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This is a Bill, not an Act. For current law, see the Acts databases.
NATIONAL HEALTH REFORM AMENDMENT (NATIONAL HEALTH PERFORMANCE AUTHORITY) BILL 2011
2010-2011
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
National Health Reform Amendment
(National Health Performance
Authority) Bill 2011
No. , 2011
(Health and Ageing)
A Bill for an Act to amend the National Health and
Hospitals Network Act 2011, and for other purposes
i National Health Reform Amendment (National Health Performance Authority) Bill 2011
No. , 2011
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Amendments
3
Part 1--Amendments
3
National Health and Hospitals Network Act 2011
3
Part 2--Transitional provisions
55
National Health Reform Amendment (National Health Performance Authority) Bill 2011 No.
, 2011 1
A Bill for an Act to amend the National Health and
1
Hospitals Network Act 2011, and for other purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the National Health Reform Amendment
5
(National Health Performance Authority) Act 2011.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2 National Health Reform Amendment (National Health Performance Authority) Bill 2011
No. , 2011
Commencement information
Column 1
Column 2
Column 3
Provision(s) Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
A single day to be fixed by Proclamation.
A Proclamation must not specify a day that
occurs before the commencement of
section 3 of the National Health and
Hospitals Network Act 2011.
However, if the provision(s) do not
commence within the period of 6 months
beginning on the later of:
(a) the start of the day this Act receives the
Royal Assent; and
(b) the commencement of section 3 of the
National Health and Hospitals Network
Act 2011;
they commence on the day after the end of
that period.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
12
Amendments Schedule 1
Amendments Part 1
National Health Reform Amendment (National Health Performance Authority) Bill 2011 No.
, 2011 3
Schedule 1--Amendments
1
Part 1--Amendments
2
National Health and Hospitals Network Act 2011
3
1 Title
4
Omit "the National Health and Hospitals Network", substitute
5
"national health reform".
6
2 Section 1
7
Omit "National Health and Hospitals Network", substitute "National
8
Health Reform".
9
3 Part 1 (heading)
10
Repeal the heading, substitute:
11
Chapter 1--Preliminary
12
13
4 Section 3
14
Repeal the section, substitute:
15
3 Object
16
The object of this Act is to establish:
17
(a) the Australian Commission on Safety and Quality in Health
18
Care; and
19
(b) the National Health Performance Authority.
20
5 Section 4
21
Repeal the section, substitute:
22
4 Simplified outline
23
The following is a simplified outline of this Act:
24
·
This Act sets up:
25
Schedule 1 Amendments
Part 1 Amendments
4 National Health Reform Amendment (National Health Performance Authority) Bill 2011
No. , 2011
(a)
the Australian Commission on Safety and Quality
1
in Health Care; and
2
(b)
the National Health Performance Authority.
3
·
The Australian Commission on Safety and Quality in Health
4
Care has functions relating to health care safety and quality
5
matters.
6
·
The main function of the National Health Performance
7
Authority is to monitor, and report on, the performance of the
8
following:
9
(a)
local hospital networks;
10
(b)
public
hospitals;
11
(c)
private
hospitals;
12
(d)
primary health care organisations;
13
(e)
other bodies or organisations that provide health
14
care services.
15
6 Section 5 (definition of Board)
16
Repeal the definition.
17
7 Section 5 (definition of Board member)
18
Repeal the definition.
19
8 Section 5 (definition of CEO)
20
Repeal the definition.
21
9 Section 5 (definition of Chair)
22
Repeal the definition.
23
10 Section 5
24
Insert:
25
COAG means the Council of Australian Governments.
26
Amendments Schedule 1
Amendments Part 1
National Health Reform Amendment (National Health Performance Authority) Bill 2011 No.
, 2011 5
11 Section 5
1
Insert:
2
Commission Board means the Board of the Commission.
3
12 Section 5
4
Insert:
5
Commission Board Chair means the Chair of the Commission
6
Board.
7
13 Section 5
8
Insert:
9
Commission Board member means a member of the Commission
10
Board, and includes the Commission Board Chair.
11
14 Section 5
12
Insert:
13
Commission CEO means the Chief Executive Officer of the
14
Commission.
15
15 Section 5
16
Insert:
17
local hospital network means:
18
(a) a body corporate that is:
19
(i) established by a law of a State, the Australian Capital
20
Territory or the Northern Territory; and
21
(ii) known as a Local Hospital Network; or
22
(b) a body specified in a legislative instrument made by the
23
Minister for the purposes of this paragraph.
24
For the purposes of paragraph (b), body includes a part of a body.
25
Note:
For specification by class, see subsection 13(3) of the Legislative
26
Instruments Act 2003.
27
16 Section 5
28
Insert:
29
member of the Performance Authority includes:
30
Schedule 1 Amendments
Part 1 Amendments
6 National Health Reform Amendment (National Health Performance Authority) Bill 2011
No. , 2011
(a) the Chair of the Performance Authority; and
1
(b) the Deputy Chair of the Performance Authority.
2
17 Section 5
3
Insert:
4
Ministerial Conference means the body known as the Australian
5
Health Ministers' Conference.
6
18 Section 5 (definition of National Health and Hospitals
7
Network Agreement)
8
Repeal the definition.
9
19 Section 5
10
Insert:
11
official of the Commission means:
12
(a) a Commission Board member; or
13
(b) the Commission CEO; or
14
(c) a member of the staff of the Commission; or
15
(d) a person whose services are made available to the
16
Commission under section 48; or
17
(e) a person engaged as a consultant under section 49.
18
20 Section 5
19
Insert:
20
official of the Performance Authority means:
21
(a) a member of the Performance Authority; or
22
(b) the Performance Authority CEO; or
23
(c) a member of the staff of the Performance Authority; or
24
(d) a person whose services are made available to the
25
Performance Authority under section 103; or
26
(e) a person engaged as a consultant under section 104.
27
21 Section 5
28
Insert:
29
Amendments Schedule 1
Amendments Part 1
National Health Reform Amendment (National Health Performance Authority) Bill 2011 No.
, 2011 7
Performance Authority means the National Health Performance
1
Authority.
2
22 Section 5
3
Insert:
4
Performance Authority CEO means the Chief Executive Officer
5
of the Performance Authority.
6
23 Section 5
7
Insert:
8
personal information has the same meaning as in the Privacy Act
9
1988.
10
24 Section 5
11
Insert:
12
Premier:
13
(a) the Chief Minister of the Australian Capital Territory is taken
14
to be the Premier of that Territory for the purposes of this
15
Act; and
16
(b) the Chief Minister of the Northern Territory is taken to be the
17
Premier of that Territory for the purposes of this Act.
18
25 Section 5
19
Insert:
20
primary health care organisation means a body or organisation of
21
a kind specified in a legislative instrument made by the Minister
22
for the purposes of this definition.
23
26 Section 5
24
Insert:
25
private hospital means a facility specified in a legislative
26
instrument made by the Minister for the purposes of this definition.
27
27 Section 5
28
Insert:
29
Schedule 1 Amendments
Part 1 Amendments
8 National Health Reform Amendment (National Health Performance Authority) Bill 2011
No. , 2011
protected Commission information means information that:
1
(a) was obtained by a person in the person's capacity as an
2
official of the Commission; and
3
(b) relates to the affairs of a person other than an official of the
4
Commission.
5
28 Section 5
6
Insert:
7
protected Performance Authority information means information
8
that:
9
(a) was obtained by a person in the person's capacity as an
10
official of the Performance Authority; and
11
(b) relates to the affairs of a person other than an official of the
12
Performance Authority.
13
29 Section 5
14
Insert:
15
public hospital means a facility specified in a legislative
16
instrument made by the Minister for the purposes of this definition.
17
30 Section 5
18
Insert:
19
Royal Commission has the same meaning as in the Royal
20
Commissions Act 1902.
21
31 Section 5
22
Insert:
23
Secretary means the Secretary of the Department.
24
32 Section 5
25
Insert:
26
staff of the Performance Authority means the staff described in
27
section 102.
28
33 Section 5
29
Insert:
30
Amendments Schedule 1
Amendments Part 1
National Health Reform Amendment (National Health Performance Authority) Bill 2011 No.
, 2011 9
State/Territory government body means:
1
(a) the government of a State or Territory; or
2
(b) an agency or authority of a State or Territory.
3
34 Section 5
4
Insert:
5
Treasurer means the Minister administering the Federal Financial
6
Relations Act 2009.
7
35 Section 5 (definition of vacancy)
8
Repeal the definition, substitute:
9
vacancy, in relation to the office of:
10
(a) a Commission Board member; or
11
(b) a member of the Performance Authority;
12
has a meaning affected by section 6.
13
36 Section 6
14
Before "For the purposes", insert "(1)".
