{"id":"national-health-funding-pool-and-administration-national-uniform-legislation-act-2012","name":"National Health Funding Pool and Administration (National Uniform Legislation) Act 2012","slug":"national-health-funding-pool-and-administration-national-uniform-legislation-act-2012","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30317,"registerId":"nt-national-health-funding-pool-and-administration-national-uniform-legislation-act-2012-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"National Health Funding Pool and Administration (National Uniform Legislation) Act 2012","content":"NORTHERN TERRITORY OF AUSTRALIA\nNATIONAL HEALTH FUNDING POOL AND ADMINISTRATION (NATIONAL\nUNIFORM LEGISLATION) ACT 2012\nAs in force at 21 April 2023\nTable of provisions\nPart 1 Preliminary matters\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Interpretation ................................................................................... 1\nPart 2 Administrator of National Health Funding\nPool\n4 The office of Administrator ............................................................... 3\n5 Appointment of Administrator .......................................................... 4\n6 Suspension of Administrator ............................................................ 4\n7 Removal or resignation of Administrator .......................................... 5\n8 Acting Administrator ........................................................................ 5\n9 Provision of staff and facilities for Administrator .............................. 6\n10 Functions of Administrator ............................................................... 6\nPart 3 State Pool Accounts – the National Health\nFunding Pool\n11 Establishment of State Pool Accounts with Reserve Bank .............. 7\n12 Payments into State Pool Account .................................................. 8\n13 Payments from State Pool Account ................................................. 8\n14 State Managed Funds ..................................................................... 9\n15 Distribution of Commonwealth funding ............................................ 9\nPart 4 Financial management and reporting\n16 Financial management obligations of Administrator ...................... 10\n17 Monthly reports by Administrator ................................................... 10\n18 Annual report by Administrator ...................................................... 11\n19 Administrator to prepare financial statements for State Pool\nAccounts ........................................................................................ 12\n20 Audit of financial statements .......................................................... 12\n21 Performance audits ....................................................................... 12\n22 States to provide Administrator with information about State\nManaged Funds............................................................................. 13\n23 Provision of information generally.................................................. 13\n\nNational Health Funding Pool and Administration (National Uniform Legislation) Act 2012 ii\nPart 5 Miscellaneous matters\n24 Exclusion of legislation of this jurisdiction ...................................... 14\n25 Application of Commonwealth Acts ............................................... 15\n26 Extraterritorial operation of Act ...................................................... 15\n27 Act binds Crown ............................................................................ 15\n28 Delegation of functions of responsible Minister ............................. 15\n29 Declarations for this Act ................................................................. 16\n30 Transitional and validation provisions ............................................ 16\n31 Regulations.................................................................................... 16\nPart 6 Amendment of Financial Management Act\n32 Act amended ................................................................................. 16\n33 Amendment of section 3 ................................................................ 16\n34 Amendment of section 6 ................................................................ 17\n35 Amendment of section 13 .............................................................. 18\n36 Amendment of section 15 .............................................................. 18\n37 Amendment of section 27 .............................................................. 19\nENDNOTES\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 21 April 2023\n____________________\nNATIONAL HEALTH FUNDING POOL AND ADMINISTRATION (NATIONAL\nUNIFORM LEGISLATION) ACT 2012\nAn Act about the National Health Funding Pool and related\nadministration for the purposes of the National Health Reform\nAgreement between the Commonwealth and the States and Territories,\nand for related purposes\nPart 1 Preliminary matters\n1 Short title\nThis Act may be cited as the National Health Funding Pool and\nAdministration (National Uniform Legislation) Act 2012.\n2 Commencement\nThis Act commences on the day fixed by the Administrator by\nGazette notice.\n3 Interpretation\n(1) In this Act:\nAdministrator means the Administrator of the National Health\nFunding Pool appointed under section 5 and under the\ncorresponding provision of the laws of the Commonwealth and the\nother States.\nNote\nSee the definition of NT Administrator.\nAgency (Health) means the Agency that is responsible for health\nas an area of government and is administered by the Minister for\nthis jurisdiction who is a member of the Ministerial Council.