1Health (National Health Funding Pool and Administration) Act 2013

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Health (National Health Funding Pool and Administration) Act 2013 A2013-2 Republication No 6 Effective: 27 February 2025 Republication date: 27 February 2025 Last amendment made by A2025-1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au About this republication The republished law This is a republication of the Health (National Health Funding Pool and Administration) Act 2013 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 27 February 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 27 February 2025. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): • authorised republications to which the Legislation Act 2001 applies • unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication does not include amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133). R6 27/02/25 Health (National Health Funding Pool and Administration) Act 2013 Effective: 27/02/25 contents 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Health (National Health Funding Pool and Administration) Act 2013 Contents Page Part 1 Preliminary 1 Name of Act 2 3 Dictionary 2 4 Constitution of Ministerial Council etc 2 5 Interpretation 3 6 Notes 3 Part 2 Administrator of the national health funding pool 7 The office of administrator 4 8 Appointment of administrator 4 9 Suspension of administrator 5 Contents Page contents 2 Health (National Health Funding Pool and Administration) Act 2013 Effective: 27/02/25 R6 27/02/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 10 Removal or resignation of administrator 6 11 Acting administrator 7 12 Provision of staff and facilities for administrator 7 13 Functions of administrator 7 Part 3 National health funding pool Division 3.1 State pool account 14 Establishment of ACT local hospital network directorate 10 15 Establishment of state pool account with Reserve Bank 10 16 Payments into state pool account 11 17 Payments from state pool account 12 18 Payment from state pool account if no administrator 13 19 Distribution of Commonwealth funding 13 Division 3.2 State managed fund 20 Establishment of state managed fund 14 21 Payments into state managed fund 14 22 Payments from state managed fund 15 Part 4 Financial management and reporting 23 Financial management obligations of administrator 17 24 Monthly reports by administrator 17 25 Annual report by administrator 18 26 Administrator to prepare financial statements for state pool accounts 19 27 Audit of financial statements 20 28 Performance audits 20 29 States to provide administrator with information about State managed funds 20 30 Provision of information generally 21 Part 5 Miscellaneous 31 Exclusion of ACT Acts 22 32 Application of Commonwealth Acts 22 33 Extraterritorial operation of Act 23 34 Act binds the ACT 23 Contents Page R6 27/02/25 Health (National Health Funding Pool and Administration) Act 2013 Effective: 27/02/25 contents 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 35 Delegation of functions of responsible Minister 23 36 Offences—use or divulge protected information 23 37 Regulation-making power 25 Part 10 Transitional—COAG Legislation Amendment Act 2025 60 Definitions—pt 10 26 61 References to COAG and standing council on health 26 62 Things started but not finished by COAG 26 63 Things started but not finished by standing council on health 27 64 Transitional regulations 27 65 Expiry—pt 10 27 Dictionary 28 Endnotes 1 About the endnotes 31 2 Abbreviation key 31 3 Legislation history 32 4 Amendment history 33 5 Earlier republications 35 6 Expired transitional or validating provisions 36 R6 27/02/25 Health (National Health Funding Pool and Administration) Act 2013 Effective: 27/02/25 page 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Health (National Health Funding Pool and Administration) Act 2013 An Act to apply a national law relating to the reform of health funding arrangements and administration, and for other purposes Part 1 Preliminary Section 1 page 2 Health (National Health Funding Pool and Administration) Act 2013 Effective: 27/02/25 R6 27/02/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 1 Preliminary 1 Name of Act This Act is the Health (National Health Funding Pool and Administration) Act 2013. 3 Dictionary The dictionary at the end of this Act is part of this Act. Note The dictionary at the end of this Act defines certain terms used in this Act. 4 Constitution of Ministerial Council etc (1) The Ministerial Council, 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 the council is to be construed as a reference to those Ministerial members only. (2) If there are 2 or more Ministers for the Commonwealth or for a State who are members of the Ministerial Council, the relevant Minister for this Act is the Minister having primary portfolio responsibility for health in his or her jurisdiction. (3) A reference in this Act to the agreement of, or a request by, a member of the Ministerial Council is a reference to an agreement or request in writing. Preliminary Part 1 Section 5 R6 27/02/25 Health (National Health Funding Pool and Administration) Act 2013 Effective: 27/02/25 page 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 5 Interpretation (1) The Legislation Act 2001 does not apply to this Act (other than part 1 (Preliminary), section 37 (Regulation-making power) and part 6 (Transitional)). (2) This Act is to be interpreted in accordance with the Health Practitioner Regulation National Law (ACT), schedule 7 and, for that purpose, schedule 7 applies— (a) as if references to ‘this Law’ or a Queensland Act were references to this Act or an Act of this jurisdiction; and (b) with all other necessary modifications. 