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Short title
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This Act may be cited as the National Health Reform Act 2011.
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Commonwealth act
The National Health Reform Act 2011 establishes four national bodies to coordinate Australia’s public hospital and aged‑care system: setting safety and quality standards, determining efficient prices and aged‑care subsidies, and managing a central health funding pool and its administration. It reshapes how public hospitals, aged‑care providers, states/territories and the Commonwealth share funding and accountability—affecting service availability, quality benchmarks and how taxpayer funds are allocated.
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Direct links to the current provisions in National Health Reform Act 2011.
This Act may be cited as the National Health Reform Act 2011.
This Act commences on 1 July 2011.
The object of this Act is to establish: (a) the Australian Commission on Safety and Quality in Health Care; and (c) the Independent Health and Aged Care Pricing Authority; and (d) the office of Administrator of the National Health Funding Pool; and (e) the National Health Funding Body.
The following is a simplified outline of this Act:
• This Act sets up:
(a) the Australian Commission on Safety and Quality in Health Care; and
(b) the Independent Health and Aged Care Pricing Authority; and
(c) the office of Administrator of the National Health Funding Pool; and
(d) the National Health Funding Body.
• The Australian Commission on Safety and Quality in Health Care has functions relating to health care safety and quality matters.
• The main functions of the Independent Health and Aged Care Pricing Authority in relation to public hospitals and health care pricing and costing are as follows:
(a) to determine the national efficient price for health care services provided by public hospitals where the services are funded on an activity basis;
(b) to determine the efficient cost for health care services provided by public hospitals where the services are block funded;
(c) to publish this, and other information, for the purpose of informing decision makers in relation to the funding of public hospitals;
(d) if requested by the Minister or the Secretary, to advise the Commonwealth in relation to certain health care pricing and costing matters.
• The main functions of the Independent Health and Aged Care Pricing Authority in relation to aged care are as follows:
(a) to provide advice about certain aged care pricing and costing matters to each relevant Commonwealth Minister;
(b) to perform such functions as are conferred on the Independent Health and Aged Care Pricing Authority by the Aged Care Act.
• The main function of the Administrator of the National Health Funding Pool is to administer the National Health Funding Pool.
• The function of the National Health Funding Body is to assist the Administrator of the National Health Funding Pool.
In this Act:
Administrator means the Administrator of the National Health Funding Pool appointed under section 232 and under the corresponding provision of the laws of the States and Territories.
Aged Care Act means the Aged Care Act 2024.
Aged Care Act function has the meaning given by paragraph 131A(1)(e).
aged care information means information (including protected information within the meaning of the Aged Care Act) obtained in the course of:
(a) the performance of the following functions, or the exercising of powers for or in connection with the performance of the following functions:
(i) a function of the Pricing Authority mentioned in subsection 131A(1) (other than an Aged Care Act function);
(ii) a function of the Aged Care Advisory Committee (other than a function that relates to an Aged Care Act function of the Pricing Authority);
(iii) a function of a subcommittee established under section 204V to advise or assist the Aged Care Advisory Committee in the performance of a function of the Aged Care Advisory Committee covered by subparagraph (ii) of this paragraph;
(iv) a function of a committee established under section 205 to advise or assist the Pricing Authority in the performance of a function of the Pricing Authority mentioned in subsection 131A(1) (other than an Aged Care Act function); or
(b) assisting, under section 204Y or 207, in the performance of a function covered by paragraph (a) of this definition.
Aged Care Minister means the Minister administering the Aged Care Act.
Clinical Advisory Committee member means a member of the Clinical Advisory Committee, and includes the Chair of the Clinical Advisory Committee.
clinician means an individual who provides diagnosis, or treatment, as a professional:
(a) medical practitioner; or
(b) nurse; or
(c) allied health practitioner; or
(d) health practitioner not covered by paragraph (a), (b) or (c).
Commission means the Australian Commission on Safety and Quality in Health Care.
Commission Board means the Board of the Commission.
