{"id":"national-health-funding-pool-act-2012","name":"National Health Funding Pool Act 2012","slug":"national-health-funding-pool-act-2012","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105773,"registerId":"wa-national-health-funding-pool-act-2012-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"National Health Funding Pool Act 2012","content":"![Crest]()Western Australia\n\nNational Health Funding Pool Act 2012\n\nWestern Australia\n\nNational Health Funding Pool Act 2012\n\nContents\n\nPart 1 — Preliminary\n\n1. Short title 2\n\n2. Commencement 2\n\n3. Terms used 2\n\nPart 2 — Administrator of the National Health Funding Pool\n\n4. The office of Administrator 5\n\n5. Appointment of Administrator 5\n\n6. Suspension of Administrator 6\n\n7. Removal or resignation of Administrator 7\n\n8. Acting Administrator 7\n\n9. Provision of staff and facilities for Administrator 8\n\n10. Functions of Administrator 8\n\nPart 3 — State Pool Accounts — the National Health Funding Pool\n\n11. Establishment of State Pool Account ‑ Special Purpose Account 11\n\n12. Establishment of State Pool Account ‑ Bank Account 11\n\n13. Administration of State Pool Account 11\n\n14. Payments from State Pool Account 12\n\n15. Distribution of Commonwealth funding 13\n\nPart 4 — State Managed Funds\n\n16. State Managed Funds 14\n\nPart 5 — Financial management and reporting\n\n17. Financial management obligations of Administrator 16\n\n18. Monthly reports by Administrator 16\n\n19. Annual report by Administrator 17\n\n20. Administrator to prepare financial statements for State Pool Accounts 18\n\n21. Audit of financial statements 19\n\n22. Performance audits 19\n\n23. States to provide Administrator with information about State Managed Funds 19\n\n24. Provision of other information 20\n\nPart 6 — Miscellaneous\n\n25. Exclusion of legislation of this jurisdiction 21\n\n26. Application of Commonwealth Acts 21\n\n27. Extraterritorial operation of Act 22\n\n28. Act binds the State 22\n\n29. Delegation of functions of responsible Minister 22\n\n30. Regulations 22\n\n31. Transitional and validation provisions 23\n\nPart 7 — *Hospitals and Health Services Act 1927* amended\n\n32. Act amended 24\n\n33. Section 21 amended 24\n\nPart 8 — *Hospital Fund Act 1930* repealed\n\nDivision 1 — Repeal\n\n34. *Hospital Fund Act 1930* repealed 25\n\n35. Funds to be transferred 25\n\nDivision 2 — *Lotteries Commission Act 1990* amended\n\n36. Act amended 26\n\n37. Section 22 amended 26\n\nNotes\n\nCompilation table 27\n\nUncommenced provisions table 27\n\nDefined terms\n\n  \n\nWestern Australia\n\nNational Health Funding Pool Act 2012\n\nAn Act to —\n\n- provide for the appointment of the Administrator of the National Health Funding Pool; and\n- provide for the establishment and management of a State Pool Account; and\n- amend the *Hospitals and Health Services Act 1927*; and\n- repeal the *Hospital Fund Act 1930* and make consequential amendments.\n\n\nThe Parliament of Western Australia enacts as follows:\n\n## Part 1 — Preliminary\n\n##### 1. Short title\n\nThis is the *National Health Funding Pool Act 2012*.\n\n##### 2. Commencement\n\nThis Act comes into operation as follows —\n\n(a) sections 1 and 2 — on the day on which this Act receives the Royal Assent;\n\n(b) the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.\n\n##### 3. Terms used\n\n(1) In this Act —\n\nAdministrator means the Administrator of the National Health Funding Pool appointed under section 5 and under the corresponding provision of the laws of the Commonwealth and the other States;\n\nCEO means the chief executive officer of the department of the Public Service principally assisting in the administration of this Act;\n\nCOAG means the Council of Australian Governments;\n\nlocal hospital network means an organisation that is a local hospital network (however described) for the purposes of the National Health Reform Agreement;\n\nNational Health Funding Pool means the combined State Pool Accounts for each State;\n\nNational 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\nresponsible Minister for a jurisdiction means the relevant Minister with portfolio responsibility for 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\nNote:\n\nSee also section 31.\n\nStanding Council on Health means (subject to subsection (2)) 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\nState includes the Australian Capital Territory and the Northern Territory;\n\nState Managed Fund of a State means a separate 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\nState Pool Account of a State means the agency special purpose account and bank account established by the State under Part 3 or the bank account established 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 with 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 the *Health Practitioner Regulation National Law (Western Australia)* Schedule 7 and, for that purpose, Schedule 7 applies as if references to this Law were references to this Act, with all other necessary modifications.