6 Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. Part 2 Administrator of the national health funding pool Section 7 page 4 Health (National Health Funding Pool and Administration) Act 2013 Effective: 27/02/25 R6 27/02/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2 Administrator of the national health funding pool 7 The office of administrator (1) The office of administrator of the national health funding pool is established. (2) It is the intention of the Legislative Assembly 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. (3) The administrator appointed under this Act may exercise and perform the functions of the administrator in relation to— (a) one jurisdiction; or (b) 2 or more or all jurisdictions collectively. (4) A reference in a provision of this Act (other than in section 13 (1) (Functions of administrator) or part 3 (National health funding pool)) 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. 8 Appointment of administrator (1) The Minister for this jurisdiction who is a member of the Ministerial Council is to appoint an individual to the office of the administrator of the national health funding pool under this Act. (2) Before the appointment is made, the chair of the Ministerial Council is to give each member of the council an opportunity to nominate an individual for appointment. Administrator of the national health funding pool Part 2 Section 9 R6 27/02/25 Health (National Health Funding Pool and Administration) Act 2013 Effective: 27/02/25 page 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) An appointment is not to be made unless all the members of the Ministerial Council 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. (4) The appointment is to be made by instrument in writing. (5) The administrator is to be appointed (subject to subsection (3)) for the period, not exceeding 5 years, and on the conditions stated in his or her instrument of appointment, but is eligible for re-appointment. (6) The administrator is entitled to the remuneration determined in accordance with the law of the Commonwealth. 9 Suspension of administrator (1) The chair of the Ministerial Council is required to suspend the administrator from office if requested to do so by— (a) at least 3 members of the council who are Ministers of a State; or (b) the member of the council who is a Minister of the Commonwealth. (2) A member of the Ministerial Council is not to request the suspension of the administrator unless the member is satisfied that the administrator— (a) is, because of any physical or mental incapacity or otherwise, unable to perform his or her functions satisfactorily; or (b) has failed to comply with his or her obligations or duties as administrator; or (c) has been accused or convicted of an offence that carries a penalty of imprisonment; or (d) has or may become bankrupt. Part 2 Administrator of the national health funding pool Section 10 page 6 Health (National Health Funding Pool and Administration) Act 2013 Effective: 27/02/25 R6 27/02/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) A suspension is to be effected by an instrument in writing and is to be notified by the chair of the Ministerial Council to all members of the council. (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 Ministerial Council— (a) terminates the suspension; or (b) extends the suspension for a stated further period. (5) Despite subsection (1), the chair of the Ministerial Council 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. 10 Removal or resignation of administrator (1) The Minister for this jurisdiction who is a member of the Ministerial Council 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. (2) The administrator is to be removed from office by an instrument in writing that takes effect on the date agreed to by the majority of the members of the Ministerial Council. (3) The administrator may resign as administrator by notice in writing to the chair of the Ministerial Council. (4) The resignation of the administrator takes effect on the date notified by the chair of the Ministerial Council to all members of the council. Administrator of the national health funding pool Part 2 Section 11 R6 27/02/25 Health (National Health Funding Pool and Administration) Act 2013 Effective: 27/02/25 page 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 11 Acting administrator (1) The chair of the Ministerial Council 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. (2) Any acting appointment may only be made from a panel of people, and in accordance with the procedure, agreed to by all the members of the Ministerial Council. Note The Health Practitioner Regulation National Law (ACT), sch 7, cl 27 contains additional provisions relating to acting appointments that have effect subject to this section. 