National Health Funding Pool Act 2012

 

National Health Funding Pool Act 2012

Contents

Part 1 — Preliminary

1.Short title2

2.Commencement2

3.Terms used2

Part 2 — Administrator of the National Health Funding Pool

4.The office of Administrator5

5.Appointment of Administrator5

6.Suspension of Administrator6

7.Removal or resignation of Administrator7

8.Acting Administrator7

9.Provision of staff and facilities for Administrator8

10.Functions of Administrator8

Part 3 — State Pool Accounts — the National Health Funding Pool

11.Establishment of State Pool Account ‑ Special Purpose Account11

12.Establishment of State Pool Account ‑ Bank Account11

13.Administration of State Pool Account11

14.Payments from State Pool Account12

15.Distribution of Commonwealth funding13

Part 4 — State Managed Funds

16.State Managed Funds14

Part 5 — Financial management and reporting

17.Financial management obligations of Administrator16

18.Monthly reports by Administrator16

19.Annual report by Administrator17

20.Administrator to prepare financial statements for State Pool Accounts18

21.Audit of financial statements18

22.Performance audits19

23.States to provide Administrator with information about State Managed Funds19

24.Provision of other information20

Part 6 — Miscellaneous

25.Exclusion of legislation of this jurisdiction21

26.Application of Commonwealth Acts21

27.Extraterritorial operation of Act22

28.Act binds the State22

29.Delegation of functions of responsible Minister22

30.Regulations22

31.Transitional and validation provisions23

Part 7 — Hospitals and Health Services Act 1927 amended

32.Act amended24

33.Section 21 amended24

Part 8 — Hospital Fund Act 1930 repealed

Division 1 — Repeal

34.Hospital Fund Act 1930 repealed25

35.Funds to be transferred25

Division 2 — Lotteries Commission Act 1990 amended

36.Act amended26

37.Section 22 amended26

Notes

Compilation table27

Defined terms

 

National Health Funding Pool Act 2012

An Act to —

·provide for the appointment of the Administrator of the National Health Funding Pool; and

·provide for the establishment and management of a State Pool Account; and

·amend the Hospitals and Health Services Act 1927; and

·repeal the Hospital Fund Act 1930 and make consequential amendments.

The Parliament of Western Australia enacts as follows:

 

Part 1  Preliminary

1.Short title

This is the National Health Funding Pool Act 2012 1.

2.Commencement

This Act comes into operation as follows —

(a)sections 1 and 2 — on the day on which this Act receives the Royal Assent;

(b)the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.

3.Terms used

(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;

CEO means the chief executive officer of the department of the Public Service principally assisting in the administration of this Act;

COAG means the Council of Australian Governments;

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 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 31.

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 separate 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 agency special purpose account and bank account established by the State under Part 3 or the bank account established 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 with 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 set out in the Schedule to the Health Practitioner Regulation National Law (WA) Act 2010 and, for that purpose, Schedule 7 applies as if references to this Law were references to this Act, with all other necessary modifications.

(6)Except in Parts 7 and 8 and as provided in section 30(2), the Interpretation Act 1984 does not apply to or in respect of this Act.

Part 2  Administrator of the National Health Funding Pool

4.The office of Administrator

(1)The office of Administrator of the National Health Funding Pool is established by this Act.

(2)It is the intention of Parliament that the same individual holds the office established under subsection (1) and under the corresponding provision of the law of the Commonwealth and the other States.

(3)The Administrator appointed under this Act may exercise and perform the functions of the Administrator in relation to —

(a)one jurisdiction; or

(b)2 or more or all jurisdictions collectively.

(4)A reference in a provision of this Act (other than in section 10(1) or Part 3) to a function of the Administrator under this Act includes a reference to a function of the Administrator under the corresponding provision of the law of the Commonwealth and the other States.

5.Appointment of Administrator

(1)The Minister for this jurisdiction who is a member of the Standing Council on Health is to appoint an individual as the Administrator of the National Health Funding Pool under this Act.

(2)Before the appointment is made, the Chair of the Standing Council is to give each member of that Council an opportunity to nominate an individual for appointment.

(3)An appointment is not to be made unless all the members of the Standing Council on Health have agreed on the individual who will be appointed as Administrator, the date that the appointment will take effect, the period of appointment and the conditions of appointment.

(4)The appointment is to be made by instrument in writing.