Commission Board Chair means the Chair of the Commission Board.
Commission Board member means a member of the Commission Board, and includes the Commission Board Chair.
Commission CEO means the Chief Executive Officer of the Commission.
cost‑shifting dispute has the meaning given by subsection 138(1).
cross‑border dispute has the meaning given by subsection 138(2).
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, in Part 5.2, includes a power, authority or duty.
Funding Body means the National Health Funding Body.
Funding Body CEO means the Chief Executive Officer of the Funding Body.
health care pricing and costing information means information obtained in the course of:
(a) the performance of the following functions, or the exercising of powers for or in connection with the performance of the following functions:
(i) a function of the Pricing Authority mentioned in subsection 131(1A);
(ii) a function of the Clinical Advisory Committee mentioned in paragraph 177(ba);
(iii) a function of a subcommittee established under section 191 to advise or assist the Clinical Advisory Committee in the performance of a function of the Clinical Advisory Committee mentioned in paragraph 177(ba);
(iv) a function of the Jurisdictional Advisory Committee mentioned in subparagraph 196(1)(a)(va);
(v) a function of a committee established under section 205 to advise or assist the Pricing Authority in the performance of a function of the Pricing Authority mentioned in subsection 131(1A); or
(b) assisting, under section 194, 204 or 207, in the performance of a function mentioned in paragraph (a) of this definition.
health care safety and quality matter means:
(a) a matter relating to the safety of health care services; or
(b) a matter relating to the quality of health care services; or
(c) a matter specified in the regulations.
Health Chief Executives Forum means a body (however described) that consists of:
(a) the Secretary; and
(b) each head (however described) of the Health Department of a State or Territory.
Health Department, of a State or Territory, means a Department of State that:
(a) deals with matters relating to health; and
(b) is administered by the State/Territory Health Minister of the State or Territory.
Health Minister means:
(a) the Minister; or
(b) a State/Territory Health Minister.
intergovernmental agreement means:
(a) a written agreement between the Commonwealth and one or more States or Territories; or
(b) a written resolution of the First Ministers’ Council passed in accordance with the procedures determined by that Council.
Jurisdictional Advisory Committee member means a member of the Jurisdictional Advisory Committee, and includes:
(a) the Chair of the Jurisdictional Advisory Committee; and
(b) a person attending a meeting in place of a Jurisdictional Advisory Committee member.
local hospital network means an organisation that is a local hospital network (however described) for the purposes of the National Health Reform Agreement.
member of the Aged Care Advisory Committee includes the Chair of the Aged Care Advisory Committee.
member of the Pricing Authority includes:
(a) the Chair of the Pricing Authority; and
(b) each Deputy Chair of the Pricing Authority.
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 and Territory.
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.
National Health Reform law, of a State or Territory, means a law of the State or Territory that gives effect to the National Health Reform Agreement.
official of the Commission means:
(a) a Commission Board member; or
(b) the Commission CEO; or
(c) a member of the staff of the Commission; or
(d) a person whose services are made available to the Commission under section 48; or
(e) a person engaged as a consultant under section 49.
official of the Funding Body means:
(a) the Funding Body CEO; or
(b) a member of the staff of the Funding Body; or
(c) a person whose services are made available to the Funding Body under section 265; or
(d) a person engaged as a consultant under section 266.
official of the Pricing Authority means:
(a) a member of the Pricing Authority; or
(b) the Pricing Authority CEO; or
(c) a member of the staff of the Pricing Authority; or
(d) a person whose services are made available to the Pricing Authority under section 174; or
(e) a person engaged as a consultant under section 175.
participating State/Territory Health Minister: if:
(a) there is in force an agreement between the Commonwealth and:
(i) a State; or
(ii) the Australian Capital Territory; or
(iii) the Northern Territory; and
(b) under the agreement, the State or Territory undertakes to make financial contributions to the Commission;
the State/Territory Health Minister of the State or Territory is a participating State/Territory Health Minister.
partner of a person means:
(a) the person’s spouse; or
(b) the person’s de facto partner (within the meaning of the Acts Interpretation Act 1901).