12 Provision of staff and facilities for administrator (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 (Cwlth). (2) The administrator is not entitled to delegate a function conferred on the administrator under this Act to that body, to a member of the staff or to any other person or body. 13 Functions of administrator (1) The administrator is— (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 (b) to monitor State payments into each state pool account for the purposes of part 4 (Financial management and reporting); and Part 2 Administrator of the national health funding pool Section 13 page 8 Health (National Health Funding Pool and Administration) Act 2013 Effective: 27/02/25 R6 27/02/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) to make payments from each state pool account in accordance with the directions of the State concerned; and (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 (e) to exercise or perform any other functions conferred on the administrator under this Act. (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. (3) However, the administrator is required to comply with any directions given by the First Ministers’ Council in relation to the manner in which the administrator exercises or performs his or her functions under this Act (including in relation to the preparation or provision of annual or monthly reports, financial statements or information under part 4). (4) Directions given by the First Ministers’ Council under subsection (3)— (a) are to be given in accordance with a written resolution of the First Ministers’ Council passed in accordance with the procedures determined by that council; and (b) are to be notified in writing to the administrator; and (c) are to be made publicly available by the administrator. (5) To avoid doubt, this Act is not intended— (a) to give the Commonwealth ownership or control of money in a state pool account; or Administrator of the national health funding pool Part 2 Section 13 R6 27/02/25 Health (National Health Funding Pool and Administration) Act 2013 Effective: 27/02/25 page 9 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) to affect the obligation of the administrator under the law of a State to make payments from the state pool account of the State in accordance with the directions of the State. (6) To avoid doubt, the administrator may have regard to information obtained in the exercise or performance of functions under the law of another jurisdiction in the exercise or performance of the administrator’s functions under part 4. Part 3 National health funding pool Division 3.1 State pool account Section 14 page 10 Health (National Health Funding Pool and Administration) Act 2013 Effective: 27/02/25 R6 27/02/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 National health funding pool Division 3.1 State pool account 14 Establishment of ACT local hospital network directorate The Treasurer must, under the Financial Management Act, dictionary, definition of directorate, paragraph (b), establish and keep a directorate (the ACT local hospital network directorate) for this Act. Note The ACT local hospital network directorate is part of the administrative unit responsible for this Act (see Financial Management Act, dict, def directorate, par (b)). 15 Establishment of state pool account with Reserve Bank (1) The director-general must open and keep a bank account (the state pool account) with the Reserve Bank of Australia solely for the ACT’s use under this Act. (2) A state pool account is a directorate banking account of the ACT local hospital network directorate. (3) The Financial Management Act, section 34 (3) (Directorate banking accounts) does not apply to the opening or keeping of a bank account under this section. (4) To remove any doubt, the Financial Management Act, section 34 (7) does not apply to the opening or keeping of a bank account under this section to the extent that it requires compliance with that Act, section 34 (3). (5) The ACT Treasurer may enter into an agreement with the Reserve Bank of Australia in relation to the state pool account. National health funding pool Part 3 State pool account Division 3.1 Section 16 R6 27/02/25 Health (National Health Funding Pool and Administration) Act 2013 Effective: 27/02/25 page 11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 16 Payments into state pool account (1) The following must be paid into the state pool account: (a) all activity-based funding allocated from ACT funds for the provision of public hospital services under the national health reform agreement; (b) all funding received from the Commonwealth for the provision of public hospital services and other health services under the national health reform agreement; (c) money paid to the ACT by another State for payment into the state pool account under the national health reform agreement; (d) any other funding received from the Commonwealth for payment into the state pool account. (2) The following may be paid into the state pool account: (a) exceptional payments for the provision of health services decided by the director-general; (b) interest earned on the account. (3) The amounts paid into the state pool account may include adjustments— (a) to reflect the difference between estimated and actual health services provided; and (b) for other funding reconciliations under the national health reform agreement. Part 3 National health funding pool Division 3.1 State pool account Section 17 page 12 Health (National Health Funding Pool and Administration) Act 2013 Effective: 27/02/25 R6 27/02/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 17 Payments from state pool account (1) Payments of funds from the state pool account, including the timing of the payments, are to be made only by the administrator in accordance with a direction of the responsible Minister for this jurisdiction. (2) The administrator is required to authorise personally each payment made from the state pool account. (3) Payments from the state pool account are to be made only— (a) to local hospital networks and for other health services; or (b) to the state managed fund; or (c) to a Territory banking account (other than the state pool account or the state managed fund); or (d) for any other matter that is to be funded through the state pool account. (4) For subsection (3) (a), a payment to a local hospital network includes a payment to another entity on behalf of the network for corporate or