National Health Reform Act 2011 (Cth)

National Health Reform Act 2011

No. 9, 2011

Compilation No. 12

Compilation date: 15 February 2025

Includes amendments: Act No. 8, 2025

About this compilation

This compilation

This is a compilation of the National Health Reform Act 2011 that shows the text of the law as amended and in force on 15 February 2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

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 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 54HA Disclosure in relation to compliance with share by default provisions 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 Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history