15
37 Paragraph 6(a)
16
Omit "Board", substitute "Commission Board".
17
38 Section 6
18
Omit "Board member in addition to the Chair", substitute "Commission
19
Board member in addition to the Commission Board Chair".
20
39 At the end of section 6
21
Add:
22
(2) For the purposes of a reference in:
23
(a) this Act to a vacancy in the office of a member of the
24
Performance Authority; or
25
(b)
the
Acts Interpretation Act 1901 to a vacancy in the
26
membership of a body;
27
there are taken to be 5 offices of members of the Performance
28
Authority in addition to the Chair of the Performance Authority
29
and the Deputy Chair of the Performance Authority.
30
Schedule 1 Amendments
Part 1 Amendments
10 National Health Reform Amendment (National Health Performance Authority) Bill
2011 No. , 2011
40 Part 2 (heading)
1
Before the heading, insert:
2
Chapter 2--Australian Commission on Safety
3
and Quality in Health Care
4
Part 2.1--Introduction
5
6
7A Simplified outline
7
The following is a simplified outline of this Chapter:
8
·
This Chapter sets up the Australian Commission on Safety and
9
Quality in Health Care.
10
·
The Commission has functions relating to health care safety
11
and quality matters.
12
·
There is to be a Board of the Commission.
13
·
There is to be a Chief Executive Officer of the Commission.
14
·
Committees may be established to assist the Commission.
15
41 Part 2 (heading)
16
Repeal the heading, substitute:
17
Part 2.2--Commission's establishment, functions
18
and powers
19
42 Subsection 8(3)
20
Omit "Board" (wherever occurring), substitute "Commission Board".
21
43 Paragraph 9(1)(n)
22
Omit "Chair", substitute "Commission Board Chair".
23
Amendments Schedule 1
Amendments Part 1
National Health Reform Amendment (National Health Performance Authority) Bill 2011 No.
, 2011 11
44 Part 3 (heading)
1
Repeal the heading, substitute:
2
Part 2.3--The Commission Board
3
45 Division 1 of Part 3 (heading)
4
Repeal the heading, substitute:
5
Division 1--Establishment and role of the Commission
6
Board
7
46 Section 17
8
Omit "Board", substitute "Commission Board".
9
47 Section 17 (note)
10
Repeal the note, substitute:
11
Note: In
this
Act,
Commission Board means the Board of the
12
Commission--see section 5.
13
48 Section 18
14
Omit "Board" (wherever occurring), substitute "Commission Board".
15
49 Division 2 of Part 3 (heading)
16
Repeal the heading, substitute:
17
Division 2--Members of the Commission Board
18
50 Section 19
19
Omit "Board" (first occurring), substitute "Commission Board".
20
51 Paragraph 19(a)
21
Omit "Chair of the Board", substitute "Chair of the Commission
22
Board".
23
52 Section 19 (note)
24
Repeal the note, substitute:
25
Note: In
this
Act,
Commission Board Chair means the Chair of the
26
Commission Board and Commission Board member means a member
27
Schedule 1 Amendments
Part 1 Amendments
12 National Health Reform Amendment (National Health Performance Authority) Bill
2011 No. , 2011
of the Commission Board (including the Commission Board Chair)--
1
see section 5.
2
53 Section 20
3
Omit "Board" (wherever occurring), substitute "Commission Board".
4
Note:
The heading to section 20 is altered by omitting "Board" and substituting
5
"Commission Board".
6
54 Section 21
7
Omit "Board", substitute "Commission Board".
8
Note:
The heading to section 21 is altered by omitting "Board" and substituting
9
"Commission Board".
10
55 Subsection 22(1)
11
Omit "Chair" (wherever occurring), substitute "Commission Board
12
Chair".
13
Note 1: The heading to section 22 is altered by omitting "Board" and substituting
14
"Commission Board".
15
Note 2: The heading to subsection 22(1) is altered by omitting "Chair" and substituting
16
"Commission Board Chair".
17
56 Subsection 22(2)
18
Omit "Board" (first occurring), substitute "Commission Board".
19
Note:
The heading to subsection 22(2) is altered by omitting "Board member (other than
20
Chair)" and substituting "Commission Board member (other than Commission Board
21
Chair)".
22
57 Subsection 22(2)
23
Omit "Chair" (first occurring), substitute "Commission Board Chair".
24
58 Paragraphs 22(2)(a) and (b)
25
Omit "Board member (other than the Chair)", substitute "Commission
26
Board member (other than the Commission Board Chair)".
27
59 Paragraph 22(4)(a)
28
Omit "Chair", substitute "Commission Board Chair".
29
60 Paragraph 22(4)(b)
30
Repeal the paragraph, substitute:
31
Amendments Schedule 1
Amendments Part 1
National Health Reform Amendment (National Health Performance Authority) Bill 2011 No.
, 2011 13
(b) a Commission Board member (other than the Commission
1
Board Chair);
2
61 Subsection 22(4)
3
Omit "as a Board", substitute "as a Commission Board".
4
62 Subsection 22(4) (note)
5
Omit "Board", substitute "Commission Board".
6
63 Section 23
7
Omit "Board" (wherever occurring), substitute "Commission Board".
8
64 Subsection 24(1)
9
Omit "Chair", substitute "Commission Board Chair".
10
65 Subsection 24(2)
11
Omit "Chair" (first occurring), substitute "Commission Board Chair".
12
66 Subsection 24(2)
13
Omit "Board", substitute "Commission Board".
14
67 Subsection 24(2)
15
Omit "Chair" (last occurring), substitute "Commission Board Chair".
16
68 Subsection 24(3)
17
Omit "Chair must notify the Minister if the Chair grants to a Board
18
member", substitute "Commission Board Chair must notify the Minister
19
if the Commission Board Chair grants to a Commission Board
20
Member".
21
69 Subsection 25(1)
22
Omit "Board", substitute "Commission Board".
23
70 Section 26
24
Omit "Board (wherever occurring), substitute "Commission Board".
25
71 Section 27
26
Omit "Board", substitute "Commission Board".
27
Schedule 1 Amendments
Part 1 Amendments
14 National Health Reform Amendment (National Health Performance Authority) Bill
2011 No. , 2011
72 Division 3 of Part 3 (heading)
1
Repeal the heading, substitute:
2
Division 3--Procedures of the Commission Board
3
73 Subsection 28(1)
4
Omit "Chair must convene 3 meetings of the Board", substitute
5
"Commission Board Chair must convene 3 meetings of the Commission
6
Board".
7
74 Subsection 28(2)
8
Omit "Chair", substitute "Commission Board Chair".
9
75 Subsection 28(3)
10
Omit "Chair must convene a meeting of the Board", substitute
11
"Commission Board Chair must convene a meeting of the Commission
12
Board".
13
76 Subsection 29(1)
14
Omit "Chair must preside at all meetings of the Board", substitute
15
"Commission Board Chair must preside at all meetings of the
16
Commission Board".
17
77 Subsection 29(2)
18
Omit "Chair is not present at a meeting, the Board", substitute
19
"Commission Board Chair is not present at a meeting, the Commission
20
Board".
21
78 Section 30
22
Omit "Board" (wherever occurring), substitute "Commission Board".
23
79 Section 31
24
Omit "Board" (wherever occurring), substitute "Commission Board".
25
80 Section 32
26
Omit "Board" (wherever occurring), substitute "Commission Board".
27
81 Section 33
28
Amendments Schedule 1
Amendments Part 1
National Health Reform Amendment (National Health Performance Authority) Bill 2011 No.
, 2011 15
Omit "Board" (wherever occurring), substitute "Commission Board".
1
82 Section 34
2
Omit "Board", substitute "Commission Board".
3
83 Division 4 of Part 3 (heading)
4
Repeal the heading, substitute:
5
Division 4--Delegation by the Commission Board
6
84 Subsection 35(1)
7
Omit "Board" (wherever occurring), substitute "Commission Board".
8
Note:
The heading to section 35 is altered by omitting "Board" and substituting
9
"Commission Board".
10
85 Paragraph 35(1)(b)
11
Omit "CEO", substitute "Commission CEO".
12
86 Subsection 35(2)
13
Omit "Board", substitute "Commission Board".
14
87 Part 4 (heading)
15
Repeal the heading, substitute:
16
Part 2.4--Chief Executive Officer, staff and
17
consultants
18
88 Section 36 (note)
19
Repeal the note, substitute:
20
Note: In
this
Act,
Commission CEO means the Chief Executive Officer of
21
the Commission--see section 5.
22
89 Section 37
23
Omit "CEO" (wherever occurring), substitute "Commission CEO".
24
90 Subsection 37(3)
25
Omit "Board", substitute "Commission Board".