\n\n(6) Except in Parts 7 and 8 and as provided in section 30(2), the *Interpretation Act 1984* does not apply to or in respect of this Act.\n\n[Section 3 amended: No. 21 of 2024 s. 53.]\n\n## Part 2 — Administrator of the National Health Funding Pool\n\n##### 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) 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) or Part 3) 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.\n\n##### 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 as 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 is to give each member of that Council an opportunity to nominate an individual for appointment.\n\n(3) An 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)) for the period, not exceeding 5 years, and on the conditions specified in his or her instrument of appointment, but is eligible for reappointment.\n\n(6) The Administrator is entitled to the remuneration determined in accordance with the law of the Commonwealth.\n\n##### 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), 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.\n\n##### 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 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.\n\n##### 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 the Standing Council on Health.\n\nNote for this section:\n\nThe *Health Practitioner Regulation National Law (Western Australia)* Schedule 7 clause 27 includes additional provisions relating to acting appointments that have effect subject to this section.\n\n[Section 8 amended: No. 21 of 2024 s. 54.]\n\n##### 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* (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.\n\n##### 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 5; 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\nNote:\n\nUnder the corresponding legislation of the Commonwealth the functions of the Administrator include monitoring Commonwealth payments into each State Pool Account for the purposes of Part 5.\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 5).\n\n(4) Directions given by COAG under subsection (3) —\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) When the Administrator is given a direction under subsection (3) —\n\n(a) the Administrator must give a copy of the direction to the responsible Minister for the State; and\n\n(b) the responsible Minister must, as soon as practicable after receiving the copy, cause it to be tabled in each House of Parliament.\n\n(6) 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 laws of a State to make payments from the State Pool Account of the State in accordance with the directions of the State.\n\n(7) 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 5.\n\n## Part 3 — State Pool Accounts — the National Health Funding Pool\n\n##### 11. Establishment of State Pool Account ‑ Special Purpose Account\n\nAn agency special purpose account called the State Pool Account is established in accordance with the *Financial Management Act 2006* section 16 for the purpose of the National Health Reform Agreement.\n\n##### 12. Establishment of State Pool Account ‑ Bank Account\n\n(1) The CEO is to open and maintain a separate State bank account for the purpose of the National Health Reform Agreement.\n\n(2) The bank account is to be opened and maintained with —\n\n(a) the Reserve Bank of Australia; or\n\n(b) if another bank is specified under the National Health Reform Agreement, that other bank.\n\n(3) Unless otherwise agreed under the National Health Reform Agreement, the bank account does not form part of the Public Bank Account.\n\n##### 13. Administration of State Pool Account\n\n(1) The State Pool Account is to be administered by the CEO.\n\n(2) There is to be credited to the State Pool Account —\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 public hospital services on an activity basis 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) any other amount required by law to be credited to the State Pool Account.\n\n##### 14. Payments from State Pool Account\n\n(1) Money standing to the credit of the State Pool Account is to be applied 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) Interest earned on money in the State Pool Account is to be credited to the Consolidated Account.\n\n(3) 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(4) The Administrator is required to authorise personally each payment made from the State Pool Account.\n\n(5) 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(6) This section does not affect the payment from the State Pool Account of charges imposed by the bank at which the Account is established for the operation of that Account.\n\n(7) This section does not require the payment for services and matters referred to in subsection (1) to be made only from the State Pool Account.