Premier:
(a) the Chief Minister of the Australian Capital Territory is taken to be the Premier of that Territory for the purposes of this Act; and
(b) the Chief Minister of the Northern Territory is taken to be the Premier of that Territory for the purposes of this Act.
Pricing Authority means the Independent Health and Aged Care Pricing Authority.
Pricing Authority CEO means the Chief Executive Officer of the Pricing Authority.
private hospital means a facility specified in a legislative instrument made by the Minister for the purposes of this definition.
protected Administrator information means information that was obtained by a person in the person’s capacity as the Administrator.
protected Commission information means information that:
(a) was obtained by a person in the person’s capacity as an official of the Commission; and
(b) relates to the affairs of a person other than an official of the Commission.
protected Funding Body information means information that:
(a) was obtained by a person in the person’s capacity as an official of the Funding Body; and
(b) relates to the affairs of a person other than an official of the Funding Body.
protected Pricing Authority information means information that:
(a) was obtained by a person in the person’s capacity as an official of the Pricing Authority; and
(b) relates to the affairs of a person other than an official of the Pricing Authority;
but does not include protected information (within the meaning of the Aged Care Act) that is not aged care information.
public hospital means a facility specified in a legislative instrument made by the Minister for the purposes of this definition. If a facility is situated in a State, the Australian Capital Territory or the Northern Territory, the Minister must not specify the facility in such an instrument without the written agreement of the State/Territory Health Minister of the State or Territory, as the case may be.
relevant Commonwealth Minister means the following:
(a) the Minister;
(b) if the Minister is not also the Aged Care Minister—the Aged Care Minister.
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 States).
Royal Commission has the same meaning as in the Royal Commissions Act 1902.
Secretary means the Secretary of the Department.
staff of the Commission means the staff described in section 47.
staff of the Funding Body means the staff described in section 264.
staff of the Pricing Authority means the staff described in section 173.
State, in Parts 5.1 and 5.2, includes the Australian Capital Territory and the Northern Territory.
State Managed Fund of a State or Territory means a bank account or fund established or designated by the State or Territory for the purposes of health funding under the National Health Reform Agreement that is required to be undertaken in the State or Territory through a State Managed Fund.
State Pool Account of a State or Territory means the bank accounts opened under the laws of the States and Territories as State Pool Accounts for the purposes of the National Health Reform Agreement.
State/Territory government body means:
(a) the government of a State or Territory; or
(b) an agency or authority of a State or Territory.
State/Territory Health Minister means:
(a) the Minister of a State;
(b) the Minister of the Australian Capital Territory; or
(c) the Minister of the Northern Territory;
who is responsible, or principally responsible, for the administration of matters relating to health in the State, the Australian Capital Territory or the Northern Territory, as the case may be.
Treasurer means the Minister administering the Federal Financial Relations Act 2009.
vacancy, in relation to the office of:
(a) a Commission Board member; or
(c) a member of the Pricing Authority; or
(d) a member of the Clinical Advisory Committee;
has a meaning affected by section 6.
(1) For the purposes of a reference in: (a) this Act to a vacancy in the office of a Commission Board member; or (b) the Acts Interpretation Act 1901 to a vacancy in the membership of a body; there are taken to be 9 offices of Commission Board member in addition to the Commission Board Chair. (3) For the purposes of a reference in: (a) this Act to a vacancy in the office of a member of the Pricing Authority; or (b) the Acts Interpretation Act 1901 to a vacancy in the membership of a body; there are taken to be 6 offices of members of the Pricing Authority in addition to the Chair of the Pricing Authority and the 2 Deputy Chairs of the Pricing Authority. (4) For the purposes of a reference in: (a) this Act to a vacancy in the office of a member of the Clinical Advisory Committee; or (b) the Acts Interpretation Act 1901 to a vacancy in the membership of a body; there are taken to be 8 offices of members of the Clinical Advisory Committee in addition to the Chair of the Clinical Advisory Committee.
