National Health Reform Act 2011No. 9, 2011

In force

Administered by

Department of Health, Disability and Ageing

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C2014C00098 C05

12 March 2014 - 23 June 2014

Table of contents

Chapter 1—Preliminary
- 1 Short title
- 2 Commencement
- 3 Object
- 4 Simplified outline
- 5 Definitions
- 6 Vacancies
- 7 Crown to be bound
Chapter 2—Australian Commission on Safety and Quality in Health Care
Part 2.1—Introduction
- 7A Simplified outline
Part 2.2—Commission’s establishment, functions and powers
- 8 Establishment of the Commission
- 9 Functions of the Commission
- 10 Additional provisions about standards, guidelines and indicators
- 11 Additional provisions about model national accreditation schemes
- 12 Constitutional limits
- 13 Powers of the Commission
- 14 Charging of fees
- 15 Commission has privileges and immunities of the Crown
- 16 Ministerial directions
Part 2.3—The Commission Board
- Division 1—Establishment and role of the Commission Board
  - 17 Establishment
  - 18 Role
- Division 2—Members of the Commission Board
- Division 3—Procedures of the Commission Board
- Division 4—Delegation by the Commission Board
  - 35 Delegation by the Commission Board
Part 2.4—Chief Executive Officer, staff and consultants
- Division 1—Chief Executive Officer of the Commission
- Division 2—Staff and consultants
Part 2.5—Committees
- 50 Committees
- 51 Remuneration and allowances
Part 2.6—Reporting and planning obligations of the Commission
- 52 Minister may require the Commission to prepare reports or give information
- 53 Annual report
- 54 Work plan
Part 2.7—Secrecy
- 54A Secrecy
- 54B Disclosure or use for the purposes of this Act
- 54C Disclosure to committee
- 54D Disclosure to the Minister
- 54E Disclosure to the Treasurer
- 54F Disclosure to the Secretary etc.
- 54G Disclosure to a Royal Commission
- 54H Disclosure to certain agencies, bodies or persons
- 54J Disclosure to researchers
- 54K Disclosure with consent
- 54L Disclosure of publicly available information
- 54M Delegation
Part 2.8—Other matters
- 55 Commission CEO not subject to direction by the Commission Board on certain matters
- 56 Taxation
- 57 Compliance with standards and guidelines
Chapter 3—National Health Performance Authority
Part 3.1—Introduction
- 58 Simplified outline
- 58A Role of State/Territory Health Ministers as health system managers
Part 3.2—Performance Authority’s establishment, functions, powers and liabilities
- 59 National Health Performance Authority
- 60 Functions of the Performance Authority
- 61 Performance Authority to have regard to intergovernmental agreements and other instruments
- 62 Additional provisions about reports
- 63 Additional provisions about performance indicators
- 64 Constitutional limits
- 65 Rules to be complied with by the Performance Authority in performing its monitoring and reporting functions
- 66 Minister may direct the Performance Authority to formulate performance indicators
- 66A Policy principles—COAG
- 67 Powers of the Performance Authority
- 68 Performance Authority’s liabilities are Commonwealth liabilities
- 69 Performance Authority has privileges and immunities of the Crown
Part 3.3—Constitution and membership of the Performance Authority
- 70 Constitution of the Performance Authority
- 71 Membership of the Performance Authority
- 72 Appointment of members of the Performance Authority
- 73 Period of appointment for members of the Performance Authority
- 74 Acting members of the Performance Authority
Part 3.4—Terms and conditions for members of the Performance Authority
- 75 Remuneration
- 76 Disclosure of interests to the Minister
- 77 Disclosure of interests to the Performance Authority
- 79 Leave of absence
- 80 Resignation
- 81 Termination
- 82 Other terms and conditions
Part 3.5—Decision-making by the Performance Authority
- 83 Holding of meetings
- 84 Presiding at meetings
