National Health Funding Administration Act 2012 (Tas)

National Health Funding Administration Act 2012

An Act to make provision in relation to the funding of health services [Royal Assent 29 June 2012]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1. Short title This Act may be cited as the National Health Funding Administration Act 2012 .

2. Commencement This Act commences on the day on which this Act receives the Royal Assent or 1 July 2012, whichever is the later.

3. Interpretation (1) In this Act – Administrator means the Administrator of the National Health Funding Pool appointed under section 5 and under the corresponding provision of the laws of the Commonwealth and the other States; COAG means the Council of Australian Governments; function includes a power, authority or duty; local hospital network means an organisation that is a local hospital network (however described) for the purposes of the National Health Reform Agreement; National Health Funding Pool means the combined State Pool Accounts for each State; National Health Reform Agreement means the National Health Reform Agreement between the Commonwealth and the States that was agreed to by COAG on 2 August 2011, as amended from time to time; responsible Minister for a jurisdiction means the relevant Minister with portfolio responsibility for the administration of the provision of this Act in which the expression occurs (or of the corresponding provision of the laws of the Commonwealth and the other States); Note See also section 29 .

Secretary of the Department means the Secretary, under the State Service Act 2000, of the department responsible, to the Minister to whom the administration of this Act is assigned, in relation to the administration of this Act; Standing Council on Health means (subject to subsection (2) ) the Ministerial Council by that name or, if there is no such Ministerial Council, the standing Ministerial Council established or recognised by COAG whose members include all Ministers in Australia having portfolio responsibility for health; State includes the Australian Capital Territory and the Northern Territory; State Managed Fund of a State means a bank account or fund established or designated by the State for the purposes of health funding under the National Health Reform Agreement that is required to be undertaken in the State through a State Managed Fund; State Pool Account of a State means the bank account established by the State under Part 3 or under the corresponding provisions of the law of another State. (2) The Standing Council on Health, when acting under this Act, is to be constituted only by a single Minister for the Commonwealth and a single Minister for each of the States, and any reference in this Act to a member of that Council is to be construed as a reference to those Ministerial members only. (3) If there are 2 or more Ministers for the Commonwealth or for a State who are members of the Standing Council on Health, the relevant Minister for the purposes of this Act is the Minister having primary portfolio responsibility for health in his or her jurisdiction. (4) A reference in this Act to the agreement of, or a request by, a member of the Standing Council on Health is a reference to an agreement or request in writing. (5) This Act is to be interpreted in accordance with Schedule 7 to the Health Practitioner Regulation National Law (Tasmania) and, for that purpose, Schedule 7 applies as if references to this Law or a Queensland Act were references to this Act or an Act of this jurisdiction, and with all other necessary modifications. (6) The Acts Interpretation Act 1931 does not apply in respect of this Act.