\nCEO (Health) means the chief executive officer of the Agency\n(Health).\n\nPart 1 Preliminary matters\nNational Health Funding Pool and Administration (National Uniform Legislation) Act 2012 2\nFirst Ministers' Council means a body (however described) that\nconsists of, or that includes, the following:\n(a) the Prime Minister;\n(b) the Premiers of each State;\n(c) the Chief Ministers of the Australian Capital Territory and\nNorthern Territory.\nlocal hospital network means an organisation that is a local\nhospital network (however described) for the purposes of the\nNational Health Reform Agreement.\nNote for definition local hospital network\nSee section 10(2) of the Health Service Act 2021.\nMinisterial Council means a body (however described) that\nconsists of the Minister of the Commonwealth, and the Minister of\neach State and Territory, who is responsible, or principally\nresponsible, for matters relating to health.\nNational Health Funding Pool means the combined State Pool\nAccounts for each State.\nNational Health Reform Agreement means the National Health\nReform Agreement between the Commonwealth and the States\nthat was agreed to by the Council of Australian Governments on\n2 August 2011, as amended from time to time.\nNT Administrator means the Administrator, or an Acting\nAdministrator, appointed under the Northern Territory (Self-\nGovernment) Act 1978 (Cth).\nNote\nThis definition is included to distinguish the Administrator of the Northern\nTerritory from the person appointed as the Administrator of the National Health\nFunding Pool under section 5 and under the corresponding provision of the laws\nof the Commonwealth and other States.\nresponsible Minister, for a jurisdiction, means the relevant\nMinister with portfolio responsibility for the administration of the\nprovision of this Act in which the expression occurs (or of the\ncorresponding provision of the laws of the Commonwealth and the\nother States).\nNote\nSee also section 30.\n\nPart 2 Administrator of National Health Funding Pool\nNational Health Funding Pool and Administration (National Uniform Legislation) Act 2012 3\nState includes the Australian Capital Territory and the Northern\nTerritory.\nState Managed Fund, of a State, means a bank account or fund\nestablished or designated by the State for the purposes of health\nfunding under the National Health Reform Agreement that is\nrequired to be undertaken in the State through a State Managed\nFund.\nState Pool Account, of a State, means the bank account\nestablished by the State under Part 3 or under the corresponding\nprovisions of the law of another State.\n(4) A reference in this Act to the agreement of, or a request by, a\nmember of the Ministerial Council is a reference to an agreement or\nrequest in writing.\n(5) This Act is to be interpreted in accordance with Schedule 7 to the\nHealth Practitioner Regulation National Law (NT) and, for that\npurpose, Schedule 7 applies as if references to this Law or a\nQueensland Act were references to this Act or an Act of this\njurisdiction, and with all other necessary modifications.\n(6) Subsection (5) is subject to section 24(2).\nPart 2 Administrator of National Health Funding Pool\n4 The office of Administrator\n(1) The office of Administrator of the National Health Funding Pool is\nestablished by this Act.\n(2) It is the intention of Parliament that the same individual holds the\noffice established under subsection (1) and under the\ncorresponding provision of the law of the Commonwealth and the\nother States.\n(3) The Administrator appointed under this Act may exercise and\nperform the functions of the Administrator in relation to:\n(a) one jurisdiction; or\n(b) 2 or more or all jurisdictions collectively.\n(4) A reference in a provision of this Act (other than in section 10(1) or\nPart 3) to a function of the Administrator under this Act includes a\nreference to a function of the Administrator under the corresponding\nprovision of the law of the Commonwealth and the other States.\n\nPart 2 Administrator of National Health Funding Pool\nNational Health Funding Pool and Administration (National Uniform Legislation) Act 2012 4\n5 Appointment of Administrator\n(1) The Minister for this jurisdiction who is a member of the Ministerial\nCouncil is to appoint an individual to the office of the Administrator\nof the National Health Funding Pool under this Act.\n(2) Before the appointment is made, the Chair of the Ministerial Council\nis to give each member of the Council an opportunity to nominate\nan individual for appointment.\n(3) An appointment is not to be made unless all the members of the\nMinisterial Council have agreed on the individual who will be\nappointed as Administrator, the date that the appointment will take\neffect, the period of appointment and the conditions of appointment.\n(4) The appointment is to be made by instrument in writing.\n(5) The Administrator is to be appointed (subject to subsection (3)) for\nthe period, not exceeding 5 years, and on the conditions specified\nin his or her instrument of appointment, but is eligible for\nreappointment.\n(6) The Administrator is entitled to the remuneration determined in\naccordance with the law of the Commonwealth.\n6 Suspension of Administrator\n(1) The Chair of the Ministerial Council is required to suspend the\nAdministrator from office if requested to do so by:\n(a) at least 3 members of the Council who are Ministers of a\nState; or\n(b) the member of the Council who is a Minister of the\nCommonwealth.