\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 the State who is directed by the responsible Minister for the State to make the payment.\n\n##### 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.\n\n## Part 4 — State Managed Funds\n\n##### 16. State Managed Funds\n\n(1) The following agency special purpose accounts are established in accordance with the *Financial Management Act 2006* section 16 —\n\n(a) the State Managed Fund (Health) Account for the purposes of the department of the Public Service principally assisting in the administration of the *Health Services Act 2016*; and\n\n(b) the State Managed Fund (Mental Health) Account for the purposes of the department of the Public Service principally assisting in the administration of the *Mental Health Act 2014*.\n\n(2) The agency special purpose accounts are designated as State Managed Funds 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(3) The following money may be credited to a State Managed Fund —\n\n(a) money applied under section 14(1) that is to be used as block grant funding for —\n\n(i) services provided by local hospital networks;\n\n(ii) health teaching, training and research provided by local hospital networks or other organisations;\n\n(iii) any other matter that under the National Health Reform Agreement is to be funded through a State Managed Fund;\n\n(b) money made available by the State under the National Health Reform Agreement that is to be used as block grant funding for —\n\n(i) services provided by local hospital networks;\n\n(ii) health teaching, training and research provided by local hospital networks or other organisations;\n\n(iii) any other matter that under the National Health Reform Agreement is to be funded through a State Managed Fund.\n\n(4) Amounts to fund the following in the State under the National Health Reform Agreement are to be debited to a State Managed Fund —\n\n(a) 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 the National Health Reform Agreement is to be funded through a State Managed Fund.\n\n[Section 16 amended: No. 25 of 2014 s. 73; No. 11 of 2016 s. 297.]\n\n## Part 5 — Financial management and reporting\n\n##### 17. Financial management obligations of Administrator\n\nThe 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.\n\n##### 18. 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 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.\n\n##### 19. 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 each House of the Parliament of the responsible Minister’s jurisdiction.\n\n##### 20. Administrator to prepare financial statements for State Pool Accounts\n\nThe 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.\n\n##### 21. Audit of financial statements\n\nA 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.\n\n##### 22. 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 State 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 coordinate 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.\n\n##### 23. 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 that 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 Funds.\n\n(2) The information is to be provided by the time requested by the Administrator.\n\n##### 24. Provision of other information\n\n(1) The Administrator is required to provide to the responsible Minister for a jurisdiction any information requested by that 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 under this section to another jurisdiction may only be publicly released by that other jurisdiction if approved by the responsible Minister for the jurisdiction to which the information relates.\n\n## Part 6 — Miscellaneous\n\n##### 25. Exclusion of legislation of this jurisdiction\n\nThe following 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 *Freedom of Information Act 1992*;\n\n(b) the *Parliamentary Commissioner Act 1971*;\n\n(c) the *Public Sector Management Act 1994*;\n\n(d) the *State Records Act 2000*.\n\n##### 26. Application of Commonwealth Acts\n\n(1) The following Acts apply (subject to subsection (2)) 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* (Commonwealth);\n\n(b) the *Australian Information Commissioner Act 2010* (Commonwealth);\n\n(c) the *Freedom of Information Act 1982* (Commonwealth);\n\n(d) the *Ombudsman Act 1976* (Commonwealth);\n\n(e) the *Privacy Act 1988* (Commonwealth).\n\n(2) Each of those Acts so applies subject to any modifications necessary to give effect to subsection (1) that are made by the regulations.\n\n(3) Until regulations referred to in subsection (2) are made, subsection (1) does not have effect and instead the legislation referred to in section 25 applies to or in respect of the Administrator and any function exercised or performed by the Administrator.\n\n##### 27. Extraterritorial operation of Act\n\nIt 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.