Commonwealth Numbered Acts

HOSPITALS AND HEALTH SERVICES COMMISSION ACT 1973 No. 211 of 1973 - SECT 5

5. (1) The functions of the Commission are-

   (a)  to make recommendations to the Minister in relation to the provision
        of health services by the Department of Health;

   (b)  to ascertain the health care needs of the Australian community and to
        make recommendations to the Minister in respect of those needs,
        including recommendations in relation to-

        (i)    health care delivery systems;

        (ii)   the moneys to be provided by Australia and the Commission for
               the purposes of the provision, development and maintenance of
               health care delivery systems;

        (iii)  the education and training of persons involved or to be
               involved in health care;

        (iv)   the accreditation of methods of providing health services; and

        (v)    financial assistance to be made available by Australia to
               State, Territory, regional, local government, charitable and
               other organizations, and to other persons, involved in health
               care or in research relating to health care;

   (c)  with the approval of the Minister, to make grants, upon such
        conditions, if any, as the Commission determines, of financial
        assistance out of the moneys of the Commission to organizations and
        persons of a kind referred to in sub-paragraph (b) (v);

   (d)  to investigate means of securing and, with the approval of the
        Minister, to arrange for, the representation of Australia or the
        Commission on State, Territory, regional and local government
        organizations involved in health care;

   (e)  to promote and take part in planning in relation to health services,
        including planning to achieve-

        (i)    the organization of health services on a regional basis;

        (ii)   comprehensive community health services;

        (iii)  high quality in the provision of health services;

        (iv)   the co-ordination of health services;

        (v)    the avoidance of any unnecessary duplication in
               health services; and

        (vi)   efficiency in health services;

   (f)  to promote the provision of adequate health services, including-

        (i)    information and education services for the preservation of
               health;

        (ii)   services for the prevention of illness;

        (iii)  diagnostic, treatment and rehabilitation services; and

        (iv)   domiciliary health care services;

   (g)  to keep health care delivery systems under constant review and to
        recommend to the States and to organizations and other persons
        concerned with those systems changes or modifications in those
        systems; and

   (h)  such other functions in relation to health care as the Minister
        approves.

(2) The Commission shall perform its functions in accordance with the
principle that a high standard of health care is one of the fundamental rights
of every Australian without distinction on grounds of race, creed, political
opinion or economic or social condition.

(3) The Commission shall perform its functions in accordance with any
directions given by the Minister and shall furnish the Minister with such
reports as he requires.

(4) An organization or person may accept a grant made under paragraph (1) (c)
by way of or for the purposes of pharmaceutical, sickness or hospital benefits
or the provision of medical or dental services, and may give effect to any
condition subject to which the grant is made, notwithstanding anything
contained in a law of a State.

(5) The Minister before giving his approval to the Commission to make grants
under paragraph (1) (c) to a State organization or to an organization or
persons in a State, other than an Authority or instrumentality of Australia,
shall request the appropriate Minister of that State to consult with him
concerning the matter and, if that Minister does so consult with him, have
regard to the view expressed by that Minister.