\n(2) A member of the Ministerial Council is not to request the\nsuspension of the Administrator unless the member is satisfied that\nthe Administrator:\n(a) is, because of any physical or mental incapacity or otherwise,\nunable to perform his or her functions satisfactorily; or\n(b) has failed to comply with his or her obligations or duties as\nAdministrator; or\n(c) has been accused or convicted of an offence that carries a\npenalty of imprisonment; or\n(d) has or may become bankrupt.\n\nPart 2 Administrator of National Health Funding Pool\nNational Health Funding Pool and Administration (National Uniform Legislation) Act 2012 5\n(3) A suspension is to be effected by an instrument in writing and is to\nbe notified by the Chair of the Ministerial Council to all members of\nthe Council.\n(4) A suspension is terminated after a period of suspension of 60 days\nunless before the end of that period the Administrator is removed or\nresigns from office or a majority of the members of the Ministerial\nCouncil:\n(a) terminate the suspension; or\n(b) extend the suspension for a specified further period.\n(5) Despite subsection (1), the Chair of the Ministerial Council is not to\nsuspend the Administrator from office within the period of 90 days\nafter an earlier period of suspension was terminated unless a\nmajority of the members of the Council request the Chair to do so.\n7 Removal or resignation of Administrator\n(1) The Minister for this jurisdiction who is a member of the Ministerial\nCouncil is required to remove the Administrator from office if a\nmajority of the members of the Council agree to the Administrator's\nremoval from office.\n(2) The Administrator is to be removed from office by an instrument in\nwriting that takes effect on the date agreed to by the majority of the\nmembers of the Ministerial Council.\n(3) The Administrator may resign as Administrator by notice in writing\nto the Chair of the Ministerial Council.\n(4) The resignation of the Administrator takes effect on the date notified\nby the Chair of the Ministerial Council to all members of the\nCouncil.\n8 Acting Administrator\n(1) The Chair of the Ministerial Council may, from time to time, appoint\nan individual to act as the Administrator during any period when the\noffice is vacant or the holder of the office is suspended or absent\nfrom duty.\n\nPart 2 Administrator of National Health Funding Pool\nNational Health Funding Pool and Administration (National Uniform Legislation) Act 2012 6\n(2) Any such appointment may only be made from a panel of persons,\nand in accordance with the procedure, agreed to by all the\nmembers of the Ministerial Council.\nNote for section 8\nThe applied provisions of Schedule 7 to the Health Practitioner Regulation\nNational Law (clause 27) contain additional provisions relating to acting\nappointments that have effect subject to this section.\n9 Provision of staff and facilities for Administrator\n(1) Staff and facilities to assist the Administrator in exercising or\nperforming his or her functions under this Act are to be provided by\nthe National Health Funding Body constituted under the National\nHealth Reform Act 2011 (Cth).\n(2) The Administrator is not entitled to delegate a function conferred on\nthe Administrator under this Act to that body, to any such member\nof staff or to any other person or body.\n10 Functions of Administrator\n(1) The Administrator is:\n(a) to calculate and advise the Treasurer of the Commonwealth of\nthe amounts required to be paid by the Commonwealth into\neach State Pool Account of the National Health Funding Pool\nunder the National Health Reform Agreement (including\nadvice on any reconciliation of those amounts based on\nsubsequent actual service delivery); and\n(b) to monitor State payments into each State Pool Account for\nthe purposes of Part 4; and\n(c) to make payments from each State Pool Account in\naccordance with the directions of the State concerned; and\n(d) to report publicly on the payments made into and from each\nState Pool Account and other matters on which the\nAdministrator is required to report under this Act; and\n(e) to exercise or perform any other functions conferred on the\nAdministrator under this Act.\nNote for subsection (1)\nThe corresponding legislation of the Commonwealth will provide the functions of\nthe Administrator include monitoring Commonwealth payments into each State\nPool Account for the purposes of Part 4.\n\nPart 3 State Pool Accounts – the National Health Funding Pool\nNational Health Funding Pool and Administration (National Uniform Legislation) Act 2012 7\n(2) The Administrator and the body and staff assisting the\nAdministrator are not subject to the control or direction of any\nMinister of the Commonwealth in relation to the exercise or\nperformance of the Administrator's functions under this Act.\n(3) However, the Administrator is required to comply with any\ndirections given by the First Ministers' Council in relation to the\nmanner in which the Administrator exercises or performs his or her\nfunctions under this Act (including in relation to the preparation or\nprovision of annual or monthly reports, financial statements or\ninformation under Part 4).\n(4) Directions given by the First Ministers' Council under\nsubsection (3):\n(a) are to be given in accordance with a written resolution of the\nFirst Ministers' Council passed in accordance with the\nprocedures determined by the First Ministers' Council ; and\n(b) are to be notified in writing to the Administrator; and\n(c) are to be made publicly available by the Administrator.\n(5) To avoid doubt, this Act is not intended:\n(a) to give the Commonwealth ownership or control of money in a\nState Pool Account, or\n(b) to affect the obligation of the Administrator under the law of a\nState to make payments from the State Pool Account of the\nState in accordance with the directions of the State.