- 85 Quorum
- 86 Voting at meetings etc.
- 87 Decisions without meetings
- 88 Conduct of meetings
- 89 Minutes
Part 3.6—Delegation by the Performance Authority
- 90 Delegation by the Performance Authority
Part 3.7—Chief Executive Officer of the Performance Authority
- 91 Establishment
- 92 Role
- 93 Appointment
- 94 Acting appointments
- 95 Outside employment
- 96 Remuneration
- 97 Leave
- 98 Disclosure of interests
- 99 Resignation
- 100 Termination of appointment
- 101 Other terms and conditions
Part 3.8—Staff and consultants
- 102 Staff
- 103 Persons assisting the Performance Authority
- 104 Consultants
Part 3.9—Committees
- 105 Committees
- 106 Remuneration and allowances
- 107 Performance Authority may assist committees
Part 3.10—Reporting obligations of the Performance Authority
- 108 Minister may require the Performance Authority to prepare reports or give information
- 109 Keeping the Minister informed etc.
- 109A Review of the Performance Authority
- 110 Statements about advice given by the Performance Authority
- 111 Annual reports
Part 3.11—Planning obligations of the Performance Authority
- 112 Strategic plan
Part 3.12—Secrecy
- 113 Secrecy
- 114 Disclosure or use for the purposes of this Act
- 115 Disclosure to committee
- 116 Disclosure to the Minister
- 116A Disclosure to a State/Territory Health Minister
- 118 Disclosure to the Secretary etc.
- 119 Disclosure to a Royal Commission
- 120 Disclosure to certain agencies, bodies or persons
- 121 Disclosure to researchers
- 122 Disclosure with consent
- 123 Disclosure of publicly available information
- 124 Delegation
Part 3.13—Other matters
- 125 Minister may give directions to the Performance Authority
- 126 Performance Authority CEO not subject to direction by the Performance Authority on certain matters
- 127 Personal information—reports
Chapter 4—Independent Hospital Pricing Authority
Part 4.1—Introduction
- 128 Simplified outline
Part 4.2—Pricing Authority’s establishment, functions, powers and liabilities
- 129 Independent Hospital Pricing Authority
- 130 Object of the Pricing Authority
- 131 Functions of the Pricing Authority
- 132 Intergovernmental agreements
- 133 Policy principles—COAG
- 134 Constitutional limits
- 135 Powers of the Pricing Authority
- 136 Pricing Authority’s liabilities are Commonwealth liabilities
- 137 Pricing Authority has privileges and immunities of the Crown
Part 4.3—Cost-shifting disputes and cross-border disputes
- 138 Cost-shifting disputes and cross-border disputes
- 139 Assessment by Pricing Authority of cost-shifting disputes
- 140 Recommendations by Pricing Authority on cross-border disputes
- 141 Advice to Commonwealth to adjust funding
Part 4.4—Constitution and membership of the Pricing Authority
- 142 Constitution of the Pricing Authority
- 143 Membership of the Pricing Authority
- 144 Appointment of members of the Pricing Authority
- 145 Period of appointment for members of the Pricing Authority
- 146 Acting members of the Pricing Authority
Part 4.5—Terms and conditions for members of the Pricing Authority
- 147 Remuneration
- 148 Disclosure of interests to the Minister
- 149 Disclosure of interests to the Pricing Authority
- 150 Leave of absence
- 151 Resignation
- 152 Termination of appointment
- 153 Other terms and conditions
Part 4.6—Decision-making by the Pricing Authority
- 154 Holding of meetings
- 155 Presiding at meetings
- 156 Quorum
- 157 Voting at meetings etc.
- 158 Decisions without meetings
- 159 Conduct of meetings
- 160 Minutes
Part 4.7—Delegation by the Pricing Authority
- 161 Delegation by the Pricing Authority
Part 4.8—Chief Executive Officer of the Pricing Authority
- 162 Establishment
- 163 Role
- 164 Appointment
- 165 Acting appointments
- 166 Outside employment
- 167 Remuneration
- 168 Leave
- 169 Disclosure of interests
- 170 Resignation
- 171 Termination of appointment
- 172 Other terms and conditions