other services provided to the network by that entity. (5) A direction made by the Minister to the administrator for the payment of funds from the state pool account is to be consistent with— (a) the purpose for which the funding was paid into the account; and (b) the national health reform agreement; and (c) advice provided by the administrator about the basis on which the administrator has calculated payments into the account by the Commonwealth; and (d) any relevant service agreement between the director-general and a local hospital network. National health funding pool Part 3 State pool account Division 3.1 Section 18 R6 27/02/25 Health (National Health Funding Pool and Administration) Act 2013 Effective: 27/02/25 page 13 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (6) This section does not prevent the Minister from directing the administrator to pay funds— (a) to reflect the difference between estimated and actual health services provided; or (b) for other funding reconciliations under the national health reform agreement; or (c) to correct any error in payments out of the state pool account; or (d) to pay fees associated with maintaining the state pool account, including financial institution fees and audit fees; or (e) for interest earned on the state pool account—for any purpose decided by the ACT Treasurer. 18 Payment from state pool account if no administrator If there is no administrator or acting administrator appointed under this Act, the director-general may pay funds from the state pool account at the direction of the responsible Minister for this jurisdiction as if the director-general were the administrator. 19 Distribution of Commonwealth funding (1) Directions by the responsible Minister for this jurisdiction to the administrator for payments from the state pool account are, in relation to the distribution of Commonwealth funding provided to the ACT 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. (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 this jurisdiction. Part 3 National health funding pool Division 3.2 State managed fund Section 20 page 14 Health (National Health Funding Pool and Administration) Act 2013 Effective: 27/02/25 R6 27/02/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 3.2 State managed fund 20 Establishment of state managed fund (1) The director-general must open and keep an account (the state managed fund) with an authorised deposit-taking institution. (2) The state managed fund is a directorate banking account of the ACT local hospital network directorate. 21 Payments into state managed fund (1) The following must be paid into the state managed fund: (a) block funding for the provision of public hospital services and other health services allocated by the ACT under the national health reform agreement; (b) funding for teaching, training and research related to the provision of health services allocated by the ACT under the national health reform agreement; (c) amounts paid from the state pool account equivalent to block funding and funding for teaching, training and research related to the provision of health services provided by the Commonwealth under the national health reform agreement; (d) other amounts paid from the state pool account. (2) Exceptional payments for the provision of health services decided by the director-general may be paid into the state managed fund. (3) The amounts paid into the state managed fund may include adjustments— (a) to reflect the difference between estimated and actual health services provided; and (b) for other funding reconciliations under the national health reform agreement. National health funding pool Part 3 State managed fund Division 3.2 Section 22 R6 27/02/25 Health (National Health Funding Pool and Administration) Act 2013 Effective: 27/02/25 page 15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) In this section: block funding— (a) means funding for public hospital services for public patients that are not appropriately funded through activity-based funding; but (b) does not include top-up funding provided by the Commonwealth under the national health reform agreement. 22 Payments from state managed fund (1) The payment of funds from the state managed fund, including the timing of the payments, is to be made by the director-general. (2) Payments from the state managed fund are to be made only— (a) to local hospital networks and for other health services; and (b) to universities and other providers of teaching, training and research related to the provision of health services; and (c) to a Territory banking account (other than the state pool account or the state managed fund). (3) For subsection (2) (a), a payment to a local hospital network includes a payment to another entity on behalf of the network for corporate or other services provided to the network by that entity. (4) Payment of funds from the state managed fund is to be consistent with— (a) the purpose for which the funding was paid into the fund; and (b) the national health reform agreement; and (c) any relevant service agreement between the director-general and a local hospital network. Part 3 National health funding pool Division 3.2 State managed fund Section 22 page 16 Health (National Health Funding Pool and Administration) Act 2013 Effective: 27/02/25 R6 27/02/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (5) This section does not prevent the director-general from paying funds from the state managed fund— (a) to reflect the difference between estimated and actual health services provided; or (b) for other funding reconciliations under the national health reform agreement; or (c) to correct any error in payments out of the fund; or (d) to pay fees associated with maintaining the fund, including financial institution fees and audit fees. Financial management and reporting Part 4 Section 23 R6 27/02/25 Health (National Health Funding Pool and Administration) Act 2013 Effective: 27/02/25 page 17 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4 Financial management and reporting 23 Financial management obligations of administrator The administrator must— (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 the accounts are made in accordance with the directions of the responsible Minister); and (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 (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. 