb@EN) [sections 13](/view/html/inforce/2026-04-12/act-2016-042#GS13@EN) , [14](/view/html/inforce/2026-04-12/act-2016-042#GS14@EN) , [15](/view/html/inforce/2026-04-12/act-2016-042#GS15@EN) , [16](/view/html/inforce/2026-04-12/act-2016-042#GS16@EN) , [50](/view/html/inforce/2026-04-12/act-2016-042#GS50@EN) , [51](/view/html/inforce/2026-04-12/act-2016-042#GS51@EN) , [56](/view/html/inforce/2026-04-12/act-2016-042#GS56@EN) , [57](/view/html/inforce/2026-04-12/act-2016-042#GS57@EN) , [58](/view/html/inforce/2026-04-12/act-2016-042#GS58@EN) and [59](/view/html/inforce/2026-04-12/act-2016-042#GS59@EN) and [Parts 4](/view/html/inforce/2026-04-12/act-2016-042#HP4@EN) and [5 of the](/view/html/inforce/2026-04-12/act-2016-042#HP5@EN) [Financial Management Act 2016](/view/html/inforce/2026-04-12/act-2016-042) .\n> \n> > (2)  A Minister, and a person acting on behalf of a Minister, is authorised to use and disclose information about a person if the use or disclosure is for the purposes of –\n> > \n> > > > (a) the exercise or performance of a function of the Minister under this Act or a corresponding law of the Commonwealth or another State; or\n> > > \n> > > > (b) the exercise or performance of a function of the Administrator under this Act.\n> \n> > (3)  The following Acts do not apply to or in respect of this Act (including any instrument made under this Act):\n> > \n> > > > (a) the [Rules Publication Act 1953](/view/html/inforce/2026-04-12/act-1953-050) ;\n> > > \n> > > > (b) the [Subordinate Legislation Act 1992](/view/html/inforce/2026-04-12/act-1992-030) .","sortOrder":28},{"sectionNumber":"25","sectionType":"section","heading":"Application of Commonwealth Acts","content":"### 25 Application of Commonwealth Acts\n\n> > (1)  The following Acts apply (subject to [subsection (2)](#GS25@Gs2@EN) ) as laws of this jurisdiction to or in respect of the Administrator and any function exercised or performed by the Administrator:\n> > \n> > > > (a) the *Archives Act 1983* of the Commonwealth;\n> > > \n> > > > (b) the *Australian Information Commissioner Act 2010* of the Commonwealth;\n> > > \n> > > > (c) the *Freedom of Information Act 1982* of the Commonwealth;\n> > > \n> > > > (d) the *Ombudsman Act 1976* of the Commonwealth;\n> > > \n> > > > (e) the *Privacy Act 1988* of the Commonwealth.\n> \n> > (2)  Each of those Acts so applies subject to the modifications made by regulations made under the *National Health Reform Act 2011* of the Commonwealth with the agreement of all the members of the Standing Council on Health.","sortOrder":29},{"sectionNumber":"26","sectionType":"section","heading":"Extraterritorial operation of Act","content":"### 26 Extraterritorial operation of Act\n\n> It is the intention of Parliament that the operation of this Act is to include, as far as possible, operation in relation to the following:\n> \n> > > (a) things situated in or outside the territorial limits of this jurisdiction;\n> > \n> > > (b) acts, transactions and matters done, entered into or occurring in or outside the territorial limits of this jurisdiction;\n> > \n> > > (c) things, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this Act, be governed or otherwise affected by the law of another jurisdiction.","sortOrder":30},{"sectionNumber":"27","sectionType":"section","heading":"Act binds Crown","content":"### 27 Act binds Crown\n\n> This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.","sortOrder":31},{"sectionNumber":"28","sectionType":"section","heading":"Delegation of functions of responsible Minister","content":"### 28 Delegation of functions of responsible Minister\n\n> > (1)  The responsible Minister for this State may delegate to an authority or officer of the State the responsible Minister’s functions under this Act.\n> \n> > (2)  This section does not apply to the functions of a Minister under [Part 2](#HP2@EN) .","sortOrder":32},{"sectionNumber":"29","sectionType":"section","heading":"Transitional and validation provisions","content":"### 29 Transitional and validation provisions\n\n> > (1)  If, on the commencement of this Act, corresponding provisions to this Act have not been enacted by another jurisdiction, the responsible Minister for that jurisdiction for the purposes of this Act is the Minister of that jurisdiction with portfolio responsibility for health.