26
Schedule 1 Amendments
Part 1 Amendments
16 National Health Reform Amendment (National Health Performance Authority) Bill
2011 No. , 2011
91 Subsection 38(1)
1
Omit "CEO", substitute "Commission CEO".
2
92 Paragraph 38(1)(b)
3
Omit "Board", substitute "Commission Board".
4
93 Subsection 38(3)
5
Omit "Board" (wherever occurring), substitute "Commission Board".
6
94 Subsections 38(5), (6) and (7)
7
Omit "CEO", substitute "Commission CEO".
8
95 Subsection 38(7)
9
Omit "Board", substitute "Commission Board".
10
96 Subsection 39(1)
11
Omit "Board", substitute "Commission Board".
12
97 Subsection 39(1)
13
Omit "CEO" (wherever occurring), substitute "Commission CEO".
14
98 Subsection 40(1)
15
Omit "CEO", substitute "Commission CEO".
16
99 Subsection 40(1)
17
Omit "Chair's", substitute "Commission Board Chair's".
18
100 Subsection 40(2)
19
Omit "Chair", substitute "Commission Board Chair".
20
101 Section 41
21
Omit "CEO" (wherever occurring), substitute "Commission CEO".
22
102 Subsection 42(1)
23
Omit "CEO", substitute "Commission CEO".
24
103 Subsection 42(2)
25
Amendments Schedule 1
Amendments Part 1
National Health Reform Amendment (National Health Performance Authority) Bill 2011 No.
, 2011 17
Omit "Chair may grant the CEO", substitute "Commission Board Chair
1
may grant the Commission CEO".
2
104 Subsection 42(2)
3
Omit "Chair" (last occurring), substitute "Commission Board Chair".
4
105 Subsection 42(3)
5
Omit "Chair must notify the Minister if the Chair grants the CEO",
6
substitute "Commission Board Chair must notify the Minister if the
7
Commission Board Chair grants the Commission CEO".
8
106 Section 43
9
Omit "CEO must give written notice to the Board", substitute
10
"Commission CEO must give written notice to the Commission Board".
11
107 Section 43
12
Omit "CEO" (second occurring), substitute "Commission CEO".
13
108 Section 43
14
Omit "CEO's", substitute "Commission CEO's".
15
109 Subsection 44(1)
16
Omit "CEO may resign his or her appointment by giving the Chair",
17
substitute "Commission CEO may resign his or her appointment by
18
giving the Commission Board Chair".
19
110 Subsection 44(2)
20
Omit "Chair", substitute "Commission Board Chair".
21
111 Subsection 44(3)
22
Omit "CEO resigns under this section, the Chair", substitute
23
"Commission CEO resigns, the Commission Board Chair".
24
112 Subsection 45(1)
25
Omit "Board may terminate the appointment of the CEO", substitute
26
"Commission Board may terminate the appointment of the Commission
27
CEO".
28
113 Subsection 45(2)
29
Schedule 1 Amendments
Part 1 Amendments
18 National Health Reform Amendment (National Health Performance Authority) Bill
2011 No. , 2011
Omit "Board may terminate the appointment of the CEO if the Board is
1
satisfied that the CEO's", substitute "Commission Board may terminate
2
the appointment of the Commission CEO if the Commission Board is
3
satisfied that the Commission CEO's".
4
114 Subsection 45(3)
5
Omit "Board terminates the appointment of the CEO", substitute
6
"Commission Board terminates the appointment of the Commission
7
CEO".
8
115 Paragraph 45(3)(a)
9
Omit "Board", substitute "Commission Board".
10
116 Subsection 45(4)
11
Omit "Board must terminate the appointment of the CEO", substitute
12
"Commission Board must terminate the appointment of the Commission
13
CEO".
14
117 Paragraphs 45(4)(a), (b), (c) and (d)
15
Omit "CEO", substitute "Commission CEO".
16
118 Paragraph 45(4)(d)
17
Omit "Chair's", substitute "Commission Board Chair's".
18
119 Subsection 45(5)
19
Omit "Board terminates the appointment of the CEO, the Board",
20
substitute "Commission Board terminates the appointment of the
21
Commission CEO, the Commission Board".
22
120 Section 46
23
Omit "CEO", substitute "Commission CEO".
24
121 Section 46
25
Omit "Board", substitute "Commission Board".
26
122 Paragraphs 47(2)(a) and (b)
27
Omit "CEO", substitute "Commission CEO".
28
123 Part 5 (heading)
29
Amendments Schedule 1
Amendments Part 1
National Health Reform Amendment (National Health Performance Authority) Bill 2011 No.
, 2011 19
Repeal the heading, substitute:
1
Part 2.5--Committees
2
124 Subsection 50(2)
3
Omit "Board" (wherever occurring), substitute "Commission Board".
4
125 Subsections 52(5) and (6)
5
Repeal the subsections.
6
126 Part 6 (heading)
7
Repeal the heading, substitute:
8
Part 2.6--Reporting and planning obligations of
9
the Commission
10
127 After Part 6
11
Insert:
12
Part 2.7--Secrecy
13
14
54A Secrecy
15
(1) A person commits an offence if:
16
(a) the person is, or has been, an official of the Commission; and
17
(b) the person has obtained protected Commission information in
18
the person's capacity as an official of the Commission; and
19
(c)
the
person:
20
(i) discloses the information to another person; or
21
(ii) uses the information.
22
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
23
Exceptions
24
(2) Each of the following is an exception to the prohibition in
25
subsection (1):
26
Schedule 1 Amendments
Part 1 Amendments
20 National Health Reform Amendment (National Health Performance Authority) Bill
2011 No. , 2011
(a) the disclosure or use is authorised by this Part;
1
(b) the disclosure or use is in compliance with a requirement
2
under:
3
(i) a law of the Commonwealth; or
4
(ii) a prescribed law of a State or a Territory.
5
Note:
A defendant bears an evidential burden in relation to a matter in
6
subsection (2) (see subsection 13.3(3) of the Criminal Code).
7
(3) Except where it is necessary to do so for the purposes of giving
8
effect to this Act, an official of the Commission is not to be
9
required:
10
(a) to produce to a court or tribunal a document containing
11
protected Commission information; or
12
(b) to disclose protected Commission information to a court or
13
tribunal.
14
54B Disclosure or use for the purposes of this Act
15
An official of the Commission may disclose or use protected
16
Commission information if:
17
(a) the disclosure or use is for the purposes of this Act; or
18
(b) the disclosure or use is for the purposes of the performance of
19
the functions of the Commission under this Act; or
20
(c) the disclosure or use is in the course of the official's
21
employment or service as an official of the Commission.
22
54C Disclosure to committee
23
(1) An official of the Commission may disclose protected Commission
24
information to a committee established under section 50.
25
(2) A person commits an offence if:
26
(a) the person is a member of a committee established under
27
section 50; and
28
(b) protected Commission information has been disclosed under
29
subsection (1) to the committee; and
30
(c)
the
person:
31
(i) discloses the information to another person; or
32
(ii) uses the information.
33
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Penalty: Imprisonment for 2 years or 120 penalty units, or both.
1
(3) Subsection (2) does not apply if:
2
(a) the disclosure or use is for the purposes of this Act; or
3
(b) the disclosure or use is for the purposes of the performance of
4
the functions of the committee under this Act; or
5
(c) the disclosure or use is in the course of the person's service
6
as a member of the committee.
7
Note:
A defendant bears an evidential burden in relation to a matter in
8
subsection (3) (see subsection 13.3(3) of the Criminal Code).
9
54D Disclosure to the Minister
10
An official of the Commission may disclose protected Commission
11
information to the Minister.
12
54E Disclosure to the Treasurer
13
An official of the Commission may disclose protected Commission
14
information to the Treasurer.
15
54F Disclosure to the Secretary etc.
16
An official of the Commission may disclose protected Commission
17
information to:
18
(a) the Secretary; or
19
(b) an APS employee in the Department who is authorised by the
20
Secretary, in writing, for the purposes of this section.
21
54G Disclosure to a Royal Commission
22
(1) An official of the Commission may disclose protected Commission
23
information to a Royal Commission.
24
(2) The Commission Board Chair may, by writing, impose conditions
25
to be complied with in relation to protected Commission
26
information disclosed under subsection (1).
27
(3) An instrument under subsection (2) is not a legislative instrument.
28
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54H Disclosure to certain agencies, bodies or persons
1
Scope
2
(1) This section applies if the Commission Board Chair is satisfied that
3
particular protected Commission information will enable or assist
4
any of the following agencies, bodies or persons:
5
(a)
the
Performance
Authority;
6
(b) the Ministerial Conference;
7
(c) the Australian Health Ministers' Advisory Council;
8
(d) the Australian Institute of Health and Welfare;
9
(e) the Australian Statistician;
10
(f) a State/Territory government body that has functions relating
11
to health care;
12
(g) a professional disciplinary body specified in a legislative
13
instrument made by the Minister;
14
(h) an agency, person or body specified in a legislative
15
instrument made by the Minister;
16
to perform or exercise any of the functions or powers of the
17
agency, body or person.