\n(6) To avoid doubt, the Administrator may have regard to information\nobtained in the exercise or performance of functions under the law\nof another jurisdiction in the exercise or performance of the\nAdministrator's functions under Part 4.\nPart 3 State Pool Accounts – the National Health\nFunding Pool\n11 Establishment of State Pool Accounts with Reserve Bank\n(1) The CEO (Health) is to open and maintain with the Reserve Bank of\nAustralia a separate State bank account for the purpose of the\nNational Health Reform Agreement.\n(2) The bank account is the State Pool Account established for the\nState for the purposes of this Act.\n\nPart 3 State Pool Accounts – the National Health Funding Pool\nNational Health Funding Pool and Administration (National Uniform Legislation) Act 2012 8\n12 Payments into State Pool Account\nThere is payable into the State Pool Account established for the\nState:\n(a) money paid to the State by the Commonwealth for payment\ninto the State Pool Account under the National Health Reform\nAgreement; and\n(b) money made available by the State for the purposes of\nfunding in the State through the State Pool Account under the\nNational Health Reform Agreement; and\n(c) money paid to the State by another State for payment into the\nState Pool Account under the National Health Reform\nAgreement; and\n(d) interest paid on money deposited in the State Pool Account,\nunless directed to be paid into another bank account by the\nresponsible Minister for the State.\n13 Payments from State Pool Account\n(1) There is payable from the State Pool Account established for the\nState amounts to fund the following in the State under the National\nHealth Reform Agreement (including through a State Managed\nFund):\n(a) the services provided by local hospital networks;\n(b) health teaching, training and research provided by local\nhospital networks or other organisations;\n(c) any other matter that under that Agreement is to be funded\nthrough the National Health Funding Pool.\n(2) Payments of amounts from the State Pool Account established for\nthe State are to be made by the Administrator strictly in accordance\nwith the directions of the responsible Minister for the State,\nincluding on the amount of each payment, the party or account to\nwhich it is to be paid and the timing of the payment.\n(3) The Administrator is required to authorise personally each payment\nmade from the State Pool Account.\n(4) The Administrator is, at the direction of the responsible Minister for\nthe State, to repay any money paid by the State into the State Pool\nAccount for the State that the responsible Minister is satisfied\nconstitutes an overpayment into that Account.\n\nPart 3 State Pool Accounts – the National Health Funding Pool\nNational Health Funding Pool and Administration (National Uniform Legislation) Act 2012 9\n(5) This section does not affect the payment from the State Pool\nAccount of charges imposed by the Reserve Bank of Australia for\nthe operation of that Account.\n(6) This section does not require the payment for services and matters\nreferred to in subsection (1) to be made only from the State Pool\nAccount.\n(7) For the purposes of this section, the funding of a local hospital\nnetwork includes the funding of another party on behalf of the\nnetwork for corporate or other services provided to the network by\nthat other party.\n(8) If at any time when a payment from the State Pool Account is\nrequired to be made there is no Administrator or the Administrator\nis not available to make the payment at that time, the payment from\nthat Account may be made by an official of this State who is\ndirected by the responsible Minister for the State to make the\npayment.\n14 State Managed Funds\nThe CEO (Health) is to:\n(a) open and maintain a separate bank account; or\n(b) establish and maintain a separate fund; or\n(c) designate an existing bank account or fund;\nas the State Managed Fund for the State for the purposes of health\nfunding under the National Health Reform Agreement.\n15 Distribution of Commonwealth funding\n(1) Directions by the responsible Minister for the State to the\nAdministrator for payments from the State Pool Account are, in\nrelation to the distribution of Commonwealth funding provided to the\nState under the National Health Reform Agreement, to be\nconsistent with the advice provided by the Administrator to the\nTreasurer of the Commonwealth about the basis on which the\nAdministrator has calculated the payments to be made into that\nAccount by the Commonwealth.\n(2) This section does not affect the obligation of the Administrator to\nmake payments from the State Pool Account strictly in accordance\nwith the directions of the responsible Minister for the State.\n\nPart 4 Financial management and reporting\nNational Health Funding Pool and Administration (National Uniform Legislation) Act 2012 10\nPart 4 Financial management and reporting\n16 Financial management obligations of Administrator\nThe Administrator must:\n(a) develop and apply appropriate financial management policies\nand procedures with respect to the State Pool Accounts\n(including policies and procedures to ensure payments from\nthose Accounts are made in accordance with the directions of\nthe responsible Ministers); and\n(b) keep proper records in relation to the administration of the\nState Pool Accounts, including records of all payments made\ninto and from those Accounts and the basis on which the\npayments were made; and\n(c) prepare the financial statements required by this Part in\nrelation to the State Pool Accounts and arrange for the audit of\nthose financial statements in accordance with this Part.