(5)The Administrator is to be appointed (subject to subsection (3)) for the period, not exceeding 5 years, and on the conditions specified in his or her instrument of appointment, but is eligible for reappointment.

(6)The Administrator is entitled to the remuneration determined in accordance with the law of the Commonwealth.

6.Suspension of Administrator

(1)The Chair of the Standing Council on Health is required to suspend the Administrator from office if requested to do so by —

(a)at least 3 members of the Council who are Ministers of a State; or

(b)the member of the Council who is a Minister of the Commonwealth.

(2)A member of the Standing Council on Health is not to request the suspension of the Administrator unless the member is satisfied that the Administrator —

(a)is, because of any physical or mental incapacity or otherwise, unable to perform his or her functions satisfactorily; or

(b)has failed to comply with his or her obligations or duties as Administrator; or

(c)has been accused or convicted of an offence that carries a penalty of imprisonment; or

(d)has or may become bankrupt.

(3)A suspension is to be effected by an instrument in writing and is to be notified by the Chair of the Standing Council on Health to all members of the Council.

(4)A suspension is terminated after a period of suspension of 60 days unless before the end of that period the Administrator is removed or resigns from office or a majority of the members of the Standing Council on Health —

(a)terminate the suspension; or

(b)extend the suspension for a specified further period.

(5)Despite subsection (1), the Chair of the Standing Council on Health is not to suspend the Administrator from office within the period of 90 days after an earlier period of suspension was terminated unless a majority of the members of the Council request the Chair to do so.

7.Removal or resignation of Administrator

(1)The Minister for this jurisdiction who is a member of the Standing Council on Health is required to remove the Administrator from office if a majority of the members of the Council agree to the Administrator’s removal from office.

(2)The Administrator is to be removed from office by an instrument in writing that takes effect on the date agreed to by the majority of members of the Standing Council on Health.

(3)The Administrator may resign as Administrator by notice in writing to the Chair of the Standing Council on Health.

(4)The resignation of the Administrator takes effect on the date notified by the Chair of the Standing Council on Health to all members of the Council.

8.Acting Administrator

(1)The Chair of the Standing Council on Health may, from time to time, appoint an individual to act as the Administrator during any period when the office is vacant or the holder of the office is suspended or absent from duty.

(2)Any such appointment may only be made from a panel of persons, and in accordance with the procedure, agreed to by the Standing Council on Health.

Note:

The applied provisions of Schedule 7 to the Health Practitioner National Law (clause 27) contain additional provisions relating to acting appointments that have effect subject to this section.

9.Provision of staff and facilities for Administrator

(1)Staff and facilities to assist the Administrator in exercising or performing his or her functions under this Act are to be provided by the National Health Funding Body constituted under the National Health Reform Act 2011 (Commonwealth).

(2)The Administrator is not entitled to delegate a function conferred on the Administrator under this Act to that body, to any such member of staff or to any other person or body.

10.Functions of Administrator

(1)The Administrator is —

(a)to calculate and advise the Treasurer of the Commonwealth of the amounts required to be paid by the Commonwealth into each State Pool Account of the National Health Funding Pool under the National Health Reform Agreement (including advice on any reconciliation of those amounts based on subsequent actual service delivery); and

(b)to monitor State payments into each State Pool Account for the purposes of Part 5; and

(c)to make payments from each State Pool Account in accordance with the directions of the State concerned; and

(d)to report publicly on the payments made into and from each State Pool Account and other matters on which the Administrator is required to report under this Act; and

(e)to exercise or perform any other functions conferred on the Administrator under this Act.

Note:

Under the corresponding legislation of the Commonwealth the functions of the Administrator include monitoring Commonwealth payments into each State Pool Account for the purposes of Part 5.

(2)The Administrator and the body and staff assisting the Administrator are not subject to the control or direction of any Minister of the Commonwealth in relation to the exercise or performance of the Administrator’s functions under this Act.

(3)However, the Administrator is required to comply with any directions given by COAG in relation to the manner in which the Administrator exercises or performs his or her functions under this Act (including in relation to the preparation or provision of annual or monthly reports, financial statements or information under Part 5).

(4)Directions given by COAG under subsection (3) —

(a)are to be given in accordance with a written resolution of COAG passed in accordance with the procedures determined by COAG; and

(b)are to be notified in writing to the Administrator; and

(c)are to be made publicly available by the Administrator.

