National Health Funding Pool and Administration (National Uniform Legislation) Act 2012
1National Health Funding Pool and Administration (National Uniform Legislation) Act 2012
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NORTHERN TERRITORY OF AUSTRALIA
NATIONAL HEALTH FUNDING POOL AND ADMINISTRATION (NATIONAL
UNIFORM LEGISLATION) ACT 2012
As in force at 21 April 2023
Table of provisions
Part 1 Preliminary matters
1 Short title ......................................................................................... 1
2 Commencement .............................................................................. 1
3 Interpretation ................................................................................... 1
Part 2 Administrator of National Health Funding
Pool
4 The office of Administrator ............................................................... 3
5 Appointment of Administrator .......................................................... 4
6 Suspension of Administrator ............................................................ 4
7 Removal or resignation of Administrator .......................................... 5
8 Acting Administrator ........................................................................ 5
9 Provision of staff and facilities for Administrator .............................. 6
10 Functions of Administrator ............................................................... 6
Part 3 State Pool Accounts – the National Health
Funding Pool
11 Establishment of State Pool Accounts with Reserve Bank .............. 7
12 Payments into State Pool Account .................................................. 8
13 Payments from State Pool Account ................................................. 8
14 State Managed Funds ..................................................................... 9
15 Distribution of Commonwealth funding ............................................ 9
Part 4 Financial management and reporting
16 Financial management obligations of Administrator ...................... 10
17 Monthly reports by Administrator ................................................... 10
18 Annual report by Administrator ...................................................... 11
19 Administrator to prepare financial statements for State Pool
Accounts ........................................................................................ 12
20 Audit of financial statements .......................................................... 12
21 Performance audits ....................................................................... 12
22 States to provide Administrator with information about State
Managed Funds............................................................................. 13
23 Provision of information generally.................................................. 13
National Health Funding Pool and Administration (National Uniform Legislation) Act 2012 ii
Part 5 Miscellaneous matters
24 Exclusion of legislation of this jurisdiction ...................................... 14
25 Application of Commonwealth Acts ............................................... 15
26 Extraterritorial operation of Act ...................................................... 15
27 Act binds Crown ............................................................................ 15
28 Delegation of functions of responsible Minister ............................. 15
29 Declarations for this Act ................................................................. 16
30 Transitional and validation provisions ............................................ 16
31 Regulations.................................................................................... 16
Part 6 Amendment of Financial Management Act
32 Act amended ................................................................................. 16
33 Amendment of section 3 ................................................................ 16
34 Amendment of section 6 ................................................................ 17
35 Amendment of section 13 .............................................................. 18
36 Amendment of section 15 .............................................................. 18
37 Amendment of section 27 .............................................................. 19
ENDNOTES
Section 1 - National Health Funding Pool and Administration (National Uniform Legislation) Act 2012 - National Health Funding Pool and Administration (National Uniform Legislation) Act 2012 | Zoe
NORTHERN TERRITORY OF AUSTRALIA
As in force at 21 April 2023
NATIONAL HEALTH FUNDING POOL AND ADMINISTRATION (NATIONAL
UNIFORM LEGISLATION) ACT 2012
An Act about the National Health Funding Pool and related
administration for the purposes of the National Health Reform
Agreement between the Commonwealth and the States and Territories,
and for related purposes
Part 1 Preliminary matters
1 Short title
This Act may be cited as the National Health Funding Pool and
Administration (National Uniform Legislation) Act 2012.
2 Commencement
This Act commences on the day fixed by the Administrator by
Gazette notice.
3 Interpretation
(1) In this Act:
Administrator means the Administrator of the National Health
Funding Pool appointed under section 5 and under the
corresponding provision of the laws of the Commonwealth and the
other States.
Note
See the definition of NT Administrator.
Agency (Health) means the Agency that is responsible for health
as an area of government and is administered by the Minister for
this jurisdiction who is a member of the Ministerial Council.
CEO (Health) means the chief executive officer of the Agency
(Health).
Part 1 Preliminary matters
National Health Funding Pool and Administration (National Uniform Legislation) Act 2012 2
First Ministers' Council means a body (however described) that
consists 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.
local hospital network means an organisation that is a local
hospital network (however described) for the purposes of the
National Health Reform Agreement.
Note for definition local hospital network
See section 10(2) of the Health Service Act 2021.
