National Health Reform Act 2011

In force

Administered by

Department of Health, Disability and Ageing

Superseded version

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C2022C00237 C10

12 August 2022 - 05 July 2024

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
- 19 Membership
- 20 Appointment of Commission Board members
- 21 Period of appointment for Commission Board members
- 22 Acting Commission Board members
- 23 Remuneration
- 24 Leave of absence
- 25 Resignation
- 26 Termination of appointment
- 27 Other terms and conditions
- Division 3—Procedures of the Commission Board
- 28 Convening of meetings
- 29 Presiding at meetings
- 30 Quorum
- 31 Voting at meetings
- 32 Decisions without meetings
- 33 Conduct of meetings
- 34 Minutes
- 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 Publishing reports and documents about performance of Commission’s function
- 53 Annual report
- 54 Work plan
- 54AA Corporate 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 4—Independent Health and Aged Care Pricing Authority
Part 4.1—Introduction
- 128 Simplified outline
Part 4.2—Pricing Authority’s establishment, functions, powers and liabilities
- 129 Independent Health and Aged Care Pricing Authority
- 130 Object of the Pricing Authority
- 131 Functions of the Pricing Authority—public hospitals and health care pricing and costing
- 131A Functions of the Pricing Authority—aged care
- 132 Intergovernmental agreements
- 133 Policy principles—COAG
- 134 Constitutional limits
- 135 Powers of the Pricing Authority
- 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
- 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 4.11A—Aged Care Advisory Committee
- Division 1—Establishment and functions of the Aged Care Advisory Committee
  - 204A Establishment of the Aged Care Advisory Committee
  - 204B Functions of the Aged Care Advisory Committee
- Division 2—Membership of the Aged Care Advisory Committee
- Division 3—Decision making by the Aged Care Advisory Committee
- Division 4—Subcommittees
  - 204V Subcommittees
  - 204W Remuneration and allowances
- Division 5—Annual report
  - 204X Annual report
- Division 6—Pricing Authority may assist the Aged Care Advisory Committee and its subcommittees
  - 204Y Pricing Authority may assist the Aged Care Advisory Committee and its subcommittees
Part 4.12—Other committees
- 205 Committees
- 206 Remuneration and allowances
- 207 Pricing Authority may assist committees
Part 4.13—Reporting and planning
- Division 1—Requirements for functions in relation to hospitals
- Division 2—Requirements for functions in relation to health care pricing and costing
  - 211A Minister may require the Pricing Authority to prepare reports in relation to health care pricing and costing functions
  - 211B Reporting to Parliament
- Division 3—Requirements for functions in relation to aged care
  - 211C Relevant Commonwealth Minister may require the Pricing Authority to prepare reports in relation to aged care functions
  - 211D Reporting to Parliament
- Division 4—Other matters
  - 212 Corporate plan
Part 4.13A—Finance
- 212A Money payable to the Pricing Authority
- 212B Application of money by the Pricing Authority
- 212C Taxation
Part 4.14—Secrecy
- 213 Secrecy
- 214 Disclosure or use for the purposes of this Act
- 215 Disclosure to committees—general
- 215A Disclosure to committees—aged care information
- 216 Disclosure to the Minister
- 216A Disclosure to Aged Care 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—general
- 220A Disclosure to relevant bodies or persons—health care pricing and costing information and aged care information
- 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—functions in relation to hospitals
- 226A Minister may give directions to the Pricing Authority—other functions
- 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.
- Division 4—Reporting and planning
  - 267 Annual report
  - 267A Corporate plan
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.
- 282 Regulations
Endnotes
- Endnote 1—About the endnotes
- Endnote 2—Abbreviation key
- Endnote 3—Legislation history
- Endnote 4—Amendment history

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National Health Reform Act 2011

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National Health Reform Act 2011 Citation change

Legislation text

National Health Reform Act 2011