(5)When the Administrator is given a direction under subsection (3)  —

(a)the Administrator must give a copy of the direction to the responsible Minister for the State; and

(b)the responsible Minister must, as soon as practicable after receiving the copy, cause it to be tabled in each House of Parliament.

(6)To avoid doubt, this Act is not intended —

(a)to give the Commonwealth ownership or control of money in a State Pool Account; or

(b)to affect the obligation of the Administrator under the laws of a State to make payments from the State Pool Account of the State in accordance with the directions of the State.

(7)To avoid doubt, the Administrator may have regard to information obtained in the exercise or performance of functions under the law of another jurisdiction in the exercise or performance of the Administrator’s functions under Part 5.

Part 3  State Pool Accounts — the National Health Funding Pool

11.Establishment of State Pool Account ‑ Special Purpose Account

An agency special purpose account called the State Pool Account is established in accordance with the Financial Management Act 2006 section 16 for the purpose of the National Health Reform Agreement.

12.Establishment of State Pool Account ‑ Bank Account

(1)The CEO is to open and maintain a separate State bank account for the purpose of the National Health Reform Agreement.

(2)The bank account is to be opened and maintained with —

(a)the Reserve Bank of Australia ; or

(b)if another bank is specified under the National Health Reform Agreement, that other bank.

(3)Unless otherwise agreed under the National Health Reform Agreement, the bank account does not form part of the Public Bank Account.

13.Administration of State Pool Account

(1)The State Pool Account is to be administered by the CEO.

(2)There is to be credited to the State Pool Account —

(a)money paid to the State by the Commonwealth for payment into the State Pool Account under the National Health Reform Agreement; and

(b)money made available by the State for the purposes of funding public hospital services on an activity basis under the National Health Reform Agreement; and

(c)money paid to the State by another State for payment into the State Pool Account under the National Health Reform Agreement; and

(d)any other amount required by law to be credited to the State Pool Account.

14.Payments from State Pool Account

(1)Money standing to the credit of the State Pool Account is to be applied to fund the following in the State under the National Health Reform Agreement (including through a State Managed Fund) —

(a)the services provided by local hospital networks;

(b)health teaching, training and research provided by local hospital networks or other organisations;

(c)any other matter that under that Agreement is to be funded through the National Health Funding Pool.

(2)Interest earned on money in the State Pool Account is to be credited to the Consolidated Account.

(3)Payments of amounts from the State Pool Account established for the State are to be made by the Administrator strictly in accordance with the directions of the responsible Minister for the State, including on the amount of each payment, the party or account to which it is to be paid and the timing of the payment.

(4)The Administrator is required to authorise personally each payment made from the State Pool Account.

(5)The Administrator is, at the direction of the responsible Minister for the State, to repay any money paid by the State into the State Pool Account for the State that the responsible Minister is satisfied constitutes an overpayment into that Account.

(6)This section does not affect the payment from the State Pool Account of charges imposed by the bank at which the Account is established for the operation of that Account.

(7)This section does not require the payment for services and matters referred to in subsection (1) to be made only from the State Pool Account.

(8)If at any time when a payment from the State Pool Account is required to be made there is no Administrator or the Administrator is not available to make the payment at that time, the payment from that Account may be made by an official of the State who is directed by the responsible Minister for the State to make the payment.

15.Distribution of Commonwealth funding

(1)Directions by the responsible Minister for the State to the Administrator for payments from the State Pool Account are, in relation to the distribution of Commonwealth funding provided to the State under the National Health Reform Agreement, to be consistent with the advice provided by the Administrator to the Treasurer of the Commonwealth about the basis on which the Administrator has calculated the payments to be made into that Account by the Commonwealth.

(2)This section does not affect the obligation of the Administrator to make payments from the State Pool Account strictly in accordance with the directions of the responsible Minister for the State.

Part 4  State Managed Funds

16.State Managed Funds

(1)The following agency special purpose accounts are established in accordance with the Financial Management Act 2006 section 16 —

(a)the State Managed Fund (Health) Account for the purposes of the department of the Public Service principally assisting in the administration of the Health Services Act 2016; and

(b)the State Managed Fund (Mental Health) Account for the purposes of the department of the Public Service principally assisting in the administration of the Mental Health Act 2014.

(2)The agency special purpose accounts are designated as State Managed Funds 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.