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.
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.
NT Administrator means the Administrator, or an Acting
Administrator, appointed under the Northern Territory (Self-
Government) Act 1978 (Cth).
Note
This definition is included to distinguish the Administrator of the Northern
Territory from the person appointed as the Administrator of the National Health
Funding Pool under section 5 and under the corresponding provision of the laws
of the Commonwealth and other States.
responsible Minister, for a jurisdiction, means the relevant
Minister with portfolio responsibility for the administration of the
provision of this Act in which the expression occurs (or of the
corresponding provision of the laws of the Commonwealth and the
other States).
Note
See also section 30.
Part 2 Administrator of National Health Funding Pool
National Health Funding Pool and Administration (National Uniform Legislation) Act 2012 3
State includes the Australian Capital Territory and the Northern
Territory.
State Managed Fund, of a State, means a bank account or fund
established or designated by the State for the purposes of health
funding under the National Health Reform Agreement that is
required to be undertaken in the State through a State Managed
Fund.
State Pool Account, of a State, means the bank account
established by the State under Part 3 or under the corresponding
provisions of the law of another State.
(4) 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.
(5) This Act is to be interpreted in accordance with Schedule 7 to the
Health Practitioner Regulation National Law (NT) and, for that
purpose, Schedule 7 applies as if references to this Law or a
Queensland Act were references to this Act or an Act of this
jurisdiction, and with all other necessary modifications.
(6) Subsection (5) is subject to section 24(2).
Part 2 Administrator of National Health Funding Pool
4 The office of Administrator
(1) The office of Administrator of the National Health Funding Pool is
established by this Act.
(2) It is the intention of Parliament that the same individual holds the
office established under subsection (1) and under the
corresponding provision of the law of the Commonwealth and the
other States.
(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 10(1) or
Part 3) to a function of the Administrator under this Act includes a
reference to a function of the Administrator under the corresponding
provision of the law of the Commonwealth and the other States.
Part 2 Administrator of National Health Funding Pool
National Health Funding Pool and Administration (National Uniform Legislation) Act 2012 4
5 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.
(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 specified
in his or her instrument of appointment, but is eligible for
reappointment.
(6) The Administrator is entitled to the remuneration determined in
accordance with the law of the Commonwealth.
6 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 National Health Funding Pool
National Health Funding Pool and Administration (National Uniform Legislation) Act 2012 5
(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) terminate the suspension; or
(b) extend the suspension for a specified 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.
7 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.
8 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.
Part 2 Administrator of National Health Funding Pool
National Health Funding Pool and Administration (National Uniform Legislation) Act 2012 6
(2) Any such appointment may only be made from a panel of persons,
and in accordance with the procedure, agreed to by all the
members of the Ministerial Council.
Note for section 8
The applied provisions of Schedule 7 to the Health Practitioner Regulation
National Law (clause 27) contain additional provisions relating to acting
appointments that have effect subject to this section.
9 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 (Cth).
(2) The Administrator is not entitled to delegate a function conferred on
the Administrator under this Act to that body, to any such member
of staff or to any other person or body.
10 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; and
(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.
Note for subsection (1)
The corresponding legislation of the Commonwealth will provide the functions of
the Administrator include monitoring Commonwealth payments into each State
Pool Account for the purposes of Part 4.
Part 3 State Pool Accounts – the National Health Funding Pool
National Health Funding Pool and Administration (National Uniform Legislation) Act 2012 7
(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 the First Ministers' 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
(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 State Pool Accounts – the National Health
Funding Pool
11 Establishment of State Pool Accounts with Reserve Bank
(1) The CEO (Health) is to open and maintain with the Reserve Bank of
Australia a separate State bank account for the purpose of the
National Health Reform Agreement.
(2) The bank account is the State Pool Account established for the
State for the purposes of this Act.
Part 3 State Pool Accounts – the National Health Funding Pool
National Health Funding Pool and Administration (National Uniform Legislation) Act 2012 8
12 Payments into State Pool Account
There is payable into the State Pool Account established for the
State:
(a) money paid to the State by the Commonwealth for payment
into the State Pool Account under the National Health Reform
Agreement; and
(b) money made available by the State for the purposes of
funding in the State through the State Pool Account under the
National Health Reform Agreement; and
(c) money paid to the State by another State for payment into the
State Pool Account under the National Health Reform
Agreement; and
(d) interest paid on money deposited in the State Pool Account,
unless directed to be paid into another bank account by the
responsible Minister for the State.