\n\n##### 28. Act binds the State\n\nThis Act binds the State and, so far as the legislative power of the State permits, the Crown in all its other capacities.\n\n##### 29. Delegation of functions of responsible Minister\n\n(1) The responsible Minister for the 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.\n\n##### 30. Regulations\n\n(1) The Governor may make regulations prescribing all matters that are required or permitted by this Act to be prescribed, or are necessary or convenient to be prescribed for giving effect to the purposes of this Act.\n\n(2) Nothing in section 3(5) or (6) affects the operation of the *Interpretation Act 1984* Part VI in relation to regulations made under this Act.\n\n##### 31. 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) Any thing 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.\n\n## Part 7 — *Hospitals and Health Services Act 1927* amended\n\n##### 32. Act amended\n\nThis Part amends the *Hospitals and Health Services Act 1927*.\n\n##### 33. Section 21 amended\n\n(1) In section 21(1)(g) delete “the board.” and insert:\n\nthe board;\n\n(2) After section 21(1)(g) insert:\n\n(h) the funding of services for public patients provided by private hospitals and non‑government providers of health services.\n\n(3) After section 21(1) insert:\n\n(2A) In subsection (1)(h) —\n\npublic patient has the meaning given in section 3(1) of the Commonwealth Act.\n\n## Part 8 — *Hospital Fund Act 1930* repealed\n\n### Division 1 — Repeal\n\n##### 34. *Hospital Fund Act 1930* repealed\n\nThe *Hospital Fund Act 1930* is repealed.\n\n##### 35. Funds to be transferred\n\n(1) In this section —\n\ncommencement day means the day on which section 34 comes into operation;\n\nHospital Fund means the Hospital Fund established under the *Hospital Fund Act 1930*.\n\n(2) The Treasurer, on advice from the Minister who administers the *Hospitals and Health Services Act 1927*, must make a determination for the purposes of subsections (3) and (4) before section 34 comes into operation.\n\n(3) On the commencement day any funds standing to the credit of the Hospital Fund are to be credited to one of the following accounts, in accordance with the determination of the Treasurer made under subsection (2) —\n\n(a) the State Pool Account of the State;\n\n(b) a State Managed Fund of the State;\n\n(c) an agency special purpose account established and maintained under the *Financial Management Act 2006* section 16 by the department of the Public Service principally assisting in the administration of the *Hospitals and Health Services Act 1927*;\n\n(d) the Consolidated Account.\n\n(4) An account or fund referred to in subsection (3) is to be credited, in accordance with the determination made by the Treasurer under subsection (2), with any money that became payable to the Hospital Fund before the commencement day and that is paid after that day.\n\n### Division 2 — *Lotteries Commission Act 1990* amended\n\n##### 36. Act amended\n\nThis Division amends the *Lotteries Commission Act 1990*.\n\n##### 37. Section 22 amended\n\n(1) In section 22(2)(b) delete “agency special purpose account referred to in section 3(2) of the *Hospital Fund Act 1930*;” and insert:\n\nState Pool Account of the State established under the *National Health Funding Pool Act 2012*; and\n\n(2) Delete section 22(2a)(a) and insert:\n\n(a) paid into the State Pool Account of the State established under the *National Health Funding Pool Act 2012*; and\n\n(3) After section 22(2d) insert:\n\n(3) The moneys paid into the State Pool Account of the State under subsection (2a) are to be applied in accordance with the *National Health Funding Pool Act 2012* section 14*.*\n\n(4) After section 22(2)(a) and (c) insert:\n\nand\n\n![]()\n\nNotes\n\nThis is a compilation of the *National Health Funding Pool Act 2012* and includes amendments made by other written laws. For provisions that have come into operation see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *National Health Funding Pool Act 2012* | 44 of 2012 | 20 Nov 2012 | s. 1 and 2: 20 Nov 2012 (see s. 2(a));   Act other than s. 1, 2 and Pt. 8: 15 Dec 2012 (see s. 2(b) and *Gazette* 14 Dec 2012 p. 6195);   Pt. 8: 28 Aug 2013 (see s. 2(b) and *Gazette* 27 Aug 2013 p. 4051) |\n| *Mental Health Legislation Amendment Act 2014* Pt. 4 Div. 4 Subdiv. 17 | 25 of 2014 | 3 Nov 2014 | 30 Nov 2015 (see s. 2(b) and *Gazette* 13 Nov 2015 p. 4632) |\n| *Health Services Act 2016* s. 297 | 11 of 2016 | 26 May 2016 | 1 Jul 2016 (see s. 2(b) and *Gazette* 24 Jun 2016 p. 2291) |\n| *Health Practitioner Regulation National Law Application Act 2024* Pt. 6 Div. 2 | 21 of 2024 | 14 May 2024 | 15 May 2024 (see s. 2(c)) |\n\n\nUncommenced provisions table\n\nTo view the text of the uncommenced provisions see *Acts as passed* on the WA Legislation website.