\n17 Monthly reports by Administrator\n(1) The Administrator must provide monthly reports to the\nCommonwealth and each State containing the following information\nfor the relevant month:\n(a) the amounts paid into each State Pool Account and State\nManaged Fund by the relevant State and the basis on which\nthe payments were made;\n(b) the amounts paid into each State Pool Account by the\nCommonwealth and the basis on which the payments were\nmade;\n(c) the amounts paid from each State Pool Account to local\nhospital networks, a State Managed Fund or other\norganisations or funds and the basis on which the payments\nwere made;\n(d) the amounts paid from each State Managed Fund to local\nhospital networks or other organisations or funds and the\nbasis on which the payments were made;\n(e) the number of public hospital services funded for each local\nhospital network (including a running financial year total) in\naccordance with the system of activity based funding;\n\nPart 4 Financial management and reporting\nNational Health Funding Pool and Administration (National Uniform Legislation) Act 2012 11\n(f) the number of other public hospital services and functions\nfunded from each State Pool Account or State Managed Fund\n(including a running financial year total).\n(2) A monthly report required to be provided to a jurisdiction under this\nsection is to be provided to the responsible Minister for that\njurisdiction or to a body or officer notified to the Administrator by\nthat Minister.\n(3) The Administrator is to make reports provided under this section\npublicly available.\n18 Annual report by Administrator\n(1) The Administrator must, within 4 months after the end of each\nfinancial year, provide to the responsible Ministers an annual report\non the exercise or performance of his or her functions under this\nAct during the financial year.\n(2) The annual report must include the following information for the\nrelevant financial year:\n(a) the amounts paid into each State Pool Account and State\nManaged Fund by the relevant State and the basis on which\nthe payments were made;\n(b) the amounts paid into each State Pool Account by the\nCommonwealth and the basis on which the payments were\nmade;\n(c) the amounts paid from each State Pool Account to local\nhospital networks, a State Managed Fund or other\norganisations or funds and the basis on which the payments\nwere made;\n(d) the amounts paid from each State Managed Fund to local\nhospital networks or other organisations or funds and the\nbasis on which the payments were made;\n(e) the number of public hospital services funded for each local\nhospital network in accordance with the system of activity\nbased funding;\n(f) the number of other public hospital services and functions\nfunded from each State Pool Account or State Managed Fund.\n(3) The annual report is to be accompanied by:\n(a) an audited financial statement for each State Pool Account;\nand\n\nPart 4 Financial management and reporting\nNational Health Funding Pool and Administration (National Uniform Legislation) Act 2012 12\n(b) a financial statement that combines the audited financial\nstatements for each State Pool Account.\n(4) A responsible Minister must, as soon as practicable after receiving\nan annual report under this section, cause a copy of the report to be\ntabled in the Parliament of the responsible Minister's jurisdiction.\n19 Administrator to prepare financial statements for State Pool\nAccounts\nThe Administrator must, after each financial year, prepare:\n(a) a financial statement for each State Pool Account that details\nfinancial transactions during that financial year; and\n(b) a combined financial statement that consists of the financial\nstatements for each State Pool Account for the financial year.\n20 Audit of financial statements\n(1) A financial statement under this Part for the State Pool Account of a\nState is to be audited by the Auditor-General of that State in\naccordance with the relevant legislation of that State relating to\nfinancial audit by the Auditor-General.\n(2) The relevant legislation of the Territory is the Audit Act 1995.\n21 Performance audits\n(1) For the purposes of this section, a performance audit is an audit\nby the Auditor-General of a jurisdiction of the exercise or\nperformance of the functions of the Administrator in relation to that\njurisdiction to determine whether the Administrator is acting\neffectively, economically, efficiently and in compliance with all\nrelevant laws.\n(2) Before the Auditor-General of this jurisdiction conducts a\nperformance audit, the Auditor-General must notify the Auditors-\nGeneral of all other jurisdictions of his or her intention to conduct\nthe proposed audit.\n(3) Auditors-General who are conducting performance audits at the\nsame time are to make arrangements to coordinate the conduct of\nthose audits in relation to any requirements imposed on the\nAdministrator.\n(4) A performance audit is to be conducted by the Auditor-General of\nthis jurisdiction in accordance with the Audit Act 1995.\n\nPart 4 Financial management and reporting\nNational Health Funding Pool and Administration (National Uniform Legislation) Act 2012 13\n22 States to provide Administrator with information about State\nManaged Funds\nThe responsible Minister for a State is to provide information to the\nAdministrator about any of the following matters relating to the\nState Managed Fund of the State that the Administrator requires for\nthe preparation of reports and financial statements under this Part:\n(a) the amounts paid by the State into the State Managed Fund\nand the basis on which the payments were made;\n(b) the amounts paid by the State from the State Managed Fund\nto local hospital networks or other organisations or funds and\nthe basis on which the payments were made;\n(c) public hospital services and functions that are funded from the\nState Managed Fund.