13 Payments from State Pool Account
(1) There is payable from the State Pool Account established for the
State amounts to fund the following in the State under the National
Health Reform Agreement (including through a State Managed
Fund):
(a) the services provided by local hospital networks;
(b) health teaching, training and research provided by local
hospital networks or other organisations;
(c) any other matter that under that Agreement is to be funded
through the National Health Funding Pool.
(2) Payments of amounts from the State Pool Account established for
the State are to be made by the Administrator strictly in accordance
with the directions of the responsible Minister for the State,
including on the amount of each payment, the party or account to
which it is to be paid and the timing of the payment.
(3) The Administrator is required to authorise personally each payment
made from the State Pool Account.
(4) The Administrator is, at the direction of the responsible Minister for
the State, to repay any money paid by the State into the State Pool
Account for the State that the responsible Minister is satisfied
constitutes an overpayment into that Account.
Part 3 State Pool Accounts – the National Health Funding Pool
National Health Funding Pool and Administration (National Uniform Legislation) Act 2012 9
(5) This section does not affect the payment from the State Pool
Account of charges imposed by the Reserve Bank of Australia for
the operation of that Account.
(6) This section does not require the payment for services and matters
referred to in subsection (1) to be made only from the State Pool
Account.
(7) For the purposes of this section, the funding of a local hospital
network includes the funding of another party on behalf of the
network for corporate or other services provided to the network by
that other party.
(8) If at any time when a payment from the State Pool Account is
required to be made there is no Administrator or the Administrator
is not available to make the payment at that time, the payment from
that Account may be made by an official of this State who is
directed by the responsible Minister for the State to make the
payment.
14 State Managed Funds
The CEO (Health) is to:
(a) open and maintain a separate bank account; or
(b) establish and maintain a separate fund; or
(c) designate an existing bank account or fund;
as the State Managed Fund for the State for the purposes of health
funding under the National Health Reform Agreement.
15 Distribution of Commonwealth funding
(1) Directions by the responsible Minister for the State to the
Administrator for payments from the State Pool Account are, in
relation to the distribution of Commonwealth funding provided to the
State under the National Health Reform Agreement, to be
consistent with the advice provided by the Administrator to the
Treasurer of the Commonwealth about the basis on which the
Administrator has calculated the payments to be made into that
Account by the Commonwealth.
(2) This section does not affect the obligation of the Administrator to
make payments from the State Pool Account strictly in accordance
with the directions of the responsible Minister for the State.
Part 4 Financial management and reporting
National Health Funding Pool and Administration (National Uniform Legislation) Act 2012 10
Part 4 Financial management and reporting
16 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
those Accounts are made in accordance with the directions of
the responsible Ministers); 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.
17 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;
(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;
Part 4 Financial management and reporting
National Health Funding Pool and Administration (National Uniform Legislation) Act 2012 11
(f) the number of other public hospital services and functions
funded from each State Pool Account or State Managed Fund
(including a running financial year total).
(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.
18 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 under this
Act 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;
(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 each 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
Part 4 Financial management and reporting
National Health Funding Pool and Administration (National Uniform Legislation) Act 2012 12
(b) a financial statement that combines the audited financial
statements for each State Pool Account.
(4) A responsible Minister must, as soon as practicable after receiving
an annual report under this section, cause a copy of the report to be
tabled in the Parliament of the responsible Minister's jurisdiction.
19 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.
20 Audit of financial statements
(1) A financial statement under this Part for the State Pool Account of a
State is to be audited by the Auditor-General of that State in
accordance with the relevant legislation of that State relating to
financial audit by the Auditor-General.
(2) The relevant legislation of the Territory is the Audit Act 1995.
21 Performance audits
(1) For the purposes of this section, a performance audit is an audit
by the Auditor-General of a jurisdiction of the exercise or
performance of the functions of the Administrator in relation to that
jurisdiction to determine whether the Administrator is acting
effectively, economically, efficiently and in compliance with all
relevant laws.
(2) Before the Auditor-General of this jurisdiction conducts a
performance audit, the Auditor-General must notify the Auditors-
General of all other jurisdictions of his or her intention to conduct
the proposed audit.
