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NATIONAL HEALTH REFORM ACT 2011


TABLE OF PROVISIONS

           Long Title

            

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

   36.     Establishment  
   37.     Role  
   38.     Appointment  
   39.     Acting appointments  
   40.     Outside employment  
   41.     Remuneration  
   42.     Leave  
   43.     Disclosure of interests  
   44.     Resignation  
   45.     Termination of appointment  
   46.     Other terms and conditions  

           Division 2--Staff and consultants

   47.     Staff  
   48.     Persons assisting the Commission  
   49.     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--First Ministers' Council  
   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

   178.    Membership of the Clinical Advisory Committee  
   179.    Appointment of Clinical Advisory Committee members  
   180.    Period of appointment for Clinical Advisory Committee members  
   181.    Acting Clinical Advisory Committee members  
   182.    Procedures  
   183.    Disclosure of interests to the Minister and the Pricing Authority  
   184.    Disclosure of interests to Clinical Advisory Committee  
   185.    Outside employment  
   186.    Remuneration and allowances  
   187.    Leave of absence  
   188.    Resignation  
   189.    Termination of appointment  
   190.    Other terms and conditions  

           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

   204C.   Membership of the Aged Care Advisory Committee  
   204D.   Appointment of members of the Aged Care Advisory Committee  
   204E.   Acting appointments  
   204F.   Remuneration  
   204G.   Disclosure of interests to the Minister and Pricing Authority  
   204H.   Disclosure of interests to the Aged Care Advisory Committee  
   204J.   Leave of absence  
   204K.   Resignation  
   204L.   Termination of appointment  
   204M.   Other terms and conditions  

           Division 3--Decision-making by the Aged Care Advisory Committee

   204N.   Holding of meetings  
   204P.   Presiding at meetings  
   204Q.   Quorum  
   204R.   Voting at meetings etc.  
   204S.   Decisions without meetings  
   204T.   Conduct of meetings  
   204U.   Minutes  

           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

   208.    Minister or State/Territory Health Minister may require the Pricing Authority to prepare reports or give information  
   209.    Keeping the Ministerial Council informed  
   210.    Reporting to Parliament  
   211.    Minister and State/Territory Health Ministers comment before public reports  

           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.    Constitution of Ministerial Council etc.  

   PART 5.2----ADMINISTRATOR OF THE NATIONAL HEALTH FUNDING POOL

           Division 1--Establishment and functions

   231.    The office of Administrator  
   232.    Appointment of Administrator  
   233.    Remuneration  
   234.    Suspension of Administrator  
   235.    Removal or resignation of Administrator  
   236.    Acting Administrator  
   237.    Provision of staff and facilities for Administrator  
   238.    Functions of Administrator  

           Division 2--Financial management and reporting

   239.    Financial management obligations of Administrator  
   240.    Monthly reports by Administrator  
   241.    Annual report by Administrator  
   242.    Administrator to prepare financial statements for State Pool Accounts  
   243.    Audit of financial statements  
   244.    Performance audits  
   245.    Provision of information generally  
   246.    Format and content of reports and statements  

           Division 3--Provisions relating to the functions of the Administrator

   247.    Constitutional limits  
   248.    State laws may confer functions and powers  
   249.    How duty is imposed by State laws  
   250.    When State laws impose a duty on Funding Body or officer  

   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

   253.    Establishment  
   254.    Role  
   255.    Appointment  
   256.    Acting appointments  
   257.    Outside employment  
   258.    Remuneration and allowances  
   259.    Leave of absence  
   260.    Disclosure of interests  
   261.    Resignation  
   262.    Termination of appointment  
   263.    Other terms and conditions  

           Division 3--Staff, consultants etc.

   264.    Staff  
   265.    Persons assisting the Funding Body  
   266.    Consultants  

           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

   269.    Secrecy  
   270.    Disclosure or use for the purposes of this Act  
   271.    Disclosure to the Minister  
   272.    Disclosure to a State/Territory Health Minister  
   273.    Disclosure to the Secretary etc.  
   274.    Disclosure to a Royal Commission  
   275.    Disclosure to certain agencies, bodies or persons  
   276.    Disclosure to researchers  
   277.    Disclosure with consent  
   278.    Disclosure of publicly available information  
            

CHAPTER 6--Miscellaneous
            

   279.    Protection of patient confidentiality  
   280.    Concurrent operation of State and Territory laws etc.  
   282.    Regulations  


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