18
Disclosure
19
(2) If an official of the Commission is authorised by the Commission
20
Board Chair, in writing, for the purposes of this section, the official
21
may disclose that protected Commission information to the agency,
22
body or person concerned.
23
(3) If protected Commission information is disclosed under
24
subsection (2) to an agency, body or person, the agency, body or
25
person must not disclose or use the information for a purpose other
26
than the purpose for which the information was given to the
27
agency, body or person.
28
54J Disclosure to researchers
29
Scope
30
(1) This section applies if the Commission Board Chair is satisfied that
31
particular protected Commission information will assist an agency,
32
body or person to conduct research.
33
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Disclosure
1
(2) If an official of the Commission is authorised by the Commission
2
Board Chair, in writing, for the purposes of this section, the official
3
may disclose that protected Commission information to the agency,
4
body or person concerned.
5
(3) An official of the Commission must not disclose information under
6
subsection (2) if the information is likely to enable the
7
identification of a particular patient.
8
54K Disclosure with consent
9
An official of the Commission may disclose protected Commission
10
information that relates to the affairs of a person if:
11
(a) the person has consented to the disclosure; and
12
(b) the disclosure is in accordance with that consent.
13
54L Disclosure of publicly available information
14
An official of the Commission may disclose protected Commission
15
information if it has already been lawfully made available to the
16
public.
17
54M Delegation
18
(1) The Commission Board Chair may, by writing, delegate any or all
19
of his or her functions and powers under this Part to the
20
Commission CEO.
21
(2) A delegate must comply with any written directions of the
22
Commission Board Chair.
23
128 Part 7 (heading)
24
Repeal the heading, substitute:
25
Part 2.8--Other matters
26
129 Section 55
27
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Omit "CEO is not subject to direction by the Board in relation to the
1
CEO's", substitute "Commission CEO is not subject to direction by the
2
Commission Board in relation to the Commission CEO's".
3
Note:
The heading to section 55 is altered by omitting "CEO not subject to direction by the
4
Board", and substituting "Commission CEO not subject to direction by the
5
Commission Board".
6
130 Sections 58 to 60
7
Repeal the sections, substitute:
8
Chapter 3--National Health Performance
9
Authority
10
Part 3.1--Introduction
11
12
58 Simplified outline
13
The following is a simplified outline of this Chapter:
14
·
This Chapter sets up the National Health Performance
15
Authority.
16
·
The main function of the National Health Performance
17
Authority is to monitor, and report on, the performance of the
18
following:
19
(a)
local hospital networks;
20
(b)
public
hospitals;
21
(c)
private
hospitals;
22
(d)
primary health care organisations;
23
(e)
other bodies or organisations that provide health
24
care services.
25
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Part 3.2--Performance Authority's establishment,
1
functions, powers and liabilities
2
3
59 National Health Performance Authority
4
The National Health Performance Authority is established by this
5
section.
6
Note: In
this
Act,
Performance Authority means the National Health
7
Performance Authority--see section 5.
8
60 Functions of the Performance Authority
9
(1) The Performance Authority has the following functions:
10
(a) to monitor, and prepare reports on, matters relating to the
11
performance of the following:
12
(i) local hospital networks;
13
(ii)
public
hospitals;
14
(iii)
private
hospitals;
15
(iv) primary health care organisations;
16
(v) other bodies or organisations that provide health care
17
services;
18
(b) to publish (whether on the internet or otherwise) reports
19
prepared by the Performance Authority in the performance of
20
the function conferred by paragraph (a);
21
(c) to formulate, in writing, performance indicators to be used by
22
the Performance Authority in connection with the
23
performance of the function conferred by paragraph (a);
24
(d) to collect, analyse and interpret information for purposes in
25
connection with the performance of the function conferred by
26
paragraph (a);
27
(e) to promote, support, encourage, conduct and evaluate
28
research for purposes in connection with the performance of
29
any of the functions of the Performance Authority;
30
(f) such functions (if any) as are specified in a written
31
instrument given by the Minister to the Chair of the
32
Performance Authority;
33
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(g) to advise the Minister, at the Minister's request, about
1
matters relating to any of the functions of the Performance
2
Authority;
3
(h) to do anything incidental to or conducive to the performance
4
of any of the above functions.
5
(2) For the purposes of paragraph (1)(a), hospital services that are
6
provided in a hospital are taken to be provided by the hospital.
7
(3) Paragraph (1)(c) does not, by implication, prevent the Performance
8
Authority from using either of both of the following in connection
9
with the performance of the function conferred by
10
paragraph (1)(a):
11
(a) performance indicators formulated by a person or body other
12
than the Performance Authority;
13
(b) standards formulated by a person or body other than the
14
Performance Authority.
15
(4) An instrument made under paragraph (1)(c) is not a legislative
16
instrument.
17
(5) An instrument made under paragraph (1)(f) is not a legislative
18
instrument.
19
61 Performance Authority to have regard to intergovernmental
20
agreements and other instruments
21
Scope
22
(1) This section applies if any of the following instruments is relevant
23
to the performance of a function of the Performance Authority:
24
(a) a written agreement between the Commonwealth and one or
25
more States;
26
(b) a written resolution of COAG passed in accordance with the
27
procedures determined by COAG.
28
Performance Authority must have regard to instrument
29
(2) The Performance Authority must have regard to the instrument in
30
performing the function.
31
(3) Subsection (2) does not limit the matters to which regard may be
32
had.
33
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States
1
(4) For the purposes of this section, State includes:
2
(a) the Australian Capital Territory; and
3
(b) the Northern Territory.
4
62 Additional provisions about reports
5
Scope
6
(1) This section applies to a report prepared by the Performance
7
Authority under paragraph 60(1)(a) if the report indicates poor
8
performance by any of the following entities or facilities:
9
(a) a local hospital network;
10
(b) a public hospital;
11
(c) a private hospital;
12
(d) a primary health care organisation;
13
(e) any other body or organisation that provides health care
14
services.
15
Consultation
16
(2) Before completing the preparation of the report, the Performance
17
Authority must:
18
(a) give a copy of a draft of the report to the manager of the
19
entity or facility; and
20
(b) invite the manager of the entity or facility to give the
21
Performance Authority written comments about the draft
22
report within 30 days after receiving the draft report.
23
63 Additional provisions about performance indicators
24
Scope
25
(1) This section applies to the performance indicators formulated by
26
the Performance Authority under paragraph 60(1)(c).
27
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Application or adoption of other instruments etc.
1
(2) Performance indicators may apply, adopt or incorporate, with or
2
without modification, any matter contained in any other instrument
3
or writing, as existing:
4
(a) at a particular time; or
5
(b) from time to time.
6
64 Constitutional limits
7
The Performance Authority may perform its functions only:
8
(a) for purposes related to:
9
(i) the provision of pharmaceutical, sickness or hospital
10
benefits; or
11
(ii) the provision of medical or dental services; or
12
(b) for purposes related to the granting of financial assistance to
13
a State on such terms and conditions as the Parliament thinks
14
fit; or
15
(c) for purposes related to the executive power of the
16
Commonwealth; or
17
(d) for purposes related to statistics; or
18
(e) in, or for purposes related to, a Territory; or
19
(f) in or with respect to a Commonwealth place (within the
20
meaning of the Commonwealth Places (Application of Laws)
21
Act 1970); or
22
(g) for purposes related to trade and commerce:
23
(i) between Australia and places outside Australia; or
24
(ii) among the States; or
25
(iii) within a Territory, between a State and a Territory or
26
between 2 Territories; or
27
(h) for purposes related to a corporation to which paragraph
28
51(xx) of the Constitution applies; or
29
(i) by way of the use of a postal, telegraphic, telephonic or other
30
like service within the meaning of paragraph 51(v) of the
31
Constitution; or
32
(j) by way of the provision of a service to:
33
(i) the Commonwealth; or
34
(ii) an authority of the Commonwealth;
35
for a purpose of the Commonwealth; or
36
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(k) for purposes related to matters that are peculiarly adapted to
1
the government of a nation and that cannot otherwise be
2
carried on for the benefit of the nation; or
3
(l) for purposes related to matters incidental to the execution of
4
any of the legislative powers of the Parliament or the
5
executive power of the Commonwealth.
6
65 Rules to be complied with by the Performance Authority in
7
performing its monitoring and reporting functions
8
(1) The Minister may, by legislative instrument, make rules to be
9
complied with by the Performance Authority in performing the
10
functions conferred by paragraphs 60(1)(a) and (b).
