Australian Government

Federal Register of Legislation

National Health Reform Act 2011
Citation changes
National Health Reform Act 2011
21 Oct 2011
National Health and Hospitals Network Act 2011
08 Apr 2011 - 07 Apr 2011

In force

Administered by

Department of Health and Aged Care

Latest version

C2022C00237 (C10)

12 August 2022

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