(1) This Act binds the Crown in each of its capacities. (2) This Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence. (3) The protection in subsection (2) does not apply to an authority of the Crown.
Chapter 2—Australian Commission on Safety and Quality in Health Care
The following is a simplified outline of this Chapter:
• This Chapter sets up the Australian Commission on Safety and Quality in Health Care.
• The Commission has functions relating to health care safety and quality matters.
• There is to be a Board of the Commission.
• There is to be a Chief Executive Officer of the Commission.
• Committees may be established to assist the Commission.
(1) The Australian Commission on Safety and Quality in Health Care is established by this section.
Note: In this Act, Commission means the Australian Commission on Safety and Quality in Health Care—see section 5.
(2) The Commission: (a) is a body corporate; and (b) must have a seal; and (c) may acquire, hold and dispose of real and personal property; and (d) may sue and be sued.
Note: The Public Governance, Performance and Accountability Act 2013 applies to the Commission. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.
(3) The seal of the Commission is to be kept in such custody as the Commission Board directs, and is not to be used except as authorised by the Commission Board. (4) All courts, judges and persons acting judicially must: (a) take judicial notice of the imprint of the seal of the Commission appearing on a document; and (b) presume that the document was duly sealed.
(1) The Commission has the following functions: (a) to promote, support and encourage the implementation of arrangements, programs and initiatives relating to health care safety and quality matters; (b) to collect, analyse, interpret and disseminate information relating to health care safety and quality matters; (c) to advise the Minister about health care safety and quality matters; (d) to publish (whether on the internet or otherwise) reports and papers relating to health care safety and quality matters; (e) to formulate, in writing, standards relating to health care safety and quality matters; (f) to formulate, in writing, guidelines relating to health care safety and quality matters; (g) to formulate, in writing, indicators relating to health care safety and quality matters; (h) to promote, support and encourage the implementation of: (i) standards formulated under paragraph (e); and (ii) guidelines formulated under paragraph (f); (i) to promote, support and encourage the use of indicators formulated under paragraph (g); (j) to monitor the implementation and impact of: (i) standards formulated under paragraph (e); and (ii) guidelines formulated under paragraph (f); (k) to advise: (i) the Minister; and (ii) each participating State/Territory Health Minister; about which standards formulated under paragraph (e) are suitable for implementation as national clinical standards; (l) to formulate model national schemes that: (i) provide for the accreditation of organisations that provide health care services; and (ii) relate to health care safety and quality matters; (m) to consult and co‑operate with other persons, organisations and governments on health care safety and quality matters; (n) such functions (if any) as are specified in a written instrument given by the Minister to the Commission Board Chair; (o) to promote, support, encourage, conduct and evaluate training programs for purposes in connection with the performance of any of the Commission’s functions; (p) to promote, support, encourage, conduct and evaluate research for purposes in connection with the performance of any of the Commission’s functions; (q) to do anything incidental to or conducive to the performance of any of the above functions.
Note 1: See also section 57 (compliance with standards and guidelines is voluntary).
Note 2: Sections 10 and 11 impose consultation requirements on the Commission.
(2) Before making an instrument under paragraph (1)(n), the Minister must consult each participating State/Territory Health Minister. Legislative instruments (3) A standard formulated under paragraph (1)(e) is not a legislative instrument. (4) Guidelines formulated under paragraph (1)(f) are not a legislative instrument. (5) An indicator formulated under paragraph (1)(g) is not a legislative instrument. (6) A model national scheme formulated under paragraph (1)(l) is not a legislative instrument. (7) An instrument made under paragraph (1)(n) is not a legislative instrument.