\n> \n> > (2)  Anything done by a Minister of the Commonwealth or of a State before the commencement of this Act that would have been validly done if this Act, and the corresponding provisions of other jurisdictions, had been in force at the time is taken to have been validly done.","sortOrder":33},{"sectionNumber":"30","sectionType":"section","heading":"Administration of Act","content":"### 30 Administration of Act\n\n> Until provision is made in relation to this Act by order under [section 4](/view/html/inforce/2026-04-12/act-1990-004#GS4@EN) of the [Administrative Arrangements Act 1990](/view/html/inforce/2026-04-12/act-1990-004)  –\n> \n> > > (a) the administration of this Act is assigned to the Minister for Health; and\n> > \n> > > (b) the department responsible to that Minister in relation to the administration of this Act is the Department of Health and Human Services.","sortOrder":34}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act implements administrative arrangements for the National Health Reform Agreement by creating a single Administrator, State Pool Accounts and detailed reporting/audit rules. It explicitly preserves State control over funds and payments (s10(5)) and contains transitional provisions for corresponding laws in other jurisdictions (s29). The Act therefore does not expand scope beyond implementing the NHRA’s funding‑administration framework; it focuses on administration, reporting and audit rather than substantive policy changes."},"complexity_factors":["Inter‑jurisdictional appointment and removal mechanics requiring agreement of all Standing Council on Health members (s5(2)–(5), s6–7) increase coordination complexity.","Tension between Administrator independence from Commonwealth Ministers (s10(2)) and obligation to follow COAG directions on reporting (s10(3)–(4)).","Strict personal authorisation of payments by the Administrator and requirement to follow State Minister directions for payments create concentrated operational responsibility (s13(2)–(3)).","Extensive financial management, monthly and annual reporting and audit obligations impose continuous compliance burden (ss16–21, ss17–19).","Layered information‑access regime: many State Acts excluded for the Administrator while specified Commonwealth Acts apply subject to modifications (ss24–25), complicating disclosure rules.","Obligations on States to supply data for reporting and the Administrator’s duty to share advice with all Ministers create inter‑agency information flows and timing constraints (ss22–23).","Performance audit coordination across multiple Auditors‑General adds procedural complexity for reviewing effectiveness across jurisdictions (s21).","Delegation limits and staff/facilities arrangements (no delegation of Administrator’s functions to assisting staff; s9(1)–(2)) concentrate authority and may create single‑point bottlenecks.","Reliance on the National Health Reform Agreement and corresponding laws in other jurisdictions means legal effects depend on parallel enactments and regulatory modifications (s3 definitions, s29, ss25–26).","Extraterritorial application intent broadens legal scope, increasing interpretive complexity (s26)."],"plain_english_summary":"Establishes an independent Administrator to manage State Pool Accounts under the National Health Reform Agreement: calculate Commonwealth contributions, receive Commonwealth and State deposits, and make payments strictly on directions of each State’s responsible Minister (ss4–5,10,11–15).\n\nThe Administrator must keep records, personally authorise payments, produce monthly and annual reports with audited financial statements, supply information to Ministers, and comply with COAG directions about reporting (ss13,16–23). States provide the money and Ministers decide how it is spent."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"Based on available information, the Act appears to have remained consistent with its original intent as an administrative framework for national health funding participation. The version has been stable since 1 July 2019 with no significant scope changes identified, though the truncated source document limits confidence in this assessment."},"complexity_factors":["Operates within a complex intergovernmental (federal-state) funding framework requiring understanding of multiple layers of government","Connects to broader national agreements (National Health Reform Agreement) that sit outside the Act itself","Likely contains technical financial and administrative definitions that require cross-referencing with Commonwealth legislation","The source document provided is heavily truncated/corrupted with duplicated headers and minimal substantive content, making full analysis impossible","Intergovernmental financial legislation typically involves intricate accountability and reporting chains","May mirror or interact with equivalent Commonwealth legislation (National Health Reform Act 2011), adding interpretive complexity"],"plain_english_summary":"The Act creates Tasmania’s administrative framework for receiving, managing and being accountable for Commonwealth funding to public hospitals, enabling the state to participate in national health funding arrangements. \n\nIt primarily affects Tasmanian health administrators, the state government, taxpayers and—indirectly—public hospital patients by ensuring federal hospital dollars are properly channeled and tracked; it is a machinery law rather than one that confers individual rights."