24 Monthly reports by administrator (1) The administrator must provide monthly reports to the Commonwealth and each State containing the following information for the relevant month: (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; (b) the amounts paid into each state pool account by the Commonwealth and the basis on which the payments were made; Part 4 Financial management and reporting Section 25 page 18 Health (National Health Funding Pool and Administration) Act 2013 Effective: 27/02/25 R6 27/02/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (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; (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; (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; (f) the number of other public hospital services and functions funded from a state pool account or state managed fund (including a running financial year total). (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. (3) The administrator is to make reports provided under this section publicly available. 25 Annual report by administrator (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 during the financial year. (2) The annual report must include the following information for the relevant financial year: (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; Financial management and reporting Part 4 Section 26 R6 27/02/25 Health (National Health Funding Pool and Administration) Act 2013 Effective: 27/02/25 page 19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) the amounts paid into each state pool account by the Commonwealth and the basis on which the payments were made; (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; (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; (e) the number of public hospital services funded for each local hospital network in accordance with the system of activity based funding; (f) the number of other public hospital services and functions funded from a state pool account or state managed fund. (3) The annual report is to be accompanied by— (a) an audited financial statement for each state pool account; and (b) a financial statement that combines the audited financial statements for each state pool account. (4) The responsible Minister must, as soon as practicable after receiving an annual report under this section, present a copy of the report to the Legislative Assembly. 26 Administrator to prepare financial statements for state pool accounts The administrator must, after each financial year, prepare— (a) a financial statement for each state pool account that details financial transactions during that financial year; and (b) a combined financial statement that consists of the financial statements for each state pool account for the financial year. Part 4 Financial management and reporting Section 27 page 20 Health (National Health Funding Pool and Administration) Act 2013 Effective: 27/02/25 R6 27/02/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 27 Audit of financial statements A financial statement under this part for the ACT state pool account is to be audited by the ACT auditor-general in accordance with the Auditor-General Act. 28 Performance audits (1) Before the ACT auditor-general conducts a performance audit, the ACT auditor-general must notify the auditors-general of all other jurisdictions of his or her intention to conduct the proposed audit. (2) Auditors-general who are conducting performance audits at the same time are to make arrangements to co-ordinate the conduct of those audits in relation to any requirements imposed on the administrator. (3) A performance audit must be conducted by the ACT auditor-general in accordance with the Auditor-General Act. (4) In this section: performance audit means 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. 29 States to provide administrator with information about State managed funds (1) The responsible Minister for a State is to provide information to the administrator about any of the following matters relating to the state managed fund of the State that the administrator requires for the preparation of reports and financial statements under this part: (a) the amounts paid by the State into the state managed fund and the basis on which the payments were made; Financial management and reporting Part 4 Section 30 R6 27/02/25 Health (National Health Funding Pool and Administration) Act 2013 Effective: 27/02/25 page 21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (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; (c) public hospital services and functions that are funded from the state managed fund. (2) The information is to be provided by the time requested by the administrator. 