Scope (1) This section applies to the following: (a) standards formulated by the Commission under paragraph 9(1)(e); (b) guidelines formulated by the Commission under paragraph 9(1)(f); (c) indicators formulated by the Commission under paragraph 9(1)(g). Consultation (2) Before formulating standards, guidelines or indicators, the Commission must consult: (a) clinicians; and (b) bodies known as lead clinician groups; and (c) each head (however described) of a Department of State of: (i) a State; or (ii) the Australian Capital Territory; or (iii) the Northern Territory; where the Department: (iv) deals with matters relating to health; and (v) is administered by a participating State/Territory Health Minister; and (d) any other persons or bodies who, in the Commission’s opinion, are stakeholders in relation to the formulation of the standards, guidelines or indicators; and (da) carers; and (db) consumers; and (e) the public. (3) If the Commission is of the opinion that: (a) there is an urgent need to formulate particular standards, guidelines or indicators; and (b) because of that urgent need, it is not reasonably practicable to comply with subsection (2) in relation to the formulation of those standards, guidelines or indicators; the Commission is not required to comply with subsection (2) in relation to the formulation of those standards, guidelines or indicators. Application or adoption of other instruments etc. (4) Standards, guidelines or indicators may apply, adopt or incorporate, with or without modification, any matter contained in any other instrument or writing, as existing: (a) at a particular time; or (b) from time to time. Information (5) Before formulating standards, guidelines or indicators, the Commission must collect, analyse and interpret such information as the Commission considers relevant. Rules to be complied with by Commission (6) The Minister may, by legislative instrument, make rules to be complied with by the Commission in formulating standards, guidelines or indicators. (7) Before making rules under subsection (6), the Minister must consult each participating State/Territory Health Minister. (8) The Commission must comply with rules in force under subsection (6).
Scope (1) This section applies to a model national accreditation scheme formulated by the Commission under paragraph 9(1)(l). Consultation (2) Before formulating a scheme, the Commission must consult: (a) each head (however described) of a Department of State of: (i) a State; or (ii) the Australian Capital Territory; or (iii) the Northern Territory; where the Department: (iv) deals with matters relating to health; and (v) is administered by a participating State/Territory Health Minister; and (b) persons or bodies who, in the Commission’s opinion, are stakeholders in relation to the formulation of the scheme; and (ba) carers; and (bb) consumers; and (c) the public. Rules to be complied with by Commission (3) The Minister may, by legislative instrument, make rules to be complied with by the Commission in formulating a scheme. (4) Before making rules under subsection (3), the Minister must consult each participating State/Territory Health Minister. (5) The Commission must comply with rules in force under subsection (3).
The Commission may perform its functions only: (a) for purposes related to: (i) the provision of pharmaceutical, sickness or hospital benefits; or (ii) the provision of medical or dental services; or (b) for purposes related to the granting of financial assistance to a State on such terms and conditions as the Parliament thinks fit; or (c) for purposes related to the executive power of the Commonwealth; or (d) for purposes related to statistics; or (e) in, or for purposes related to, a Territory; or (f) in or with respect to a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970); or (g) for purposes related to trade and commerce: (i) between Australia and places outside Australia; or (ii) among the States; or (iii) within a Territory, between a State and a Territory or between 2 Territories; or (h) for purposes related to a corporation to which paragraph 51(xx) of the Constitution applies; or (i) by way of the use of a postal, telegraphic, telephonic or other like service within the meaning of paragraph 51(v) of the Constitution; or (j) by way of the provision of a service to: (i) the Commonwealth; or (ii) an authority of the Commonwealth; for a purpose of the Commonwealth; or (k) for purposes related to matters that are peculiarly adapted to the government of a nation and that cannot otherwise be carried on for the benefit of the nation; or (l) for purposes related to matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.
The Commission has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.
Fees (1) The Commission may charge fees for things done in performing its functions, so long as rules are in force under subsection (2). Rules to be complied with by Commission (2) The Minister may, by legislative instrument, make rules to be complied with by the Commission in charging fees under subsection (1). (3) Before making rules under subsection (2), the Minister must consult each participating State/Territory Health Minister. (4) The Commission must comply with rules in force under subsection (2).
The Commission has the privileges and immunities of the Crown in right of the Commonwealth.