Part 4.9—Staff and consultants
- 173 Staff
- 174 Persons assisting the Pricing Authority
- 175 Consultants
Part 4.10—Clinical Advisory Committee
- Division 1—Establishment and functions of the Clinical Advisory Committee
  - 176 Establishment of the Clinical Advisory Committee
  - 177 Functions of the Clinical Advisory Committee
- Division 2—Membership of the Clinical Advisory Committee
- Division 3—Subcommittees
  - 191 Subcommittees
  - 192 Remuneration and allowances
- Division 4—Annual report
  - 193 Annual report
- Division 5—Pricing Authority may assist the Clinical Advisory Committee and its subcommittees
  - 194 Pricing Authority may assist the Clinical Advisory Committee and its subcommittees
Part 4.11—Jurisdictional Advisory Committee
- 195 Establishment of the Jurisdictional Advisory Committee
- 196 Functions of the Jurisdictional Advisory Committee
- 197 Membership of the Jurisdictional Advisory Committee
- 198 Appointment of Jurisdictional Advisory Committee members
- 199 Substitute members
- 200 Termination of appointment
- 201 Application of the Remuneration Tribunal Act
- 202 Procedures
- 203 Disclosure of interests to Jurisdictional Advisory Committee
- 204 Pricing Authority may assist the Jurisdictional Advisory Committee
Part 4.12—Other committees
- 205 Committees
- 206 Remuneration and allowances
- 207 Pricing Authority may assist committees
Part 4.13—Reporting obligations of the Pricing Authority
- 208 Minister or State/Territory Health Minister may require the Pricing Authority to prepare reports or give information
- 209 Keeping the Minister informed etc.
- 210 Reporting to Parliament
- 211 Minister and State/Territory Health Ministers comment before public reports
- 212 Annual report
Part 4.14—Secrecy
- 213 Secrecy
- 214 Disclosure or use for the purposes of this Act
- 215 Disclosure to committees
- 216 Disclosure to the Minister
- 217 Disclosure to a State/Territory Health Minister
- 218 Disclosure to the Secretary etc.
- 219 Disclosure to a Royal Commission
- 220 Disclosure to certain agencies, bodies or persons
- 221 Disclosure to researchers
- 222 Disclosure with consent
- 223 Disclosure of publicly available information
- 224 Delegation
Part 4.15—Other matters
- 225 Consultation on the Pricing Authority’s work program
- 226 Minister may give directions to the Pricing Authority
- 227 Pricing Authority CEO not subject to direction by the Pricing Authority on certain matters
Chapter 5—Administrator of the Funding Pool
Part 5.1—Introduction
- 228 Simplified outline
- 229 Interpreting Part 5.2
- 230 Standing Council on Health
Part 5.2—Administrator of the National Health Funding Pool
- Division 1—Establishment and functions
- Division 2—Financial management and reporting
- Division 3—Provisions relating to the functions of the Administrator
Part 5.3—National Health Funding Body
- Division 1—Establishment
  - 251 National Health Funding Body
  - 252 Function
- Division 2—Chief Executive Officer of the Funding Body
- Division 3—Staff, consultants etc.
Part 5.4—Secrecy
- Division 1—The Administrator
  - 268 Secrecy
- Division 2—Funding Body officials
Chapter 6—Miscellaneous
- 279 Protection of patient confidentiality
- 280 Concurrent operation of State and Territory laws etc.
- 281 Commonwealth Authorities and Companies Act 1997 does not apply
- 282 Regulations
Endnotes
- Endnote 1—About the endnotes
- Endnote 2—Abbreviation key
- Endnote 3—Legislation history
- Endnote 4—Amendment history
- Endnote 5—Uncommenced amendments [none]
- Endnote 6—Modifications [none]
- Endnote 7—Misdescribed amendments [none]
- Endnote 8—Miscellaneous [none]

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National Health Reform Act 2011No. 9, 2011

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National Health Reform Act 2011No. 9, 2011 Citation change

Legislation text

National Health Reform Act 2011No. 9, 2011