30 Provision of information generally (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. (2) The information is to be provided by the time requested by the responsible Minister. (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. (4) The administrator may at any time provide any information that relates to a jurisdiction to the responsible Minister for that jurisdiction. (5) Any information relating to a jurisdiction that is provided by the administrator to another jurisdiction may only be publicly released by that other jurisdiction in accordance with arrangements approved by the responsible Minister for the jurisdiction to which the information relates. Part 5 Miscellaneous Section 31 page 22 Health (National Health Funding Pool and Administration) Act 2013 Effective: 27/02/25 R6 27/02/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 5 Miscellaneous 31 Exclusion of ACT Acts The following Acts do not apply to or in relation to the administrator or a function exercised by the administrator: (a) the Freedom of Information Act 2016; (b) the Health Records (Privacy and Access) Act 1997; (c) the Information Privacy Act 2014; (d) the Ombudsman Act 1989; (e) the Territory Records Act 2002. 32 Application of Commonwealth Acts (1) The following Acts apply (subject to subsection (2)) as laws of this jurisdiction to or in relation to the administrator or a function exercised by the administrator: (a) the Archives Act 1983 (Cwlth); (b) the Australian Information Commissioner Act 2010 (Cwlth); (c) the Freedom of Information Act 1982 (Cwlth); (d) the Ombudsman Act 1976 (Cwlth); (e) the Privacy Act 1988 (Cwlth). (2) Each of the Acts mentioned in subsection (1) applies for the purposes of this Act subject to the modifications made by regulations made under the National Health Reform Act 2011 (Cwlth) with the agreement of all the members of the Ministerial Council. Miscellaneous Part 5 Section 33 R6 27/02/25 Health (National Health Funding Pool and Administration) Act 2013 Effective: 27/02/25 page 23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 33 Extraterritorial operation of Act The Legislative Assembly intends that this Act is to operate to include, in so far as the legislative power of the Legislative Assembly permits, the following: (a) things situated in or outside the territorial limits of this jurisdiction; (b) acts, transactions and matters done, entered into or occurring in or outside the territorial limits of this jurisdiction; (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. 34 Act binds the ACT This Act binds the ACT and, in so far as the legislative power of the Legislative Assembly permits, the ACT in all its other capacities. 35 Delegation of functions of responsible Minister (1) The responsible Minister for this jurisdiction may delegate to an authority or officer of the State the Minister’s functions under this Act. (2) This section does not apply to the functions of a Minister under part 2 (Administrator of the national health funding pool). 36 Offences—use or divulge protected information (1) A person to whom this section applies commits an offence if— (a) the person uses information; and (b) the information is protected information about someone else; and Part 5 Miscellaneous Section 36 page 24 Health (National Health Funding Pool and Administration) Act 2013 Effective: 27/02/25 R6 27/02/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) the person is reckless about whether the information is protected information about someone else. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (2) A person to whom this section applies commits an offence if— (a) the person does something that divulges information; and (b) the information is protected information about someone else; and (c) the person is reckless about whether— (i) the information is protected information about someone else; and (ii) doing the thing would result in the information being divulged to someone else. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (3) Subsections (1) and (2) do not apply if the information is used or divulged— (a) under this Act or another territory law; or (b) in relation to the exercise of a function, by a person to whom this section applies, under this Act or another territory law; or (c) in a court proceeding. (4) Subsections (1) and (2) do not apply to the using or divulging of protected information about a person with the person’s consent. Note The defendant has an evidential burden in relation to the matters mentioned in s (3) and s (4) (see Criminal Code 2002, s 58). Miscellaneous Part 5 Section 37 R6 27/02/25 Health (National Health Funding Pool and Administration) Act 2013 Effective: 27/02/25 page 25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (5) A person to whom this section applies need not divulge protected information to a court, or produce a document containing protected information to a court, unless it is necessary to do so for this Act or another law applying in the territory. (6) In this section: court includes a tribunal, authority or person having power to require the production of documents or the answering of questions. divulge includes— (a) communicate; or (b) publish. person to whom this section applies means— (a) a person who is or has been the administrator; or (b) anyone else who has exercised a function under this Act. produce includes allow access to. protected information means information about a person that is disclosed to, or obtained by, a person to whom this section applies because of the exercise of a function under this Act by the person or someone else. territory law—see the Legislation Act 2001, part 1, dictionary. use, in relation to information, includes make a record of the information. 