238Functions of Administrator

238 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 Commonwealth payments into each State Pool Account for the purposes of Division 2; 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 Part; and (e) to exercise or perform any other functions conferred on the Administrator under this Part.

Note: The corresponding legislation of the States will provide that the functions of the Administrator include monitoring State payments into each State Pool Account for the purposes of Division 2 (or equivalent) and making payments from each State Pool Account in accordance with the directions of the State concerned.

(2) The Administrator and the officials of the funding body 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 Part. (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 Part 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 Division 2.