11
Note:
For variation and revocation, see subsection 33(3) of the Acts
12
Interpretation Act 1901.
13
(2) The Performance Authority must comply with rules in force under
14
subsection (1).
15
66 Minister may direct the Performance Authority to formulate
16
performance indicators
17
(1) The Minister may, by legislative instrument, direct the
18
Performance Authority to formulate performance indicators in
19
relation to a specified matter.
20
Note:
For variation and revocation, see subsection 33(3) of the Acts
21
Interpretation Act 1901.
22
(2) The Performance Authority must comply with a direction under
23
subsection (1).
24
67 Powers of the Performance Authority
25
(1) The Performance Authority has power to do all things necessary or
26
convenient to be done for or in connection with the performance of
27
its functions.
28
(2) The powers of the Performance Authority include, but are not
29
limited to, the power to enter into contracts.
30
Note:
The Performance Authority CEO may also enter into contracts on
31
behalf of the Commonwealth. See section 44 of the Financial
32
Management and Accountability Act 1997.
33
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30 National Health Reform Amendment (National Health Performance Authority) Bill
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(3) Any contract entered into by the Performance Authority is to be
1
entered into on behalf of the Commonwealth.
2
(4) Any real or personal property held by the Performance Authority is
3
held for and on behalf of the Commonwealth.
4
(5) Any money received by the Performance Authority is received for
5
and on behalf of the Commonwealth.
6
(6) The Performance Authority cannot hold real or personal property,
7
or money, on trust for a person other than the Commonwealth.
8
Note:
The Commonwealth may hold real or personal property or money on
9
trust.
10
(7) To avoid doubt, a right to sue is taken not to be personal property
11
for the purposes of subsection (4).
12
68 Performance Authority's liabilities are Commonwealth liabilities
13
(1) Any financial liabilities of the Performance Authority are taken to
14
be liabilities of the Commonwealth.
15
(2) In this section:
16
financial liability means a liability to pay a person an amount,
17
where the amount, or the method for working out the amount, has
18
been determined.
19
69 Performance Authority has privileges and immunities of the
20
Crown
21
The Performance Authority has the privileges and immunities of
22
the Crown in right of the Commonwealth.
23
Part 3.3--Constitution and membership of the
24
Performance Authority
25
26
70 Constitution of the Performance Authority
27
(1) The Performance Authority:
28
(a) is a body corporate with perpetual succession; and
29
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(b) must have a seal; and
1
(c) may acquire, hold and dispose of real and personal property;
2
and
3
(d) may sue and be sued in its corporate name.
4
(2) The seal of the Performance Authority is to be kept in such custody
5
as the Performance Authority directs and must not be used except
6
as authorised by the Performance Authority.
7
(3) All courts, judges and persons acting judicially must:
8
(a) take judicial notice of the imprint of the seal of the
9
Performance Authority appearing on a document; and
10
(b) presume that the document was duly sealed.
11
71 Membership of the Performance Authority
12
The Performance Authority consists of the following members:
13
(a)
a
Chair;
14
(b) a Deputy Chair;
15
(c) 5 other members.
16
Note: In
this
Act,
member of the Performance Authority includes the Chair
17
of the Performance Authority and the Deputy Chair of the
18
Performance Authority--see section 5.
19
72 Appointment of members of the Performance Authority
20
(1) Each member of the Performance Authority is to be appointed by
21
the Minister by written instrument.
22
Note:
The member of the Performance Authority is eligible for
23
reappointment: see the Acts Interpretation Act 1901.
24
(2) The Deputy Chair is to be appointed with the agreement of the
25
Premiers of:
26
(a) the States; and
27
(b) the Australian Capital Territory; and
28
(c) the Northern Territory.
29
(3) A member of the Performance Authority (other than the Chair or
30
Deputy Chair) is to be appointed with the agreement of:
31
(a) the Prime Minister; and
32
(b) the Premiers of:
33
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(i) the States; and
1
(ii) the Australian Capital Territory; and
2
(iii) the Northern Territory.
3
(4) The Minister must ensure that at least one member of the
4
Performance Authority has:
5
(a) substantial experience or knowledge; and
6
(b)
significant
standing;
7
in the following fields:
8
(c) the health care needs of people living in regional or rural
9
areas;
10
(d) the provision of health care services in regional or rural areas.
11
(5) A member of the Performance Authority may hold office on either
12
a full-time or a part-time basis.
13
73 Period of appointment for members of the Performance
14
Authority
15
A member of the Performance Authority holds office for the period
16
specified in the instrument of appointment. The period must not
17
exceed 5 years.
18
Note:
For re-appointment, see the Acts Interpretation Act 1901.
19
74 Acting members of the Performance Authority
20
Acting Chair of the Performance Authority
21
(1) The Minister may appoint a person to act as the Chair of the
22
Performance Authority:
23
(a) during a vacancy in the office of the Chair of the
24
Performance Authority (whether or not an appointment has
25
previously been made to the office); or
26
(b) during any period, or during all periods, when the Chair of
27
the Performance Authority:
28
(i) is absent from duty or Australia; or
29
(ii) is, for any reason, unable to perform the duties of the
30
office.
31
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Acting Deputy Chair of the Performance Authority
1
(2) The Minister may appoint a person to act as the Deputy Chair of
2
the Performance Authority:
3
(a) during a vacancy in the office of the Deputy Chair of the
4
Performance Authority (whether or not an appointment has
5
previously been made to the office); or
6
(b) during any period, or during all periods, when the Deputy
7
Chair of the Performance Authority:
8
(i) is absent from duty or Australia; or
9
(ii) is, for any reason, unable to perform the duties of the
10
office.
11
Acting member of the Performance Authority (other than the Chair
12
or Deputy Chair of the Performance Authority)
13
(3) The Minister may appoint a person to act as a member of the
14
Performance Authority (other than the Chair or Deputy Chair of
15
the Performance Authority):
16
(a) during a vacancy in the office of a member of the
17
Performance Authority (other than the Chair or Deputy Chair
18
of the Performance Authority), whether or not an
19
appointment has previously been made to the office; or
20
(b) during any period, or during all periods, when a member of
21
the Performance Authority (other than the Chair or Deputy
22
Chair of the Performance Authority):
23
(i) is absent from duty or Australia; or
24
(ii) is, for any reason, unable to perform the duties of the
25
office.
26
Written instrument
27
(4) An appointment under subsection (1), (2) or (3) is to be made by
28
written instrument.
29
Validation
30
(5) Anything done by or in relation to a person purporting to act under
31
an appointment is not invalid merely because:
32
(a) the occasion for the appointment had not arisen; or
33
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(b) there was a defect or irregularity in connection with the
1
appointment; or
2
(c) the appointment had ceased to have effect; or
3
(d) the occasion to act had not arisen or had ceased.
4
Note:
See sections 20 and 33A of the Acts Interpretation Act 1901.
5
Part 3.4--Terms and conditions for members of the
6
Performance Authority
7
8
75 Remuneration
9
(1) A member of the Performance Authority is to be paid the
10
remuneration that is determined by the Remuneration Tribunal. If
11
no determination of that remuneration by the Tribunal is in
12
operation, a member of the Performance Authority is to be paid the
13
remuneration that is prescribed by the regulations.
14
(2) A member of the Performance Authority is to be paid the
15
allowances that are prescribed by the regulations.
16
(3) This section has effect subject to the Remuneration Tribunal Act
17
1973.
18
76 Disclosure of interests to the Minister
19
A member of the Performance Authority must give written notice
20
to the Minister of all interests, pecuniary or otherwise, that the
21
member has or acquires and that conflict or could conflict with the
22
proper performance of the member's functions.
23
77 Disclosure of interests to the Performance Authority
24
(1) A member of the Performance Authority who has an interest,
25
pecuniary or otherwise, in a matter being considered or about to be
26
considered by the Performance Authority must disclose the nature
27
of the interest to a meeting of the Performance Authority.
28
(2) The disclosure must be made as soon as possible after the relevant
29
facts have come to the knowledge of the member of the
30
Performance Authority.
31
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(3) The disclosure must be recorded in the minutes of the meeting of
1
the Performance Authority.
2
(4) Unless the Performance Authority otherwise determines, the
3
member of the Performance Authority:
4
(a) must not be present during any deliberation by the
5
Performance Authority on the matter; and
6
(b) must not take part in any decision of the Performance
7
Authority with respect to the matter.
8
(5) For the purposes of making a determination under subsection (4),
9
the member of the Performance Authority:
10
(a) must not be present during any deliberation of the
11
Performance Authority for the purpose of making the
12
determination; and
13
(b) must not take part in making the determination.
14
(6) A determination under subsection (4) must be recorded in the
15
minutes of the meeting of the Performance Authority.