(3) Auditors-General who are conducting performance audits at the
same time are to make arrangements to coordinate the conduct of
those audits in relation to any requirements imposed on the
Administrator.
(4) A performance audit is to be conducted by the Auditor-General of
this jurisdiction in accordance with the Audit Act 1995.
Part 4 Financial management and reporting
National Health Funding Pool and Administration (National Uniform Legislation) Act 2012 13
22 States to provide Administrator with information about State
Managed Funds
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;
(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.
23 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 that
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 matters
National Health Funding Pool and Administration (National Uniform Legislation) Act 2012 14
Part 5 Miscellaneous matters
24 Exclusion of legislation of this jurisdiction
(1) The following Acts of this jurisdiction do not apply to or in respect of
the Administrator or any function exercised or performed by the
Administrator:
(a) the Information Act 2002;
(b) the Ombudsman Act 2009;
(c) any other Act prescribed by regulation to enable the
application of an Act of the Commonwealth under section 25.
(2) Also, the Interpretation Act 1978 does not apply to or in respect of
this Act except for the following:
(a) provisions for making and tabling subordinate legislation;
(b) provisions relating to the NT Administrator;
(c) prescribed Interpretation Act 1978 provisions.
(3) In this section:
prescribed Interpretation Act provision means a provision of the
Interpretation Act 1978 that is prescribed by regulation for this
section.
provisions for making and tabling subordinate legislation
means section 57 and Part VII, Divisions 2 and 3 (other than
section 68) of the Interpretation Act 1978.
provisions relating to the NT Administrator means sections 34
and 34A of the Interpretation Act 1978.
subordinate legislation means:
(a) regulations, rules or by-laws to which sections 63 to 63C of
the Interpretation Act 1978 apply; or
(b) a statutory instrument that, under an Act, is an instrument to
which sections 63 to 63C of the Interpretation Act 1978 apply.
Part 5 Miscellaneous matters
National Health Funding Pool and Administration (National Uniform Legislation) Act 2012 15
25 Application of Commonwealth Acts
(1) The following Acts apply (subject to subsection (2)) as laws of this
jurisdiction to or in respect of the Administrator and any function
exercised or performed by the Administrator:
(a) the Archives Act 1983 (Cth);
(b) the Australian Information Commissioner Act 2010 (Cth);
(c) the Freedom of Information Act 1982 (Cth);
(d) the Ombudsman Act 1976 (Cth);
(e) the Privacy Act 1988 (Cth).
(2) Each of those Acts so applies subject to the modifications made by
regulations made under the National Health Reform Act 2011 (Cth)
with the agreement of all the members of the Ministerial Council.
26 Extraterritorial operation of Act
It is the intention of Parliament that the operation of this Act is to
include, as far as possible, operation in relation to the following:
(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.
27 Act binds Crown
This Act binds the Crown in right of the Territory and, to the extent
the legislative power of the Legislative Assembly permits, the
Crown in all its other capacities.
28 Delegation of functions of responsible Minister
(1) The responsible Minister for this State may delegate to an authority
or officer of the State the responsible Minister's functions under this
Act.
(2) This section does not apply to the functions of a Minister under
Part 2.
Part 6 Amendment of Financial Management Act
National Health Funding Pool and Administration (National Uniform Legislation) Act 2012 16
29 Declarations for this Act
It is declared that, for the Financial Management Act 1995, the
State Pool Account and State Managed Fund are Operating
Accounts for the Agency (Health).
30 Transitional and validation provisions
(1) If, on the commencement of this Act, corresponding provisions to
this Act have not been enacted by another jurisdiction, the
responsible Minister for that jurisdiction for the purposes of this Act
is the Minister of that jurisdiction with portfolio responsibility for
health.
(2) Any thing done by a Minister of the Commonwealth or of a State
before the commencement of this Act that would have been validly
done if this Act, and the corresponding provisions of other
jurisdictions, had been in force at the time is taken to have been
validly done.
(3) Until this Act is mentioned in an administrative arrangement order
of this jurisdiction, it is declared that the responsible Minister for this
jurisdiction is the Minister who is the member of the Standing
Council on Health for this jurisdiction.
31 Regulations
The NT Administrator may make regulations under this Act.
Part 6 Amendment of Financial Management Act
32 Act amended
This Part amends the Financial Management Act 1995.
