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.
Section 5 - National Health Reform Act 2011 - Definitions | Zoe