16
78 Outside employment
17
(1) A full-time member of the Performance Authority must not engage
18
in paid employment outside the duties of his or her office without
19
the Minister's approval.
20
(2) A part-time member of the Performance Authority must not engage
21
in any paid employment that conflicts or may conflict with the
22
proper performance of his or her duties.
23
79 Leave of absence
24
(1) A full-time member of the Performance Authority has the
25
recreation leave entitlements that are determined by the
26
Remuneration Tribunal.
27
(2) The Minister may grant leave of absence, other than recreation
28
leave, to a full-time member of the Performance Authority on the
29
terms and conditions as to remuneration or otherwise that the
30
Minister determines.
31
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36 National Health Reform Amendment (National Health Performance Authority) Bill
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(3) The Chair of the Performance Authority may grant leave of
1
absence to a part-time member of the Performance Authority on
2
the terms and conditions that the Chair determines.
3
80 Resignation
4
(1) A member of the Performance Authority may resign his or her
5
appointment by giving the Minister a written resignation.
6
(2) The resignation takes effect on the day it is received by the
7
Minister or, if a later day is specified in the resignation, on that
8
later day.
9
81 Termination
10
The Minister may at any time terminate the appointment of a
11
member of the Performance Authority.
12
82 Other terms and conditions
13
A member of the Performance Authority holds office on the terms
14
and conditions (if any) in relation to matters not covered by this
15
Act that are determined by the Minister.
16
Part 3.5--Decision-making by the Performance
17
Authority
18
19
83 Holding of meetings
20
(1) The Performance Authority is to hold such meetings as are
21
necessary for the performance of its functions.
22
(2) The Chair of the Performance Authority may convene a meeting at
23
any time.
24
84 Presiding at meetings
25
(1) The Chair of the Performance Authority presides at all meetings at
26
which he or she is present.
27
(2)
If:
28
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, 2011 37
(a) the Chair of the Performance Authority is not present at a
1
meeting; and
2
(b) the Deputy Chair of the Performance Authority is present at
3
the meeting;
4
the Deputy Chair of the Performance Authority is to preside.
5
(3) If neither the Chair, nor the Deputy Chair, of the Performance
6
Authority is present at a meeting, the members of the Performance
7
Authority present must appoint one of themselves to preside.
8
85 Quorum
9
At a meeting of the Performance Authority, 4 members of the
10
Performance Authority constitute a quorum.
11
86 Voting at meetings etc.
12
(1) At a meeting of the Performance Authority, a question is decided
13
by a majority of the votes of members of the Performance
14
Authority present and voting.
15
(2) The person presiding at a meeting has a deliberative vote and, in
16
the event of an equality of votes, also has a casting vote.
17
87 Decisions without meetings
18
(1) The Performance Authority is taken to have made a decision at a
19
meeting if:
20
(a) without meeting, a majority of the members entitled to vote
21
on the proposed decision indicate agreement with the
22
decision; and
23
(b) that agreement is indicated in accordance with the method
24
determined by the Performance Authority under
25
subsection (2); and
26
(c) all the members were informed of the proposed decision, or
27
reasonable efforts were made to inform all the members of
28
the proposed decision.
29
(2) Subsection (1) does not apply unless the Performance Authority:
30
(a) has determined that it may make decisions of that kind
31
without meeting; and
32
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(b) has determined the method by which members are to indicate
1
agreement with proposed decisions.
2
(3) For the purposes of paragraph (1)(a), a member is not entitled to
3
vote on a proposed decision if the member would not have been
4
entitled to vote on that proposal if the matter had been considered
5
at a meeting of the Performance Authority.
6
88 Conduct of meetings
7
The Performance Authority may, subject to this Part, regulate
8
proceedings at its meetings as it considers appropriate.
9
Note:
Section 33B of the Acts Interpretation Act 1901 provides for
10
participation in meetings by telephone etc.
11
89 Minutes
12
The Performance Authority must keep minutes of its meetings.
13
Part 3.6--Delegation by the Performance Authority
14
15
90 Delegation by the Performance Authority
16
(1) The Performance Authority may, by writing, delegate any or all of
17
its functions and powers to:
18
(a) a member of the Performance Authority; or
19
(b) the Performance Authority CEO; or
20
(c) a person who is:
21
(i) a member of the staff of the Performance Authority; and
22
(ii) an SES employee or acting SES employee.
23
Note: The
expressions
SES employee and acting SES employee are defined
24
in the Acts Interpretation Act 1901.
25
(2) A delegate must comply with any written directions of the
26
Performance Authority.
27
(3) Subsection (1) does not apply to:
28
(a) making, varying or revoking a legislative instrument; or
29
(b) giving advice to the Minister.
30
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Part 3.7--Chief Executive Officer of the
1
Performance Authority
2
3
91 Establishment
4
There is to be a Chief Executive Officer of the Performance
5
Authority.
6
Note: In
this
Act,
Performance Authority CEO means the Chief Executive
7
Officer of the Performance Authority--see section 5.
8
92 Role
9
(1) The Performance Authority CEO is responsible for the day-to-day
10
administration of the Performance Authority.
11
Note:
See also section 126.
12
(2) The Performance Authority CEO has power to do all things
13
necessary or convenient to be done for or in connection with the
14
performance of his or her duties.
15
(3) The Performance Authority CEO is to act in accordance with the
16
policies determined, and any directions given, by the Performance
17
Authority.
18
93 Appointment
19
(1) The Performance Authority CEO is to be appointed by the
20
Minister.
21
(2) The appointment is to be made by written instrument.
22
(3) Before appointing a person as the Performance Authority CEO, the
23
Minister must consult the Performance Authority.
24
(4) The Performance Authority CEO holds office on a full-time basis.
25
(5) The Performance Authority CEO holds office for the period
26
specified in the instrument of appointment. The period must not
27
exceed 5 years.
28
Note:
For re-appointment, see the Acts Interpretation Act 1901.
29
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(6) The Performance Authority CEO must not be a member of the
1
Performance Authority.
2
94 Acting appointments
3
(1) The Minister may appoint a person to act as the Performance
4
Authority CEO:
5
(a) during a vacancy in the office of the Performance Authority
6
CEO (whether or not an appointment has previously been
7
made to the office); or
8
(b) during any period, or during all periods, when the
9
Performance Authority CEO:
10
(i) is absent from duty or from Australia; or
11
(ii) is, for any reason, unable to perform the duties of the
12
office.
13
(2) An appointment under subsection (1) is to be made by written
14
instrument.
15
(3) Anything done by or in relation to a person purporting to act under
16
an appointment under subsection (1) is not invalid merely because:
17
(a) the occasion for the appointment had not arisen; or
18
(b) there was a defect or irregularity in connection with the
19
appointment; or
20
(c) the appointment had ceased to have effect; or
21
(d) the occasion to act had not arisen or had ceased.
22
Note:
For more about acting appointments, see sections 20 and 33A of the
23
Acts Interpretation Act 1901.
24
95 Outside employment
25
The Performance Authority CEO must not engage in paid
26
employment outside the duties of his or her office without the
27
approval of the Minister.
28
96 Remuneration
29
(1) The Performance Authority CEO is to be paid the remuneration
30
that is determined by the Remuneration Tribunal. If no
31
determination of that remuneration by the Tribunal is in operation,
32
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the Performance Authority CEO is to be paid the remuneration that
1
is prescribed by the regulations.
2
(2) The Performance Authority CEO is to be paid the allowances that
3
are prescribed by the regulations.
4
(3) This section has effect subject to the Remuneration Tribunal Act
5
1973.
6
97 Leave
7
(1) The Performance Authority CEO has the recreation leave
8
entitlements that are determined by the Remuneration Tribunal.
9
(2) The Minister may grant the Performance Authority CEO leave of
10
absence, other than recreation leave, on the terms and conditions as
11
to remuneration or otherwise that the Minister determines.
12
98 Disclosure of interests
13
The Performance Authority CEO must give written notice to the
14
Minister and the Performance Authority of all interests, pecuniary
15
or otherwise, that the Performance Authority CEO has or acquires
16
and that conflict or could conflict with the proper performance of
17
the Performance Authority CEO's duties.
18
99 Resignation
19
(1) The Performance Authority CEO may resign his or her
20
appointment by giving the Minister a written resignation.
21
(2) The resignation takes effect on the day it is received by the
22
Minister or, if a later day is specified in the resignation, on that
23
later day.
24
(3) If the Performance Authority CEO resigns, the Minister must
25
notify the Performance Authority of the resignation.
26
100 Termination of appointment
27
(1) The Minister may terminate the appointment of the Performance
28
Authority CEO for misbehaviour or physical or mental incapacity.