\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Privacy and Responsible Information Sharing Act 2024* Pt. 6 Div. 5 | 51 of 2024 | 6 Dec 2024 | To be proclaimed (see s. 2(c)) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nAdministrator 3(1)\n\nCEO 3(1)\n\nCOAG 3(1)\n\ncommencement day 35(1)\n\nHospital Fund 35(1)\n\nlocal hospital network 3(1)\n\nNational Health Funding Pool 3(1)\n\nNational Health Reform Agreement 3(1)\n\nperformance audit 22(1)\n\nresponsible Minister 3(1)\n\nStanding Council on Health 3(1)\n\nState 3(1)\n\nState Managed Fund 3(1)\n\nState Pool Account 3(1)\n\n© State of Western Australia 2024.\n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2024.\n\nBy Authority: GEOFF O. LAWN, Government Printer\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — no legislative content was available for review. The webpage returned only a system error message explaining the page had been removed due to website upgrades."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 'page not available' error","Only contextual metadata (title, jurisdiction, year) is available for analysis","Any complexity assessment of the actual Act's provisions is impossible without the text","The page removal may indicate the Act has been repealed, renamed, or consolidated into other legislation"],"plain_english_summary":"The National Health Funding Pool Act 2012 (WA) implements a shared funding mechanism under the national hospital funding framework, creating or recognising a pooled account for Commonwealth hospital payments before distribution to public hospitals. It primarily affects state health departments and hospital administrators and indirectly influences the funding and delivery of public hospital services used by patients."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act implements the stated purposes: appointing an Administrator, establishing State Pool Accounts and State Managed Funds, setting payment, reporting and audit rules, amending the Hospitals and Health Services Act and repealing the Hospital Fund Act (see ss 3, 4–5, 11–16, 17–24, 32–35). The text confines powers to managing and reporting funding under the National Health Reform Agreement and does not, on its face, expand the statutory scope beyond those implementation functions."},"complexity_factors":["Multi‑jurisdictional appointment and coordination — the Administrator must be agreed by all members of the Standing Council on Health and may serve multiple jurisdictions (ss 4(2)–(3), 5(2)–(5)).","Tension between independence and external directions — the Administrator is not subject to Ministerial control (s 10(2)) but must comply with COAG directions and notify Ministers when directed (ss 10(3)–(5)).","Ministerial control over payments — payments from State Pool Accounts are to be made strictly in accordance with the State’s responsible Minister’s directions, including amount, recipient and timing (s 14(3)–(4)).","Who pays and reconciliations — Administrator advises the Commonwealth Treasurer on amounts to be paid into State Pool Accounts and handles reconciliation based on service delivery (s 10(1)(a); cf. s 15(1)).","Layered reporting and audit obligations — monthly and annual reporting, audited financial statements and coordinated performance audits by state Auditors‑General create recurring compliance workloads (ss 17–22).","Explicit financial architecture — establishment of agency special purpose accounts and a separate bank account (Reserve Bank or specified bank), and rules on interest and account administration (ss 11–13, 14(2)).","State Managed Funds designations and block‑grant rules — certain funding may be routed as block grants to State Managed Funds with specified permitted uses (s 16(2)–(4); s 14(1)).","Personal authorisation and delegation limits — the Administrator must personally authorise payments; cannot delegate functions to assisting staff or the National Health Funding Body (ss 9(1)–(2), 14(4)).","Suspension, removal and acting arrangements — detailed procedures and voting thresholds for suspension, removal and appointment of acting Administrators add governance complexity (ss 6–8).","Information control and confidentiality constraints — the Administrator must supply cross‑jurisdictional information on request but other jurisdictions may only publicly release jurisdictional data with that State’s Minister’s approval (ss 24(1)–(5)).","Interaction with state and Commonwealth laws — certain State Acts are excluded as to the Administrator while specified Commonwealth statutes apply as laws of the State subject to modifications and regulations (ss 25–26).","Transitional and funds transfer rules — repeal of the old Hospital Fund and prescribed transfers to new accounts require Treasurer determinations and administrative transfers (ss 34–35)."],"plain_english_summary":"This Act sets up an independent Administrator and central State Pool Accounts to receive Commonwealth and State payments for public hospital services and to manage distribution to local hospital networks and state-managed funds. The Administrator calculates Commonwealth entitlements, publishes monthly and annual reports, and makes payments only on the directions of the State’s responsible Minister, so funding flows, reporting and audit responsibilities are standardised across jurisdictions."