37 Regulation-making power The Executive may make regulations for this Act. Note A regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act. Part 10 Transitional—COAG Legislation Amendment Act 2025 Section 60 page 26 Health (National Health Funding Pool and Administration) Act 2013 Effective: 27/02/25 R6 27/02/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 10 Transitional—COAG Legislation Amendment Act 2025 60 Definitions—pt 10 In this part: COAG—see the pre-amendment Act, dictionary. commencement day means the day the COAG Legislation Amendment Act 2025, section 3 commences. pre-amendment Act means the Health (National Health Funding Pool and Administration) Act 2013, as in force immediately before the commencement day. standing council on health—see the pre-amendment Act, dictionary. 61 References to COAG and standing council on health (1) A reference to COAG in the Act before the commencement day is taken, from 29 May 2020, to be a reference to the First Ministers’ Council. Note On 29 May 2020, National Cabinet agreed to the cessation of the Council of Australian Governments. (2) A reference to the standing council on health in the Act before the commencement day is taken, from 23 October 2020, to be a reference to the Ministerial Council. Note On 23 October 2020, National Cabinet agreed to the review of the Ministerial councils and forums. 62 Things started but not finished by COAG (1) This section applies if— (a) COAG started doing something before 30 May 2020; and Transitional—COAG Legislation Amendment Act 2025 Part 10 Section 63 R6 27/02/25 Health (National Health Funding Pool and Administration) Act 2013 Effective: 27/02/25 page 27 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) immediately before 30 May 2020, COAG had not finished doing the thing. (2) The First Ministers’ Council may, after 29 May 2020, finish doing the thing. 63 Things started but not finished by standing council on health (1) This section applies if— (a) the standing council on health started doing something before 24 October 2020; and (b) immediately before 24 October 2020, the standing council on health had not finished doing the thing. (2) The Ministerial Council may, after 23 October 2020, finish doing the thing. 64 Transitional regulations (1) A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of the COAG Legislation Amendment Act 2025. (2) A regulation may modify this part (including in relation to another territory law) to make provision in relation to anything that, in the Executive’s opinion, is not, or is not adequately or appropriately, dealt with in this part. (3) A regulation under subsection (2) has effect despite anything elsewhere in this Act or another territory law. 65 Expiry—pt 10 This part expires 2 years after the commencement day. Note A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88). Dictionary page 28 Health (National Health Funding Pool and Administration) Act 2013 Effective: 27/02/25 R6 27/02/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary (see s 3) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act, pt 1 and pt 6. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: • commencement • territory law • transitional. ACT means the Australian Capital Territory. ACT auditor-general means the Auditor-General for the ACT under the Auditor-General Act. ACT local hospital network directorate—see section 14. ACT Treasurer means the Minister designated Treasurer by the Chief Minister, and includes a Minister authorised by the Chief Minister to act on behalf of the Treasurer. administrator means the administrator of the national health funding pool appointed under section 8 and under the corresponding provision of the laws of the Commonwealth and the other States. Auditor-General Act means the Auditor-General Act 1996. authorised deposit-taking institution means an authorised deposit-taking institution under the Banking Act 1959 (Cwlth). Chief Minister means the Chief Minister for the ACT. directorate banking account—see the Financial Management Act, dictionary. director-general means the person engaged under the Public Sector Management Act 1994, section 31 (2) to exercise the functions of director-general in the administrative unit of which the ACT local hospital network directorate is part. Dictionary R6 27/02/25 Health (National Health Funding Pool and Administration) Act 2013 Effective: 27/02/25 page 29 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Financial Management Act means the Financial Management Act 1996. First Ministers’ Council means a body (however described) that consists only of, or that includes, the following: (a) the Prime Minister; (b) the Premiers of each State; (c) the Chief Ministers of the Australian Capital Territory and Northern Territory. function includes a power, authority or duty. health service— (a) means a health service defined in the Health Act 1993, section 5; and (b) includes teaching, training and research related to the provision of a health service. Legislative Assembly means the Legislative Assembly for the ACT. Note The Legislative Assembly is established by the Australian Capital Territory (Self-Government) Act 1988 (Cwlth). local hospital network means an organisation that is a local hospital network (however described) for the purposes of the national health reform agreement. Ministerial Council means a body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for matters relating to health. national health funding pool means the combined state pool accounts for each State. Dictionary page 30 Health (National Health Funding Pool and Administration) Act 2013 Effective: 27/02/25 R6 27/02/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au national health reform agreement means the National Health Reform Agreement between the Commonwealth and the States that was agreed to by the Council of