33 Amendment of section 3
(1) Section 3(1), definition Operating Account
omit
(2) Section 3(1)
insert (in alphabetical order)
National Health Reform Agreement, see section 3(1) of the NHFP
Act.
Part 6 Amendment of Financial Management Act
National Health Funding Pool and Administration (National Uniform Legislation) Act 2012 17
NHFP account means either of the following established under the
NHFP Act as an Operating Account for the Agency responsible for
administering that Act:
(a) the State Pool Account of the Territory;
(b) the State Managed Fund of the Territory.
NHFP Act means National Health Funding Pool and Administration
(National Uniform Legislation) Act 2012.
Operating Account means:
(a) a Government Business Division Operating Account, or an
Agency Operating Account, established under section 6(1); or
(b) an NHFP account.
(3) Section 3(1), definition official bank account, at the end
insert
Note
See section 27(7).
34 Amendment of section 6
(1) After section 6(1)
insert
Note for subsection (1)
The definition of Operating Account in section 3(1) includes each of the NHFP
accounts. However, a reference to an Operating Account established under this
Act is a reference to an account established under subsection (1).
(2) Section 6(2) and (3)
omit, insert
(2) There must be paid into an Operating Account the following to the
extent applicable to that Operating Account:
(a) payments from the Central Holding Authority in respect of the
functions for which the Agency is responsible;
(b) for an Operating Account for a Government Business
Division – all receipts of the Government Business Division;
Part 6 Amendment of Financial Management Act
National Health Funding Pool and Administration (National Uniform Legislation) Act 2012 18
(c) for an NHFP account – all receipts for the NHFP account
including payments from the Commonwealth under the
National Health Reform Agreement;
(d) other categories of receipts as are from time to time agreed by
the Treasurer and the Minister and specified in the Treasurer's
Directions issued under section 38.
(3) An amount of expenditure incurred may be paid from an Operating
Account as follows:
(a) for an Operating Account established under this Act – by the
Accountable Officer of the Agency that performs the functions
for which the Operating Account exists;
(b) for an NHFP account – in accordance with the NHFP Act.
(3) Section 6(4), after "Agency Operating Account"
insert
established under this Act
(4) Section 6(5), after "Operating Account"
insert
established under this Act
35 Amendment of section 13
After section 13(4)
insert
(5) In complying with subsections (1) and (2), the Accountable Officer
of the Agency responsible for administering the NHFP Act may rely
on records kept under Part 4 of that Act about the NHFP accounts.
36 Amendment of section 15
After section 15(2)
insert
(3) In complying with subsections (1) and (2), the records kept under
Part 4 of the NHFP Act about the NHFP accounts may be relied on.
Part 6 Amendment of Financial Management Act
National Health Funding Pool and Administration (National Uniform Legislation) Act 2012 19
37 Amendment of section 27
After section 27(6)
insert
(7) This section does not apply to a bank account opened and
maintained as required under the NHFP Act.
ENDNOTES
National Health Funding Pool and Administration (National Uniform Legislation) Act 2012 20
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
National Health Funding Pool and Administration (National Uniform Legislation)
Act 2012 (Act No. 21, 2012)
Assent date 30 June 2012
Commenced 19 July 2012 (Gaz S36, 17 July 2012)
Health Services Act 2014 (Act No. 18, 2014)
Assent date 2 June 2014
Commenced 1 July 2014 (Gaz S42, 24 June 2014)
Health Service Act 2021 (Act No. 10, 2021)
Assent date 20 May 2021
Commenced 1 July 2021 (s 2)
Interpretation Amendment Act 2021 (Act No. 28, 2021)
Assent date 15 December 2021
Commenced 1 January 2022 (s 2)
Statute Law Amendment (National Cabinet) Act 2023 (Act No. 9, 2023)
Assent date 20 April 2023
Commenced 21 April 2023 (s 2)
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: ss 1, 20, 21, 24, 29, 32 and 33.
ENDNOTES
National Health Funding Pool and Administration (National Uniform Legislation) Act 2012 21
4 LIST OF AMENDMENTS
s 3 amd No. 18, 2014, s 99; No. 10, 2021, s 50; No. 9, 2023, s 13
ss 5 – 8 amd No. 9, 2023, s 14
s 10 amd No. 9, 2023, s 14
s 24 amd No. 28, 2021, s 20
s 25 amd No. 9, 2023, s 14