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: establishing the National Health Funding Pool administrative framework as agreed by COAG in 2011. While it includes consequential amendments to three other Acts (Hospitals and Health Services Act, Hospital Fund Act, Lotteries Commission Act), these are directly necessary to implement the new funding pool system rather than scope creep. The amendments repeal obsolete funding mechanisms and redirect existing revenue streams into the new pool structure."},"complexity_factors":["Mirror legislation structure: The Act is designed to operate identically across all Australian jurisdictions (Commonwealth, States, Territories) with 'corresponding provisions' that must be interpreted together—creating interlocking statutory interpretation requirements (s. 3(5), 4(2)-(4))","Dual account structure: Establishes both a 'Special Purpose Account' under WA's Financial Management Act and a separate bank account, with different rules for each (Part 3)","Complex appointment/removal mechanics for 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))","Layered funding flows: Money moves from Commonwealth → State Pool Account → either direct to hospitals OR to State Managed Funds → then to hospitals, with different reporting requirements for each pathway (ss. 14, 16, 18)","Legislative exclusion and substitution scheme: Explicitly excludes 4 key WA accountability laws (Freedom of Information, Ombudsman, etc.) but substitutes 5 Commonwealth equivalents, with a fallback mechanism if regulations aren't made (s. 25-26)","Extraterritorial operation clause asserting jurisdiction over acts done anywhere in Australia (s. 27)","Transitional validation provision that backdates validity of actions taken before commencement (s. 31(2))","17 defined terms in interpretation section, several cross-referencing external agreements (National Health Reform Agreement) and other jurisdictions' laws"],"plain_english_summary":"**What this law does:**\n\nThis Act sets up the machinery for managing how Commonwealth (federal) money flows to Western Australian public hospitals under the National Health Reform Agreement. It creates a special bank account called the **State Pool Account** where federal hospital funding lands, and appoints an independent **Administrator** to oversee the money.\n\n**Key players:**\n- **The Administrator**: A single person appointed jointly by all Australian governments (Commonwealth + States) who calculates how much federal money each state should get, monitors payments, and authorises every dollar that leaves the account. They can't be sacked by just one government—removal requires majority agreement across jurisdictions.\n- **The CEO** (Western Australian public servant): Actually runs the bank account day-to-day.\n- **Local hospital networks**: The regional hospital groups that ultimately receive the funding.\n\n**What the money is for:**\nFunding public hospital services, medical teaching, training, and research. Some money flows through as \"activity-based funding\" (paid per service provided), while other funds go as \"block grants\" (lump sums) through separate **State Managed Funds** for health and mental health.\n\n**Why it matters:**\nBefore this system, hospital funding arrangements were opaque and fragmented. This law creates transparency by requiring monthly and annual public reports on every dollar in and out, audited financial statements, and performance audits. It also ensures WA maintains control—the Administrator must follow the WA Health Minister's directions on payments, and the Commonwealth doesn't own the money just because it passes through this account.\n\n**Other housekeeping:**\n- Repeals the old *Hospital Fund Act 1930* (an outdated funding mechanism) and transfers those funds to the new system.\n- Updates the *Hospitals and Health Services Act 1927* to include funding for public patients in private hospitals.\n- Redirects lottery commission health funding into the new State Pool Account.\n\n**In short**: This is the plumbing that ensures your federal taxes actually reach your local hospital with proper oversight and transparency."}},"importantCases":[],"_links":{"self":"/api/acts/national-health-funding-pool-act-2012","history":"/api/acts/national-health-funding-pool-act-2012/history","analysis":"/api/acts/national-health-funding-pool-act-2012/analysis","conflicts":"/api/acts/national-health-funding-pool-act-2012/conflicts","importantCases":"/api/acts/national-health-funding-pool-act-2012/important-cases","documents":"/api/acts/national-health-funding-pool-act-2012/documents"}}