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose of establishing the National Health Funding Pool and Administrator role under the 2011 National Health Reform Agreement. While the Act contains detailed operational provisions (Parts 3-4), these elaborate on rather than expand beyond the core function of transparent, independent management of hospital funding flows. The 2017 amendment noted in section 24(1) updated references to the Financial Management Act 2016 but did not alter the fundamental scope."},"complexity_factors":["Mirror legislation structure: The Act is designed to operate as 'corresponding provisions' across 9 jurisdictions (Commonwealth + 8 States/Territories), requiring constant cross-referencing to laws of other jurisdictions","Dual governance layers: The Administrator operates under both this Act and 'corresponding provisions' of other jurisdictions simultaneously, with functions exercisable across one, multiple, or all jurisdictions (sections 4(3), 4(4))","Complex appointment and removal mechanics: The Administrator requires unanimous agreement of Standing Council on Health for appointment (s.5(3)), but suspension can be triggered by 3 State Ministers OR 1 Commonwealth Minister (s.6(1)), with 60-day suspension limits and 90-day cooling-off periods (s.6(4)-(5))","Conditional exclusion and application of laws: Section 24 excludes 5 Tasmanian Acts from applying to the Administrator, while section 25 applies 5 Commonwealth Acts instead, subject to modifications in regulations made under a separate Commonwealth Act","Incorporation by reference: The Act imports Schedule 7 of the Health Practitioner Regulation National Law (Tasmania) for interpretation purposes (s.3(5)), and repeatedly references the National Health Reform Agreement (an external document 'as amended from time to time')","Multi-jurisdictional reporting obligations: Monthly reports must go to 9 jurisdictions with different responsible Ministers (s.17), and performance audits require coordination between all Auditors-General (s.21)","Explicit non-application of standard interpretation Act: Section 3(6) states the Acts Interpretation Act 1931 does not apply, requiring reliance on the incorporated Schedule 7 and common law principles"],"plain_english_summary":"This law sets up a national system for managing how Commonwealth (federal) and State money flows into public hospitals across Australia.\n\n**What it does:**\n- Creates a single **National Health Funding Pool** made up of separate bank accounts (called **State Pool Accounts**) held at the Reserve Bank for each State and Territory\n- Establishes the office of **Administrator** — an independent official who manages these accounts and ensures money moves correctly between governments and hospitals\n- Requires the Administrator to calculate how much Commonwealth funding each State should receive, monitor payments, and report publicly on where the money goes\n- Sets up **State Managed Funds** as additional accounts States can use for health funding\n\n**Who it affects:**\n- **State and Territory governments** — they must put their hospital funding into these special accounts and direct how money is paid out\n- **Local hospital networks** — they ultimately receive the funding for patient services, teaching, and research\n- **The Commonwealth** — it pays its share of hospital funding into the Pool based on the Administrator's calculations\n- **The public** — gets transparency through public reporting of all payments\n\n**Why it matters:**\nBefore this system, hospital funding arrangements were fragmented and lacked transparency. This law creates a \"single national payer\" approach where one independent Administrator oversees the money flow, making it clearer how billions in taxpayer dollars move from Canberra to hospital wards. It also ensures States can't be short-changed by the Commonwealth, and vice versa, because an independent party calculates and verifies the amounts.\n\n**Key features:**\n- The Administrator is appointed by consensus of all Health Ministers (Commonwealth and States) and can only be removed or suspended with majority agreement\n- The Administrator is **independent** — no Minister can direct how they perform their core functions\n- **Activity-based funding**: The system tracks actual services delivered (like hospital admissions) to determine funding levels\n- **Transparency**: Monthly and annual public reports show every dollar in and out\n- **Cross-border operation**: The law applies across all jurisdictions through matching laws in each State and Territory"}},"importantCases":[],"_links":{"self":"/api/acts/national-health-funding-administration-act-2012","history":"/api/acts/national-health-funding-administration-act-2012/history","analysis":"/api/acts/national-health-funding-administration-act-2012/analysis","conflicts":"/api/acts/national-health-funding-administration-act-2012/conflicts","importantCases":"/api/acts/national-health-funding-administration-act-2012/important-cases","documents":"/api/acts/national-health-funding-administration-act-2012/documents"}}