(1) The Minister may give directions to the Commission in relation to the performance of its functions and the exercise of its powers. (2) A direction under subsection (1) must be of a general nature only. (3) Before making a direction under subsection (1), the Minister must consult each participating State/Territory Health Minister. (4) The Commission must comply with a direction under subsection (1).
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This Act may be cited as the National Health Reform Act 2011.
This Act commences on 1 July 2011.
The object of this Act is to establish: (a) the Australian Commission on Safety and Quality in Health Care; and (c) the Independent Health and Aged Care Pricing Authority; and (d) the office of Administrator of the National Health Funding Pool; and (e) the National Health Funding Body.
The following is a simplified outline of this Act:
• This Act sets up:
(a) the Australian Commission on Safety and Quality in Health Care; and
(b) the Independent Health and Aged Care Pricing Authority; and
(c) the office of Administrator of the National Health Funding Pool; and
(d) the National Health Funding Body.
• The Australian Commission on Safety and Quality in Health Care has functions relating to health care safety and quality matters.
• The main functions of the Independent Health and Aged Care Pricing Authority in relation to public hospitals and health care pricing and costing are as follows:
(a) to determine the national efficient price for health care services provided by public hospitals where the services are funded on an activity basis;
(b) to determine the efficient cost for health care services provided by public hospitals where the services are block funded;
(c) to publish this, and other information, for the purpose of informing decision makers in relation to the funding of public hospitals;
(d) if requested by the Minister or the Secretary, to advise the Commonwealth in relation to certain health care pricing and costing matters.
• The main functions of the Independent Health and Aged Care Pricing Authority in relation to aged care are as follows:
(a) to provide advice about certain aged care pricing and costing matters to each relevant Commonwealth Minister;
(b) to perform such functions as are conferred on the Independent Health and Aged Care Pricing Authority by the Aged Care Act.
• The main function of the Administrator of the National Health Funding Pool is to administer the National Health Funding Pool.
• The function of the National Health Funding Body is to assist the Administrator of the National Health Funding Pool.
In this Act:
Administrator means the Administrator of the National Health Funding Pool appointed under section 232 and under the corresponding provision of the laws of the States and Territories.
Aged Care Act means the Aged Care Act 2024.
Aged Care Act function has the meaning given by paragraph 131A(1)(e).
aged care information means information (including protected information within the meaning of the Aged Care Act) obtained in the course of:
(a) the performance of the following functions, or the exercising of powers for or in connection with the performance of the following functions:
(i) a function of the Pricing Authority mentioned in subsection 131A(1) (other than an Aged Care Act function);
(ii) a function of the Aged Care Advisory Committee (other than a function that relates to an Aged Care Act function of the Pricing Authority);
(iii) a function of a subcommittee established under section 204V to advise or assist the Aged Care Advisory Committee in the performance of a function of the Aged Care Advisory Committee covered by subparagraph (ii) of this paragraph;
(iv) a function of a committee established under section 205 to advise or assist the Pricing Authority in the performance of a function of the Pricing Authority mentioned in subsection 131A(1) (other than an Aged Care Act function); or
(b) assisting, under section 204Y or 207, in the performance of a function covered by paragraph (a) of this definition.
Aged Care Minister means the Minister administering the Aged Care Act.
Clinical Advisory Committee member means a member of the Clinical Advisory Committee, and includes the Chair of the Clinical Advisory Committee.
clinician means an individual who provides diagnosis, or treatment, as a professional:
(a) medical practitioner; or
(b) nurse; or
(c) allied health practitioner; or
(d) health practitioner not covered by paragraph (a), (b) or (c).
Commission means the Australian Commission on Safety and Quality in Health Care.
Commission Board means the Board of the Commission.
Commission Board Chair means the Chair of the Commission Board.
Commission Board member means a member of the Commission Board, and includes the Commission Board Chair.
Commission CEO means the Chief Executive Officer of the Commission.
cost‑shifting dispute has the meaning given by subsection 138(1).
cross‑border dispute has the meaning given by subsection 138(2).
