NATIONAL HEALTH REFORM ACT 2011

Commonwealth Consolidated Acts

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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--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

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 Standing Council on Health 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. Standing Council on Health

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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