\n23 Provision of information generally\n(1) The Administrator is required to provide to the responsible Minister\nfor a jurisdiction any information requested by that Minister that\nrelates to that jurisdiction.\n(2) The information is to be provided by the time requested by that\nresponsible Minister.\n(3) The Administrator is required to provide to the responsible Ministers\nof all jurisdictions a copy of advice provided by the Administrator to\nthe Treasurer of the Commonwealth about the basis on which the\nAdministrator has calculated the payments to be made into State\nPool Accounts by the Commonwealth.\n(4) The Administrator may at any time provide any information that\nrelates to a jurisdiction to the responsible Minister for that\njurisdiction.\n(5) Any information relating to a jurisdiction that is provided by the\nAdministrator to another jurisdiction may only be publicly released\nby that other jurisdiction in accordance with arrangements approved\nby the responsible Minister for the jurisdiction to which the\ninformation relates.\n\nPart 5 Miscellaneous matters\nNational Health Funding Pool and Administration (National Uniform Legislation) Act 2012 14\nPart 5 Miscellaneous matters\n24 Exclusion of legislation of this jurisdiction\n(1) The following Acts of this jurisdiction do not apply to or in respect of\nthe Administrator or any function exercised or performed by the\nAdministrator:\n(a) the Information Act 2002;\n(b) the Ombudsman Act 2009;\n(c) any other Act prescribed by regulation to enable the\napplication of an Act of the Commonwealth under section 25.\n(2) Also, the Interpretation Act 1978 does not apply to or in respect of\nthis Act except for the following:\n(a) provisions for making and tabling subordinate legislation;\n(b) provisions relating to the NT Administrator;\n(c) prescribed Interpretation Act 1978 provisions.\n(3) In this section:\nprescribed Interpretation Act provision means a provision of the\nInterpretation Act 1978 that is prescribed by regulation for this\nsection.\nprovisions for making and tabling subordinate legislation\nmeans section 57 and Part VII, Divisions 2 and 3 (other than\nsection 68) of the Interpretation Act 1978.\nprovisions relating to the NT Administrator means sections 34\nand 34A of the Interpretation Act 1978.\nsubordinate legislation means:\n(a) regulations, rules or by-laws to which sections 63 to 63C of\nthe Interpretation Act 1978 apply; or\n(b) a statutory instrument that, under an Act, is an instrument to\nwhich sections 63 to 63C of the Interpretation Act 1978 apply.\n\nPart 5 Miscellaneous matters\nNational Health Funding Pool and Administration (National Uniform Legislation) Act 2012 15\n25 Application of Commonwealth Acts\n(1) The following Acts apply (subject to subsection (2)) as laws of this\njurisdiction to or in respect of the Administrator and any function\nexercised or performed by the Administrator:\n(a) the Archives Act 1983 (Cth);\n(b) the Australian Information Commissioner Act 2010 (Cth);\n(c) the Freedom of Information Act 1982 (Cth);\n(d) the Ombudsman Act 1976 (Cth);\n(e) the Privacy Act 1988 (Cth).\n(2) Each of those Acts so applies subject to the modifications made by\nregulations made under the National Health Reform Act 2011 (Cth)\nwith the agreement of all the members of the Ministerial Council.\n26 Extraterritorial operation of Act\nIt is the intention of Parliament that the operation of this Act is to\ninclude, as far as possible, operation in relation to the following:\n(a) things situated in or outside the territorial limits of this\njurisdiction;\n(b) acts, transactions and matters done, entered into or occurring\nin or outside the territorial limits of this jurisdiction;\n(c) things, acts, transactions and matters (wherever situated,\ndone, entered into or occurring) that would, apart from this\nAct, be governed or otherwise affected by the law of another\njurisdiction.\n27 Act binds Crown\nThis Act binds the Crown in right of the Territory and, to the extent\nthe legislative power of the Legislative Assembly permits, the\nCrown in all its other capacities.\n28 Delegation of functions of responsible Minister\n(1) The responsible Minister for this State may delegate to an authority\nor officer of the State the responsible Minister's functions under this\nAct.\n(2) This section does not apply to the functions of a Minister under\nPart 2.\n\nPart 6 Amendment of Financial Management Act\nNational Health Funding Pool and Administration (National Uniform Legislation) Act 2012 16\n29 Declarations for this Act\nIt is declared that, for the Financial Management Act 1995, the\nState Pool Account and State Managed Fund are Operating\nAccounts for the Agency (Health).\n30 Transitional and validation provisions\n(1) If, on the commencement of this Act, corresponding provisions to\nthis Act have not been enacted by another jurisdiction, the\nresponsible Minister for that jurisdiction for the purposes of this Act\nis the Minister of that jurisdiction with portfolio responsibility for\nhealth.\n(2) Any thing done by a Minister of the Commonwealth or of a State\nbefore the commencement of this Act that would have been validly\ndone if this Act, and the corresponding provisions of other\njurisdictions, had been in force at the time is taken to have been\nvalidly done.