(3)The following money may be credited to a State Managed Fund —

(a)money applied under section 14(1) that is to be used as block grant funding for —

(i)services provided by local hospital networks;

(ii)health teaching, training and research provided by local hospital networks or other organisations;

(iii)any other matter that under the National Health Reform Agreement is to be funded through a State Managed Fund;

(b)money made available by the State under the National Health Reform Agreement that is to be used as block grant funding for —

(i)services provided by local hospital networks;

(ii)health teaching, training and research provided by local hospital networks or other organisations;

(iii)any other matter that under the National Health Reform Agreement is to be funded through a State Managed Fund.

(4)Amounts to fund the following in the State under the National Health Reform Agreement are to be debited to a State Managed Fund —

(a)services provided by local hospital networks;

(b)health teaching, training and research provided by local hospital networks or other organisations;

(c)any other matter that under the National Health Reform Agreement is to be funded through a State Managed Fund.

[Section 16 amended: No. 25 of 2014 s. 73; No. 11 of 2016 s. 297.]

Part 5  Financial management and reporting

17.Financial management obligations of Administrator

The Administrator must —

(a)develop and apply appropriate financial management policies and procedures with respect to the State Pool Accounts (including policies and procedures to ensure payments from those Accounts are made in accordance with the directions of the responsible Ministers); and

(b)keep proper records in relation to the administration of the State Pool Accounts, including records of all payments made into and from those Accounts and the basis on which the payments were made; and

(c)prepare the financial statements required by this Part in relation to the State Pool Accounts and arrange for the audit of those financial statements in accordance with this Part.

18.Monthly reports by Administrator

(1)The Administrator must provide monthly reports to the Commonwealth and each State containing the following information for the relevant month —

(a)the amounts paid into each State Pool Account and State Managed Fund by the relevant State and the basis on which the payments were made;

(b)the amounts paid into each State Pool Account by the Commonwealth and the basis on which the payments were made;

(c)the amounts paid from each State Pool Account to local hospital networks, a State Managed Fund or other organisations or funds and the basis on which the payments were made;

(d)the amounts paid from each State Managed Fund to local hospital networks or other organisations or funds and the basis on which the payments were made;

(e)the number of public hospital services funded for each local hospital network (including a running financial year total) in accordance with the system of activity based funding;

(f)the number of other public hospital functions funded from each State Pool Account or State Managed Fund (including a running financial year total).

(2)A monthly report required to be provided to a jurisdiction under this section is to be provided to the responsible Minister for that jurisdiction or to a body or officer notified to the Administrator by that Minister.

(3)The Administrator is to make reports provided under this section publicly available.

19.Annual report by Administrator

(1)The Administrator must, within 4 months after the end of each financial year, provide to the responsible Ministers an annual report on the exercise or performance of his or her functions under this Act during the financial year.

(2)The annual report must include the following information for the relevant financial year —

(a)the amounts paid into each State Pool Account and State Managed Fund by the relevant State and the basis on which the payments were made;

(b)the amounts paid into each State Pool Account by the Commonwealth and the basis on which the payments were made;

(c)the amounts paid from each State Pool Account to local hospital networks, a State Managed Fund or other organisations or funds and the basis on which the payments were made;

(d)the amounts paid from each State Managed Fund to local hospital networks or other organisations or funds and the basis on which the payments were made;

(e)the number of public hospital services funded for each local hospital network in accordance with the system of activity based funding;

(f)the number of other public hospital services and functions funded from each State Pool Account or State Managed Fund.

(3)The annual report is to be accompanied by —

(a)an audited financial statement for each State Pool Account; and

(b)a financial statement that combines the audited financial statements for each State Pool Account.

(4)A responsible Minister must, as soon as practicable after receiving an annual report under this section, cause a copy of the report to be tabled in each House of the Parliament of the responsible Minister’s jurisdiction.

20.Administrator to prepare financial statements for State Pool Accounts

The Administrator must, after each financial year, prepare —

(a)a financial statement for each State Pool Account that details financial transactions during that financial year; and

(b)a combined financial statement that consists of the financial statements for each State Pool Account for the financial year.

21.Audit of financial statements

A financial statement under this Part for the State Pool Account of a State is to be audited by the Auditor General of that State in accordance with the relevant legislation of that State relating to financial audit by the Auditor General.