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, in Part 5.2, includes a power, authority or duty.
Funding Body means the National Health Funding Body.
Funding Body CEO means the Chief Executive Officer of the Funding Body.
health care pricing and costing information means information obtained in the course of:
(a) the performance of the following functions, or the exercising of powers for or in connection with the performance of the following functions:
(i) a function of the Pricing Authority mentioned in subsection 131(1A);
(ii) a function of the Clinical Advisory Committee mentioned in paragraph 177(ba);
(iii) a function of a subcommittee established under section 191 to advise or assist the Clinical Advisory Committee in the performance of a function of the Clinical Advisory Committee mentioned in paragraph 177(ba);
(iv) a function of the Jurisdictional Advisory Committee mentioned in subparagraph 196(1)(a)(va);
(v) a function of a committee established under section 205 to advise or assist the Pricing Authority in the performance of a function of the Pricing Authority mentioned in subsection 131(1A); or
(b) assisting, under section 194, 204 or 207, in the performance of a function mentioned in paragraph (a) of this definition.
health care safety and quality matter means:
(a) a matter relating to the safety of health care services; or
(b) a matter relating to the quality of health care services; or
(c) a matter specified in the regulations.
Health Chief Executives Forum means a body (however described) that consists of:
(a) the Secretary; and
(b) each head (however described) of the Health Department of a State or Territory.
Health Department, of a State or Territory, means a Department of State that:
(a) deals with matters relating to health; and
(b) is administered by the State/Territory Health Minister of the State or Territory.
Health Minister means:
(a) the Minister; or
(b) a State/Territory Health Minister.
intergovernmental agreement means:
(a) a written agreement between the Commonwealth and one or more States or Territories; or
(b) a written resolution of the First Ministers’ Council passed in accordance with the procedures determined by that Council.
Jurisdictional Advisory Committee member means a member of the Jurisdictional Advisory Committee, and includes:
(a) the Chair of the Jurisdictional Advisory Committee; and
(b) a person attending a meeting in place of a Jurisdictional Advisory Committee member.
local hospital network means an organisation that is a local hospital network (however described) for the purposes of the National Health Reform Agreement.
member of the Aged Care Advisory Committee includes the Chair of the Aged Care Advisory Committee.
member of the Pricing Authority includes:
(a) the Chair of the Pricing Authority; and
(b) each Deputy Chair of the Pricing Authority.
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 and Territory.
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.
National Health Reform law, of a State or Territory, means a law of the State or Territory that gives effect to the National Health Reform Agreement.
official of the Commission means:
(a) a Commission Board member; or
(b) the Commission CEO; or
(c) a member of the staff of the Commission; or
(d) a person whose services are made available to the Commission under section 48; or
(e) a person engaged as a consultant under section 49.
official of the Funding Body means:
(a) the Funding Body CEO; or
(b) a member of the staff of the Funding Body; or
(c) a person whose services are made available to the Funding Body under section 265; or
(d) a person engaged as a consultant under section 266.
official of the Pricing Authority means:
(a) a member of the Pricing Authority; or
(b) the Pricing Authority CEO; or
(c) a member of the staff of the Pricing Authority; or
(d) a person whose services are made available to the Pricing Authority under section 174; or
(e) a person engaged as a consultant under section 175.
participating State/Territory Health Minister: if:
(a) there is in force an agreement between the Commonwealth and:
(i) a State; or
(ii) the Australian Capital Territory; or
(iii) the Northern Territory; and
(b) under the agreement, the State or Territory undertakes to make financial contributions to the Commission;
the State/Territory Health Minister of the State or Territory is a participating State/Territory Health Minister.
partner of a person means:
(a) the person’s spouse; or
(b) the person’s de facto partner (within the meaning of the Acts Interpretation Act 1901).
Premier:
(a) the Chief Minister of the Australian Capital Territory is taken to be the Premier of that Territory for the purposes of this Act; and
(b) the Chief Minister of the Northern Territory is taken to be the Premier of that Territory for the purposes of this Act.