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(2) The Minister must terminate the appointment of the Performance
1
Authority CEO if:
2
(a) the Performance Authority CEO:
3
(i) becomes bankrupt; or
4
(ii) applies to take the benefit of any law for the relief of
5
bankrupt or insolvent debtors; or
6
(iii) compounds with his or her creditors; or
7
(iv) makes an assignment of his or her remuneration for the
8
benefit of his or her creditors; or
9
(b) the Performance Authority CEO is absent, except on leave of
10
absence, for 14 consecutive days or for 28 days in any 12
11
months; or
12
(c) the Performance Authority CEO fails, without reasonable
13
excuse, to comply with section 98; or
14
(d) the Performance Authority CEO engages, except with the
15
approval of the Minister, in paid employment outside the
16
duties of his or her office (see section 95).
17
(3) Before terminating the appointment of the Performance Authority
18
CEO, the Minister must consult the Performance Authority.
19
101 Other terms and conditions
20
The Performance Authority CEO holds office on the terms and
21
conditions (if any) in relation to matters not covered by this Act
22
that are determined by the Minister.
23
Part 3.8--Staff and consultants
24
25
102 Staff
26
(1) The staff of the Performance Authority are to be persons engaged
27
under the Public Service Act 1999.
28
(2) For the purposes of the Public Service Act 1999:
29
(a) the Performance Authority CEO and the staff of the
30
Performance Authority together constitute a Statutory
31
Agency; and
32
(b) the Performance Authority CEO is the Head of that Statutory
33
Agency.
34
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103 Persons assisting the Performance Authority
1
The Performance Authority may also be assisted:
2
(a) by officers and employees of Agencies (within the meaning
3
of the Public Service Act 1999); or
4
(b) by officers and employees of authorities of the
5
Commonwealth; or
6
(c) by officers and employees of a State or Territory; or
7
(d) by officers and employees of authorities of a State or
8
Territory;
9
whose services are made available to the Performance Authority in
10
connection with the performance of any of its functions.
11
104 Consultants
12
(1) The Performance Authority may engage persons having suitable
13
qualifications and experience as consultants to the Performance
14
Authority.
15
(2) The consultants are to be engaged on the terms and conditions that
16
the Performance Authority determines in writing.
17
Part 3.9--Committees
18
19
105 Committees
20
(1) The Performance Authority may establish committees to advise or
21
assist it in the performance of its functions.
22
(2) A committee may be constituted:
23
(a) wholly by members of the Performance Authority; or
24
(b) wholly by persons who are not members of the Performance
25
Authority; or
26
(c) partly by members of the Performance Authority and partly
27
by other persons.
28
(3) The Performance Authority may determine, in relation to a
29
committee established under this section:
30
(a) the committee's terms of reference; and
31
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(b) the terms and conditions of appointment of the members of
1
the committee; and
2
(c) the procedures to be followed by the committee.
3
106 Remuneration and allowances
4
Scope
5
(1) This section applies if a committee is established under
6
section 105.
7
Remuneration and allowances
8
(2) A committee member is to be paid the remuneration that is
9
determined by the Remuneration Tribunal. If no determination of
10
that remuneration by the Tribunal is in operation, the member is to
11
be paid the remuneration that is prescribed by the regulations.
12
(3) However, a committee member is not entitled to be paid
13
remuneration if he or she holds an office or appointment, or is
14
otherwise employed, on a full-time basis in the service or
15
employment of:
16
(a) a State; or
17
(b) a corporation (a public statutory corporation) that:
18
(i) is established for a public purpose by a law of a State;
19
and
20
(ii) is not a tertiary education institution; or
21
(c) a company limited by guarantee, where the interests and
22
rights of the members in or in relation to the company are
23
beneficially owned by a State; or
24
(d) a company in which all the stock or shares are beneficially
25
owned by a State or by a public statutory corporation.
26
Note:
A similar rule applies to a committee member who has a similar
27
relationship with the Commonwealth or a Territory. See subsection
28
7(11) of the Remuneration Tribunal Act 1973.
29
(4) A committee member is to be paid the allowances that are
30
prescribed by the regulations.
31
(5) This section (other than subsection (3)) has effect subject to the
32
Remuneration Tribunal Act 1973.
33
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107 Performance Authority may assist committees
1
(1) The Performance Authority may assist a committee established
2
under section 105 in the performance of its functions.
3
(2) The assistance may include the following:
4
(a) the provision of information;
5
(b) the making available of resources and facilities (including
6
secretariat services and clerical assistance).
7
Part 3.10--Reporting obligations of the
8
Performance Authority
9
10
108 Minister may require the Performance Authority to prepare
11
reports or give information
12
Reports
13
(1) The Minister may, by written notice given to the Performance
14
Authority, require the Performance Authority to:
15
(a) prepare a report about one or more specified matters relating
16
to the performance of the Performance Authority's functions;
17
and
18
(b) give copies of the report to the Minister within the period
19
specified in the notice.
20
Information
21
(2) The Minister may, by written notice given to the Performance
22
Authority, require the Performance Authority to:
23
(a) prepare a document setting out specified information relating
24
to the performance of the Performance Authority's functions;
25
and
26
(b) give copies of the document to the Minister within the period
27
specified in the notice.
28
Compliance
29
(3) The Performance Authority must comply with a requirement under
30
subsection (1) or (2).
31
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Publication of reports and documents
1
(4) The Minister may cause to be published (whether on the internet or
2
otherwise):
3
(a) a report under subsection (1); or
4
(b) a document under subsection (2).
5
109 Keeping the Minister informed etc.
6
(1) The Performance Authority must keep the Minister informed of the
7
operations of the Performance Authority.
8
(2) The Performance Authority must give the Minister such reports,
9
documents and information in relation to those operations as are
10
appropriate.
11
110 Statements about advice given by the Performance Authority
12
Scope
13
(1) This section applies if, at a particular time, the Performance
14
Authority gives advice about a particular matter to the Minister
15
under paragraph 60(1)(g).
16
Statement
17
(2) Within 12 months after that time, the Performance Authority must:
18
(a) prepare a statement to the effect that the Performance
19
Authority gave advice about that matter to the Minister at
20
that time; and
21
(b) publish the statement on its website.
22
111 Annual report
23
The Performance Authority must, as soon as practicable after the
24
end of each financial year, prepare and give to the Minister, for
25
presentation to the Parliament, a report on its operations during that
26
year.
27
Note:
See also section 34C of the Acts Interpretation Act 1901, which
28
contains extra rules about annual reports.
29
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Part 3.11--Planning obligations of the Performance
1
Authority
2
3
112 Strategic plan
4
(1) The Performance Authority must prepare a strategic plan at least
5
once each 3-year period and give it to the Minister.
6
(2) The plan must cover a 3-year period.
7
(3) The plan must include details of the following matters:
8
(a) the strategies and policies that are to be followed by the
9
Performance Authority in order to achieve its objectives;
10
(b) such other matters (if any) as the Minister requires.
11
(4) The Performance Authority must keep the Minister informed
12
about:
13
(a) changes to the plan; and
14
(b) matters that might significantly affect the achievement of the
15
Performance Authority's objectives.
16
(5) The Minister may give the Performance Authority written
17
guidelines that are to be used by the Performance Authority in
18
deciding whether a matter is covered by paragraph (3)(b) or (4)(b).
19
(6) A guideline given under subsection (5) is not a legislative
20
instrument.
21
(7) The Performance Authority must ensure that the first strategic plan
22
is prepared within 12 months after the commencement of this
23
section.
24
Part 3.12--Secrecy
25
26
113 Secrecy
27
(1) A person commits an offence if:
28
(a) the person is, or has been, an official of the Performance
29
Authority; and
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(b) the person has obtained protected Performance Authority
1
information in the person's capacity as an official of the
2
Performance Authority; and
3
(c)
the
person:
4
(i) discloses the information to another person; or
5
(ii) uses the information.
6
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
7
Exceptions
8
(2) Each of the following is an exception to the prohibition in
9
subsection (1):
10
(a) the disclosure or use is authorised by this Part;
11
(b) the disclosure or use is in compliance with a requirement
12
under:
13
(i) a law of the Commonwealth; or
14
(ii) a prescribed law of a State or a Territory.
15
Note:
A defendant bears an evidential burden in relation to a matter in
16
subsection (2) (see subsection 13.3(3) of the Criminal Code).
17
(3) Except where it is necessary to do so for the purposes of giving
18
effect to this Act, an official of the Performance Authority is not to
19
be required:
20
(a) to produce to a court or tribunal a document containing
21
protected Performance Authority information; or
22
(b) to disclose protected Performance Authority information to a
23
court or tribunal.