22.Performance audits

(1)For the purposes of this section, a performance audit is an audit by the Auditor General of a jurisdiction of the exercise or performance of the functions of the Administrator in relation to that jurisdiction to determine whether the Administrator is acting effectively, economically, efficiently and in compliance with all relevant laws.

(2)Before the Auditor General of this State conducts a performance audit, the Auditor General must notify the Auditors General of all other jurisdictions of his or her intention to conduct the proposed audit.

(3)Auditors General who are conducting performance audits at the same time are to make arrangements to coordinate the conduct of those audits in relation to any requirements imposed on the Administrator.

(4)A performance audit is to be conducted by the Auditor General of this jurisdiction in accordance with the laws of this jurisdiction relating to the exercise or performance of the functions of the Auditor General.

23.States to provide Administrator with information about State Managed Funds

(1)The responsible Minister for a State is to provide information to the Administrator about any of the following matters relating to the State Managed Fund of that State that the Administrator requires for the preparation of reports and financial statements under this Part —

(a)the amounts paid by the State into the State Managed Fund and the basis on which the payments were made;

(b)the amounts paid by the State from the State Managed Fund to local hospital networks or other organisations or funds and the basis on which the payments were made;

(c)public hospital services and functions that are funded from the State Managed Funds.

(2)The information is to be provided by the time requested by the Administrator.

24.Provision of other information

(1)The Administrator is required to provide to the responsible Minister for a jurisdiction any information requested by that Minister that relates to that jurisdiction.

(2)The information is to be provided by the time requested by that responsible Minister.

(3)The Administrator is required to provide to the responsible Ministers of all jurisdictions a copy of advice provided by the Administrator to the Treasurer of the Commonwealth about the basis on which the Administrator has calculated the payments to be made into State Pool Accounts by the Commonwealth.

(4)The Administrator may at any time provide any information that relates to a jurisdiction to the responsible Minister for that jurisdiction.

(5)Any information relating to a jurisdiction that is provided under this section to another jurisdiction may only be publicly released by that other jurisdiction if approved by the responsible Minister for the jurisdiction to which the information relates.

Part 6  Miscellaneous

25.Exclusion of legislation of this jurisdiction

The following Acts of this jurisdiction do not apply to or in respect of the Administrator or any function exercised or performed by the Administrator —

(a)the Freedom of Information Act 1992;

(b)the Parliamentary Commissioner Act 1971;

(c)the Public Sector Management Act 1994;

(d)the State Records Act 2000.

26.Application of Commonwealth Acts

(1)The following Acts apply (subject to subsection (2)) as laws of this jurisdiction to or in respect of the Administrator and any function exercised or performed by the Administrator —

(a)the Archives Act 1983 (Commonwealth);

(b)the Australian Information Commissioner Act 2010 (Commonwealth);

(c)the Freedom of Information Act 1982 (Commonwealth);

(d)the Ombudsman Act 1976 (Commonwealth);

(e)the Privacy Act 1988 (Commonwealth).

(2)Each of those Acts so applies subject to any modifications necessary to give effect to subsection (1) that are made by the regulations.

(3)Until regulations referred to in subsection (2) are made, subsection (1) does not have effect and instead the legislation referred to in section 25 applies to or in respect of the Administrator and any function exercised or performed by the Administrator.

27.Extraterritorial operation of Act

It is the intention of Parliament that the operation of this Act is to include, as far as possible, operation in relation to the following —

(a)things situated in or outside the territorial limits of this jurisdiction;

(b)acts, transactions and matters done, entered into or occurring in or outside the territorial limits of this jurisdiction;

(c)things, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this Act, be governed or otherwise affected by the law of another jurisdiction.

28.Act binds the State

This Act binds the State and, so far as the legislative power of the State permits, the Crown in all its other capacities.

29.Delegation of functions of responsible Minister

(1)The responsible Minister for the State may delegate to an authority or officer of the State the responsible Minister’s functions under this Act.

(2)This section does not apply to the functions of a Minister under Part 2.

30.Regulations

(1)The Governor may make regulations prescribing all matters that are required or permitted by this Act to be prescribed, or are necessary or convenient to be prescribed for giving effect to the purposes of this Act.

(2)Nothing in section 3(5) or (6) affects the operation of the Interpretation Act 1984 Part VI in relation to regulations made under this Act.