\n(3) Until this Act is mentioned in an administrative arrangement order\nof this jurisdiction, it is declared that the responsible Minister for this\njurisdiction is the Minister who is the member of the Standing\nCouncil on Health for this jurisdiction.\n31 Regulations\nThe NT Administrator may make regulations under this Act.\nPart 6 Amendment of Financial Management Act\n32 Act amended\nThis Part amends the Financial Management Act 1995.\n33 Amendment of section 3\n(1) Section 3(1), definition Operating Account\nomit\n(2) Section 3(1)\ninsert (in alphabetical order)\nNational Health Reform Agreement, see section 3(1) of the NHFP\nAct.\n\nPart 6 Amendment of Financial Management Act\nNational Health Funding Pool and Administration (National Uniform Legislation) Act 2012 17\nNHFP account means either of the following established under the\nNHFP Act as an Operating Account for the Agency responsible for\nadministering that Act:\n(a) the State Pool Account of the Territory;\n(b) the State Managed Fund of the Territory.\nNHFP Act means National Health Funding Pool and Administration\n(National Uniform Legislation) Act 2012.\nOperating Account means:\n(a) a Government Business Division Operating Account, or an\nAgency Operating Account, established under section 6(1); or\n(b) an NHFP account.\n(3) Section 3(1), definition official bank account, at the end\ninsert\nNote\nSee section 27(7).\n34 Amendment of section 6\n(1) After section 6(1)\ninsert\nNote for subsection (1)\nThe definition of Operating Account in section 3(1) includes each of the NHFP\naccounts. However, a reference to an Operating Account established under this\nAct is a reference to an account established under subsection (1).\n(2) Section 6(2) and (3)\nomit, insert\n(2) There must be paid into an Operating Account the following to the\nextent applicable to that Operating Account:\n(a) payments from the Central Holding Authority in respect of the\nfunctions for which the Agency is responsible;\n(b) for an Operating Account for a Government Business\nDivision – all receipts of the Government Business Division;\n\nPart 6 Amendment of Financial Management Act\nNational Health Funding Pool and Administration (National Uniform Legislation) Act 2012 18\n(c) for an NHFP account – all receipts for the NHFP account\nincluding payments from the Commonwealth under the\nNational Health Reform Agreement;\n(d) other categories of receipts as are from time to time agreed by\nthe Treasurer and the Minister and specified in the Treasurer's\nDirections issued under section 38.\n(3) An amount of expenditure incurred may be paid from an Operating\nAccount as follows:\n(a) for an Operating Account established under this Act – by the\nAccountable Officer of the Agency that performs the functions\nfor which the Operating Account exists;\n(b) for an NHFP account – in accordance with the NHFP Act.\n(3) Section 6(4), after \"Agency Operating Account\"\ninsert\nestablished under this Act\n(4) Section 6(5), after \"Operating Account\"\ninsert\nestablished under this Act\n35 Amendment of section 13\nAfter section 13(4)\ninsert\n(5) In complying with subsections (1) and (2), the Accountable Officer\nof the Agency responsible for administering the NHFP Act may rely\non records kept under Part 4 of that Act about the NHFP accounts.\n36 Amendment of section 15\nAfter section 15(2)\ninsert\n(3) In complying with subsections (1) and (2), the records kept under\nPart 4 of the NHFP Act about the NHFP accounts may be relied on.\n\nPart 6 Amendment of Financial Management Act\nNational Health Funding Pool and Administration (National Uniform Legislation) Act 2012 19\n37 Amendment of section 27\nAfter section 27(6)\ninsert\n(7) This section does not apply to a bank account opened and\nmaintained as required under the NHFP Act.\n\nENDNOTES\nNational Health Funding Pool and Administration (National Uniform Legislation) Act 2012 20\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nNational Health Funding Pool and Administration (National Uniform Legislation)\nAct 2012 (Act No. 21, 2012)\nAssent date 30 June 2012\nCommenced 19 July 2012 (Gaz S36, 17 July 2012)\nHealth Services Act 2014 (Act No. 18, 2014)\nAssent date 2 June 2014\nCommenced 1 July 2014 (Gaz S42, 24 June 2014)\nHealth Service Act 2021 (Act No. 10, 2021)\nAssent date 20 May 2021\nCommenced 1 July 2021 (s 2)\nInterpretation Amendment Act 2021 (Act No. 28, 2021)\nAssent date 15 December 2021\nCommenced 1 January 2022 (s 2)\nStatute Law Amendment (National Cabinet) Act 2023 (Act No. 9, 2023)\nAssent date 20 April 2023\nCommenced 21 April 2023 (s 2)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 20, 21, 24, 29, 32 and 33.\n\nENDNOTES\nNational Health Funding Pool and Administration (National Uniform Legislation) Act 2012 21\n4 LIST OF AMENDMENTS\ns 3 amd No. 18, 2014, s 99; No. 10, 2021, s 50; No. 9, 2023, s 13\nss 5 – 8 amd No. 9, 2023, s 14\ns 10 amd No. 9, 2023, s 14\ns 24 amd No. 28, 2021, s 20\ns 25 amd No. 9, 2023, s 14","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"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 mechanism under the 2011 National Health Reform Agreement. While it includes detailed administrative provisions (appointment processes, reporting, auditing), these are ancillary to the core function of managing hospital funding flows. The scope has not expanded beyond the original intent of creating a uniform national framework for public hospital funding administration."