24
114 Disclosure or use for the purposes of this Act
25
An official of the Performance Authority may disclose or use
26
protected Performance Authority information if:
27
(a) the disclosure or use is for the purposes of this Act; or
28
(b) the disclosure or use is for the purposes of the performance of
29
the functions of the Performance Authority under this Act; or
30
(c) the disclosure or use is in the course of the official's
31
employment or service as an official of the Performance
32
Authority.
33
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115 Disclosure to committee
1
(1) An official of the Performance Authority may disclose protected
2
Performance Authority information to a committee established
3
under section 105.
4
(2) A person commits an offence if:
5
(a) the person is a member of a committee established under
6
section 105; and
7
(b) protected Performance Authority information has been
8
disclosed under subsection (1) to the committee; and
9
(c)
the
person:
10
(i) discloses the information to another person; or
11
(ii) uses the information.
12
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
13
(3) Subsection (2) does not apply if:
14
(a) the disclosure or use is for the purposes of this Act; or
15
(b) the disclosure or use is for the purposes of the performance of
16
the functions of the committee under this Act; or
17
(c) the disclosure or use is in the course of the person's service
18
as a member of the committee.
19
Note:
A defendant bears an evidential burden in relation to a matter in
20
subsection (3) (see subsection 13.3(3) of the Criminal Code).
21
116 Disclosure to the Minister
22
An official of the Performance Authority may disclose protected
23
Performance Authority information to the Minister.
24
117 Disclosure to the Treasurer
25
An official of the Performance Authority may disclose protected
26
Performance Authority information to the Treasurer.
27
118 Disclosure to the Secretary etc.
28
An official of the Performance Authority may disclose protected
29
Performance Authority information to:
30
(a) the Secretary; or
31
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(b) an APS employee in the Department who is authorised by the
1
Secretary, in writing, for the purposes of this section.
2
119 Disclosure to a Royal Commission
3
(1) An official of the Performance Authority may disclose protected
4
Performance Authority information to a Royal Commission.
5
(2) The Chair of the Performance Authority may, by writing, impose
6
conditions to be complied with in relation to protected
7
Performance Authority information disclosed under subsection (1).
8
(3) An instrument under subsection (2) is not a legislative instrument.
9
120 Disclosure to certain agencies, bodies or persons
10
Scope
11
(1) This section applies if the Chair of the Performance Authority is
12
satisfied that particular protected Performance Authority
13
information will enable or assist any of the following agencies,
14
bodies or persons:
15
(a)
the
Commission;
16
(b) the Ministerial Conference;
17
(c) the Australian Health Ministers' Advisory Council;
18
(d) the Australian Institute of Health and Welfare;
19
(e) the Australian Statistician;
20
(f) a State/Territory government body that has functions relating
21
to health care;
22
(g) a professional disciplinary body specified in a legislative
23
instrument made by the Minister;
24
(h) an agency, person or body specified in a legislative
25
instrument made by the Minister;
26
to perform or exercise any of the functions or powers of the
27
agency, body or person.
28
Disclosure
29
(2) If an official of the Performance Authority is authorised by the
30
Chair of the Performance Authority, in writing, for the purposes of
31
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this section, the official may disclose that protected Performance
1
Authority information to the agency, body or person concerned.
2
(3) If protected Performance Authority information is disclosed under
3
subsection (2) to an agency, body or person, the agency, body or
4
person must not disclose or use the information for a purpose other
5
than the purpose for which the information was given to the
6
agency, body or person.
7
121 Disclosure to researchers
8
Scope
9
(1) This section applies if the Chair of the Performance Authority is
10
satisfied that particular protected Performance Authority
11
information will assist an agency, body or person to conduct
12
research.
13
Disclosure
14
(2) If an official of the Performance Authority is authorised by the
15
Chair of the Performance Authority, in writing, for the purposes of
16
this section, the official may disclose that protected Performance
17
Authority information to the agency, body or person concerned.
18
(3) An official of the Performance Authority must not disclose
19
information under subsection (2) if the information is likely to
20
enable the identification of a particular patient.
21
122 Disclosure with consent
22
An official of the Performance Authority may disclose protected
23
Performance Authority information that relates to the affairs of a
24
person if:
25
(a) the person has consented to the disclosure; and
26
(b) the disclosure is in accordance with that consent.
27
123 Disclosure of publicly available information
28
An official of the Performance Authority may disclose protected
29
Performance Authority information if it has already been lawfully
30
made available to the public.
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124 Delegation
1
(1) The Chair of the Performance Authority may, by writing, delegate
2
any or all of his or her functions and powers under this Part to the
3
Performance Authority CEO.
4
(2) A delegate must comply with any written directions of the Chair of
5
the Performance Authority.
6
Part 3.13--Other matters
7
8
125 Minister may give directions to the Performance Authority
9
(1) The Minister may, by legislative instrument, give directions to the
10
Performance Authority in relation to the performance of its
11
functions and the exercise of its powers.
12
Note:
For variation and revocation, see subsection 33(3) of the Acts
13
Interpretation Act 1901.
14
(2) A direction under subsection (1) must be of a general nature only.
15
(3) The Performance Authority must comply with a direction under
16
subsection (1).
17
126 Performance Authority CEO not subject to direction by the
18
Performance Authority on certain matters
19
To avoid doubt, the Performance Authority CEO is not subject to
20
direction by the Performance Authority in relation to the
21
Performance Authority CEO's performance of functions, or
22
exercise of powers, under:
23
(a)
the
Financial Management and Accountability Act 1997; or
24
(b)
the
Public Service Act 1999;
25
in relation to the Performance Authority.
26
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127 Personal information--reports
1
Scope
2
(1) This section applies to a report prepared or published by the
3
Performance Authority in the performance of the Performance
4
Authority's functions.
5
Disclosure or use of personal information
6
(2) The report may contain personal information.
7
(3) The disclosure or use of personal information by, or by an official
8
of, the Performance Authority is taken to be authorised by law for
9
the purposes of the Privacy Act 1988 if the disclosure or use is for
10
the purposes of the preparation or publication of the report.
11
Chapter 4--Miscellaneous
12
13
14
128 Protection of patient confidentiality
15
Scope
16
(1) This section applies to each of the following bodies:
17
(a)
the
Commission;
18
(b)
the
Performance
Authority.
19
Protection of confidentiality
20
(2) In the performance of the body's functions, the body must not
21
publish or disseminate information that is likely to enable the
22
identification of a particular patient.
23
(3) Subsection (2) does not apply if the publication or dissemination of
24
the information takes place with the consent of:
25
(a) if the patient is aged at least 18 years--the patient; or
26
(b) if the patient has died but is survived by a person (the
27
surviving partner) who was:
28
(i) his or her partner immediately before he or she died;
29
and
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(ii) living with him or her immediately before he or she
1
died;
2
the surviving partner; or
3
(c) in any other case--an individual who, under the regulations,
4
is authorised to give consent to the publication or
5
dissemination of the information.
6
(4) For the purposes of paragraph (3)(b), a person is taken to have
7
been living with his or her partner at a particular time if they were
8
not living together at that time only because of:
9
(a) a temporary absence from each other; or
10
(b) illness or infirmity of either or both of them.
11
129 Concurrent operation of State and Territory laws etc.
12
This Act is not intended to exclude or limit the operation of a law
13
of a State or Territory that is capable of operating concurrently
14
with this Act.
15
130 Regulations
16
The Governor-General may make regulations prescribing matters:
17
(a) required or permitted by this Act to be prescribed; or
18
(b) necessary or convenient to be prescribed for carrying out or
19
giving effect to this Act.
20
21
Amendments Schedule 1
Transitional provisions Part 2
National Health Reform Amendment (National Health Performance Authority) Bill 2011 No.
, 2011 55
Part 2--Transitional provisions
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131 Appointment of Commission Board members
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(1) If:
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(a) in accordance with section 4 of the Acts Interpretation Act
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1901, a person was appointed as a Commission Board
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member before the commencement of this item; and
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(b) the appointment took effect at the commencement of this
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item;
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then, for the purposes of the application of subsection 20(3) of the
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National Health Reform Act 2011 to that appointment, the expressions
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private hospital and public hospital have, and are taken to have had,
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their ordinary meanings.
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(2)
Subitem (1) has effect despite section 5 of the National Health Reform
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Act 2011.
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132 Appointment of the Performance Authority CEO
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For the purposes of subsection 93(3) of the National Health Reform Act
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2011, if:
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(a) in accordance with section 4 of the Acts Interpretation Act
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1901, one or more persons were appointed as members of the
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Performance Authority before the commencement of this
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item; and
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(b) the appointments took effect at the commencement of this
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item; and
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(c) before the commencement of this item, the Minister
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consulted those persons about the appointment of the
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Performance Authority CEO;
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the Minister is taken to have consulted the Performance Authority about
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the appointment of the Performance Authority CEO.
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