31.Transitional and validation provisions

(1)If, on the commencement of this Act, corresponding provisions to this Act have not been enacted by another jurisdiction, the responsible Minister for that jurisdiction for the purposes of this Act is the Minister of that jurisdiction with portfolio responsibility for health.

(2)Any thing done by a Minister of the Commonwealth or of a State before the commencement of this Act that would have been validly done if this Act, and the corresponding provisions of other jurisdictions, had been in force at the time is taken to have been validly done.

Part 7  Hospitals and Health Services Act 1927 amended

32.Act amended

This Part amends the Hospitals and Health Services Act 1927.

33.Section 21 amended

(1)In section 21(1)(g) delete “the board.” and insert:

 

the board;

 

(2)After section 21(1)(g) insert:

 

(h)the funding of services for public patients provided by private hospitals and non‑government providers of health services.

 

(3)After section 21(1) insert:

 

(2A)In subsection (1)(h) —

public patient has the meaning given in section 3(1) of the Commonwealth Act.

 

Part 8 — Hospital Fund Act 1930 repealed

Division 1 — Repeal

34.Hospital Fund Act 1930 repealed

The Hospital Fund Act 1930 is repealed.

35.Funds to be transferred

(1)In this section —

commencement day means the day on which section 34 comes into operation;

Hospital Fund means the Hospital Fund established under the Hospital Fund Act 1930.

(2)The Treasurer, on advice from the Minister who administers the Hospitals and Health Services Act 1927, must make a determination for the purposes of subsections (3) and (4) before section 34 comes into operation.

(3)On the commencement day any funds standing to the credit of the Hospital Fund are to be credited to one of the following accounts, in accordance with the determination of the Treasurer made under subsection (2) —

(a)the State Pool Account of the State;

(b)a State Managed Fund of the State;

(c)an agency special purpose account established and maintained under the Financial Management Act 2006 section 16 by the department of the Public Service principally assisting in the administration of the Hospitals and Health Services Act 1927;

(d)the Consolidated Account.

(4)An account or fund referred to in subsection (3) is to be credited, in accordance with the determination made by the Treasurer under subsection (2), with any money that became payable to the Hospital Fund before the commencement day and that is paid after that day.

Division 2 — Lotteries Commission Act 1990 amended

36.Act amended

This Division amends the Lotteries Commission Act 1990.

37.Section 22 amended

(1)In section 22(2)(b) delete “agency special purpose account referred to in section 3(2) of the Hospital Fund Act 1930;” and insert:

 

State Pool Account of the State established under the National Health Funding Pool Act 2012; and

 

(2)Delete section 22(2a)(a) and insert:

 

(a)paid into the State Pool Account of the State established under the National Health Funding Pool Act 2012; and

 

(3)After section 22(2d) insert:

 

(3)The moneys paid into the State Pool Account of the State under subsection (2a) are to be applied in accordance with the National Health Funding Pool Act 2012 section 14.

 

(4)After section 22(2)(a) and (c) insert:

 

and

 

 

Notes

1This is a compilation of the National Health Funding Pool Act 2012 and includes the amendments made by the other written laws referred to in the following table.

Compilation table

Short title

Number and year

Assent

Commencement

National Health Funding Pool Act 2012

44 of 2012

20 Nov 2012

s. 1 and 2: 20 Nov 2012 (see s. 2(a));
Act other than s. 1, 2 and Pt. 8: 15 Dec 2012 (see s. 2(b) and Gazette 14 Dec 2012 p. 6195);
Pt. 8: 28 Aug 2013 (see s. 2(b) and Gazette 27 Aug 2013 p. 4051)

Mental Health Legislation Amendment Act 2014 Pt. 4 Div. 4 Subdiv. 17

25 of 2014

3 Nov 2014

30 Nov 2015 (see s. 2(b) and Gazette 13 Nov 2015 p. 4632)

Health Services Act 2016 s. 297

11 of 2016

26 May 2016

1 Jul 2016 (see s. 2(b) and Gazette 24 Jun 2016 p. 2291)

 

 

Defined terms

 

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined termProvision(s)

Administrator3(1)

CEO3(1)

COAG3(1)

commencement day35(1)

Hospital Fund35(1)

local hospital network3(1)

National Health Funding Pool3(1)

National Health Reform Agreement3(1)

performance audit22(1)

responsible Minister3(1)

Standing Council on Health3(1)

State3(1)

State Managed Fund3(1)

State Pool Account3(1)