Australian Governments on 2 August 2011, as amended from time to time. Note On 29 May 2020, National Cabinet agreed to the cessation of the Council of Australian Governments. responsible Minister for a jurisdiction means the relevant Minister with portfolio responsibility for the administration of the provision of this Act in which the expression occurs (or of the corresponding provision of the law of the Commonwealth and the other States). State includes the ACT and the Northern Territory. state managed fund of a State means a bank account or fund established 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. state pool account of a State means the bank account established by the State under part 3 (National health funding pool) or under the corresponding provisions of the law of another State. this jurisdiction means the ACT. Endnotes About the endnotes 1 R6 27/02/25 Health (National Health Funding Pool and Administration) Act 2013 Effective: 27/02/25 page 31 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired Endnotes 3 Legislation history page 32 Health (National Health Funding Pool and Administration) Act 2013 Effective: 27/02/25 R6 27/02/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3 Legislation history Health (National Health Funding Pool and Administration) Act 2013 A2013-2 notified LR 20 February 2013 s 1, s 2 commenced 20 February 2013 (LA s 75 (1)) remainder commenced 21 February 2013 (s 2) as amended by Justice and Community Safety Legislation Amendment Act 2014 (No 2) A2014-49 sch 1 pt 1.8 notified LR 10 November 2014 s 1, s 2 commenced 10 November 2014 (LA s 75 (1)) sch 1 pt 1.8 commenced 17 November 2014 (s 2) Public Sector Management Amendment Act 2016 A2016-52 sch 1 pt 1.34 notified LR 25 August 2016 s 1, s 2 commenced 25 August 2016 (LA s 75 (1)) sch 1 pt 1.34 commenced 1 September 2016 (s 2) Freedom of Information Act 2016 A2016-55 sch 4 pt 4.13 (as am by A2017-14 s 19) notified LR 26 August 2016 s 1, s 2 commenced 26 August 2016 (LA s 75 (1)) sch 4 pt 4.13 commenced 1 January 2018 (s 2 as am by A2017-14 s 19) Justice and Community Safety Legislation Amendment Act 2017 (No 2) A2017-14 s 19 notified LR 17 May 2017 s 1, s 2 commenced 17 May 2017 (LA s 75 (1)) s 19 commenced 24 May 2017 (s 2 (1)) Note This Act only amends the Freedom of Information Act 2016 A2016-55. COAG Legislation Amendment Act 2025 A2025-1 pt 4 notified LR 20 February 2025 s 1, s 2 commenced 20 February 2025 (LA s 75 (1)) pt 4 commenced 27 February 2025 (s 2) Endnotes Amendment history 4 R6 27/02/25 Health (National Health Funding Pool and Administration) Act 2013 Effective: 27/02/25 page 33 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 4 Amendment history Commencement s 2 om LA s 89 (4) Constitution of Ministerial Council etc s 4 hdg sub A2025-1 s 10 s 4 am A2025-1 s 18 Appointment of administrator s 8 am A2025-1 s 18 Suspension of administrator s 9 am A2025-1 s 18 Removal or resignation of administrator s 10 am A2025-1 s 18 Acting administrator s 11 am A2025-1 s 18 Functions of administrator s 13 am A2025-1 s 11, s 12 Exclusion of ACT Acts s 31 am A2014-49 amdt 1.17; pars renum R2 LA; A2016-55 amdt 4.15 Application of Commonwealth Acts s 32 am A2025-1 s 18 Transitional pt 6 hdg exp 21 February 2015 (s 40) Transitional and validation provisions s 38 exp 21 February 2015 (s 40) Transitional regulations s 39 exp 21 February 2015 (s 40) Expiry—pt 6 s 40 exp 21 February 2015 (s 40) Transitional—COAG Legislation Amendment Act 2025 pt 10 hdg ins A2025-1 s 13 exp 27 February 2027 (s 65) Definitions—pt 10 s 60 ins A2025-1 s 13 exp 27 February 2027 (s 65) Endnotes 4 Amendment history page 34 Health (National Health Funding Pool and Administration) Act 2013 Effective: 27/02/25 R6 27/02/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au References to COAG and standing council on health s 61 ins A2025-1 s 13 exp 27 February 2027 (s 65) Things started but not finished by COAG s 62 ins A2025-1 s 13 exp 27 February 2027 (s 65) Things started but not finished by standing council on health s 63 ins A2025-1 s 13 exp 27 February 2027 (s 65) Transitional regulations s 64 ins A2025-1 s 13 exp 27 February 2027 (s 65) Expiry—pt 10 s 65 ins A2025-1 s 13 exp 27 February 2027 (s 65) Dictionary dict def COAG om A2025-1 s 14 def director-general am A2016-52 amdt 1.99 def First Ministers’ Council ins A2025-1 s 15 def Ministerial Council ins A2025-1 s 15 def national health reform agreement sub A2025-1 s 16 def responsible Minister note exp 21 February 2015 (s 40) def standing council on health om A2025-1 s 17 Endnotes Earlier republications 5 R6 27/02/25 Health (National Health Funding Pool and Administration) Act 2013 Effective: 27/02/25 page 35 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No and date Effective Last amendment made by Republication for R1 21 Feb 2013 21 Feb 2013– 16 Nov 2014 not amended new Act R2 17 Nov 2014 17 Nov 2014– 21 Feb 2015 A2014-49 amendments by A2014-49 R3 22 Feb 2015 22 Feb 2015– 31 Aug 2016 A2014-49 expiry of transitional provision (pt 6) R4 1 Sept 2016 1 Sept 2016– 31 Dec 2017 A2016-52 amendments by A2016-52 R5 1 Jan 2018 1 Jan 2018– 26 Feb 2025 A2017-14 amendments by A2016-55 as amended by A2017-14 Endnotes 6 Expired transitional or validating provisions page 36 Health (National Health Funding Pool and Administration) Act 2013 Effective: 27/02/25 R6 27/02/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 6 Expired transitional or validating provisions This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)). Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry. To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act. © Australian Capital Territory 2025