Pricing Authority means the Independent Health and Aged Care Pricing Authority.
Pricing Authority CEO means the Chief Executive Officer of the Pricing Authority.
private hospital means a facility specified in a legislative instrument made by the Minister for the purposes of this definition.
protected Administrator information means information that was obtained by a person in the person’s capacity as the Administrator.
protected Commission information means information that:
(a) was obtained by a person in the person’s capacity as an official of the Commission; and
(b) relates to the affairs of a person other than an official of the Commission.
protected Funding Body information means information that:
(a) was obtained by a person in the person’s capacity as an official of the Funding Body; and
(b) relates to the affairs of a person other than an official of the Funding Body.
protected Pricing Authority information means information that:
(a) was obtained by a person in the person’s capacity as an official of the Pricing Authority; and
(b) relates to the affairs of a person other than an official of the Pricing Authority;
but does not include protected information (within the meaning of the Aged Care Act) that is not aged care information.
public hospital means a facility specified in a legislative instrument made by the Minister for the purposes of this definition. If a facility is situated in a State, the Australian Capital Territory or the Northern Territory, the Minister must not specify the facility in such an instrument without the written agreement of the State/Territory Health Minister of the State or Territory, as the case may be.
relevant Commonwealth Minister means the following:
(a) the Minister;
(b) if the Minister is not also the Aged Care Minister—the Aged Care Minister.
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 States).
Royal Commission has the same meaning as in the Royal Commissions Act 1902.
Secretary means the Secretary of the Department.
staff of the Commission means the staff described in section 47.
staff of the Funding Body means the staff described in section 264.
staff of the Pricing Authority means the staff described in section 173.
State, in Parts 5.1 and 5.2, includes the Australian Capital Territory and the Northern Territory.
State Managed Fund of a State or Territory means a bank account or fund established or designated by the State or Territory for the purposes of health funding under the National Health Reform Agreement that is required to be undertaken in the State or Territory through a State Managed Fund.
State Pool Account of a State or Territory means the bank accounts opened under the laws of the States and Territories as State Pool Accounts for the purposes of the National Health Reform Agreement.
State/Territory government body means:
(a) the government of a State or Territory; or
(b) an agency or authority of a State or Territory.
State/Territory Health Minister means:
(a) the Minister of a State;
(b) the Minister of the Australian Capital Territory; or
(c) the Minister of the Northern Territory;
who is responsible, or principally responsible, for the administration of matters relating to health in the State, the Australian Capital Territory or the Northern Territory, as the case may be.
Treasurer means the Minister administering the Federal Financial Relations Act 2009.
vacancy, in relation to the office of:
(a) a Commission Board member; or
(c) a member of the Pricing Authority; or
(d) a member of the Clinical Advisory Committee;
has a meaning affected by section 6.
(1) For the purposes of a reference in: (a) this Act to a vacancy in the office of a Commission Board member; or (b) the Acts Interpretation Act 1901 to a vacancy in the membership of a body; there are taken to be 9 offices of Commission Board member in addition to the Commission Board Chair. (3) For the purposes of a reference in: (a) this Act to a vacancy in the office of a member of the Pricing Authority; or (b) the Acts Interpretation Act 1901 to a vacancy in the membership of a body; there are taken to be 6 offices of members of the Pricing Authority in addition to the Chair of the Pricing Authority and the 2 Deputy Chairs of the Pricing Authority. (4) For the purposes of a reference in: (a) this Act to a vacancy in the office of a member of the Clinical Advisory Committee; or (b) the Acts Interpretation Act 1901 to a vacancy in the membership of a body; there are taken to be 8 offices of members of the Clinical Advisory Committee in addition to the Chair of the Clinical Advisory Committee.
(1) This Act binds the Crown in each of its capacities. (2) This Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence. (3) The protection in subsection (2) does not apply to an authority of the Crown.
Chapter 2—Australian Commission on Safety and Quality in
This is an opening excerpt, not the complete document.