},"complexity_factors":["Mirror legislation structure – must be read alongside corresponding Commonwealth and other State/Territory laws to understand full operation (section 4(2)-(4), 5(3))","Complex appointment/removal mechanics requiring multi-jurisdictional consensus – appointment requires agreement of all Ministerial Council members (section 5(3)), suspension requires 3 state ministers OR the Commonwealth minister (section 6(1)), removal requires majority of Council (section 7(1))","Dual-layer governance – Administrator is independent of individual ministers but subject to direction by First Ministers' Council (section 10(2)-(3))","Extensive cross-referencing to external agreements – the National Health Reform Agreement is incorporated by reference but not reproduced (sections 3, 10, 11, 12, 13, 15)","Application of foreign (Commonwealth) statutes with modifications – section 25 applies 5 Commonwealth Acts as Territory law, subject to regulations made under a Commonwealth Act","Carve-outs and exclusions – specific Territory legislation excluded (Information Act, Ombudsman Act) while Commonwealth equivalents apply (section 24-25)","Nested definitions – 14 defined terms in section 3, including recursive references (Administrator defined by reference to appointment under this Act AND corresponding provisions of other laws)","Conditional payment mechanics – payments from State Pool Account strictly require ministerial direction (section 13(2)), with personal authorisation by Administrator (section 13(3)), plus emergency payment provisions if Administrator unavailable (section 13(8))","Transitional and validation provisions preserving pre-commencement actions (section 30(2))","Consequential amendments to Financial Management Act 1995 (Part 6, sections 32-37) creating inter-statutory dependencies"],"plain_english_summary":"This law implements the Territory’s part of the national hospital‑funding scheme: a dedicated State Pool Account at the RBA receives Commonwealth (and Territory) hospital payments, which an independent, nationally appointed Administrator calculates, monitors and disburses only on the Territory health minister’s directions. It preserves Territory control of service delivery while creating a transparent, auditable national funding pool, affecting hospitals, patients and taxpayers by tightening accountability for billions in health funding."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Subsequent amendments altered definitions, governance and administrative detail. Key changes affected definitions and account treatment (s3; Part 6 amendments), appointment/suspension/acting procedures for the Administrator (ss5–8 amended), the Administrator's functions and intergovernmental direction mechanisms (s10 amended), and which local laws apply or are excluded (s24, s25 amended). Collectively these amendments refine the Act's administrative reach, account treatment and intergovernmental controls rather than changing the core purpose of pooling and administering health funding."},"complexity_factors":["Interjurisdictional appointment and governance: appointment, suspension and removal require agreement or requests across Commonwealth, States and Territories via the Ministerial Council and First Ministers' Council (ss5–7, 6(1), 4(2)–(4)).","Dual accountability and direction: Administrator must act on State ministers' directions for payments yet also follows First Ministers' Council directions about how functions are performed (s10(1)(c), s10(3)–(4), s13(2)).","Strict non-delegation and personal authorisation: Administrator must personally authorise payments and cannot delegate core functions (s9(2), s13(3)).","Operational dependency on State officials and bodies: CEO (Health) opens State Pool Accounts and State Managed Funds; State ministers supply information and can direct payments if Administrator unavailable (ss11, 14, 13(8), 22).","Reporting, audit and transparency obligations: monthly and annual reporting, combined and state financial statements, audits by each State Auditor‑General and coordinated performance audits (ss17–21).","Legal layering and exclusions: selective application and exclusion of Territory Acts and application of specified Commonwealth Acts with regulatory modifications introduces interpretive complexity (ss24–26, 25(1)–(2)).","Integration with territory Financial Management Act and account definitions: amendments require relying on NHFP records and treating NHFP accounts as Operating Accounts (Part 6, ss32–37)."],"plain_english_summary":"This Act creates an independent Administrator to operate the National Health Funding Pool—a set of Reserve Bank accounts that hold Commonwealth and State health funding—and requires the Administrator to calculate Commonwealth payments, accept State deposits, and make payments only on State ministers' directions (ss4, 10, 11–15). It imposes monthly and annual reporting, audited financial statements and performance audits, and preserves State control over how pooled money is spent while standardising accounting and oversight (ss16–21)."}},"importantCases":[],"_links":{"self":"/api/acts/national-health-funding-pool-and-administration-national-uniform-legislation-act-2012","history":"/api/acts/national-health-funding-pool-and-administration-national-uniform-legislation-act-2012/history","analysis":"/api/acts/national-health-funding-pool-and-administration-national-uniform-legislation-act-2012/analysis","conflicts":"/api/acts/national-health-funding-pool-and-administration-national-uniform-legislation-act-2012/conflicts","importantCases":"/api/acts/national-health-funding-pool-and-administration-national-uniform-legislation-act-2012/important-cases","documents":"/api/acts/national-health-funding-pool-and-administration-national-uniform-legislation-act-2012/documents"}}