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This is a Bill, not an Act. For current law, see the Acts databases.
Health Services Amendment (National
Health Reform Agreement) Bill 2012
No , 2012
A Bill for
An Act to amend the Health Services Act 1997 to make provision for health funding
arrangements under the National Health Reform Agreement.
Clause 1 Health Services Amendment (National Health Reform Agreement) Bill 2012
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Health Services Amendment (National Health Reform 3
Agreement) Act 2012. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
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Health Services Amendment (National Health Reform Agreement) Bill 2012
Amendment of Health Services Act 1997 No 154 Schedule 1
Schedule 1 Amendment of Health Services Act 1997 1
No 154 2
[1] Sections 4 (a) and (c1), 28 (f) and (g), 62B (1) and 126 (2) (a) and (d) and 3
clause 92 of Schedule 7 4
Omit "NHHN Agreement" wherever occurring. 5
Insert instead "National Health Reform Agreement". 6
[2] Section 126I 7
Insert before section 127: 8
126I Health funding arrangements under the National Health Reform 9
Agreement 10
Schedule 6A contains provisions relating to health funding 11
arrangements under the National Health Reform Agreement. 12
[3] Section 127 Determination of subsidies 13
Insert after section 127 (2): 14
(2A) In making a determination under this section, the Minister is also 15
to have regard to the National Health Reform Agreement. 16
[4] Section 127 (6) 17
Insert after section 127 (5): 18
(6) This section does not affect the operation of the provisions 19
relating to health funding arrangements under the National 20
Health Reform Agreement set out in Schedule 6A. 21
[5] Schedule 6A 22
Insert after Schedule 6: 23
Schedule 6A National Health Funding Pool and 24
Administration 25
Part 1 Preliminary 26
1 Interpretation 27
(1) In this Schedule: 28
Administrator means the Administrator of the National Health 29
Funding Pool appointed under clause 3 and under the 30
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Health Services Amendment (National Health Reform Agreement) Bill 2012
Schedule 1 Amendment of Health Services Act 1997 No 154
corresponding provision of the laws of the Commonwealth and 1
the other States. 2
COAG means the Council of Australian Governments. 3
local hospital network means an organisation that is a local 4
hospital network (however described) for the purposes of the 5
National Health Reform Agreement. 6
Note. In New South Wales, local health districts, specialty network 7
governed health corporations and affiliated health organisations 8
declared to be networks under section 62B of the Act are local hospital 9
networks for the purposes of the National Health Reform Agreement. 10
National Health Funding Pool means the combined State Pool 11
Accounts for each State. 12
National Health Reform Agreement means the National Health 13
Reform Agreement between the Commonwealth and the States 14
that was agreed to by COAG on 2 August 2011, as amended from 15
time to time. 16
responsible Minister for a jurisdiction means the relevant 17
Minister with portfolio responsibility for the administration of 18
the provision of this Schedule in which the expression occurs (or 19
of the corresponding provision of the laws of the Commonwealth 20
and the other States). 21
Note. See also clause 27. 22
Standing Council on Health means (subject to subclause (2)) the 23
Ministerial Council by that name or, if there is no such 24
Ministerial Council, the standing Ministerial Council established 25
or recognised by COAG whose members include all Ministers in 26
Australia having portfolio responsibility for health. 27
State includes the Australian Capital Territory and the Northern 28
Territory. 29
State Managed Fund of a State means a bank account or fund 30
established or designated by the State for the purposes of health 31
funding under the National Health Reform Agreement that is 32
required to be undertaken in the State through a State Managed 33
Fund. 34
State Pool Account of a State means the bank account 35
established by the State under Part 3 or under the corresponding 36
provisions of the law of another State. 37
Note. Function and exercise of a function are defined in the Dictionary 38
to the Act. 39
(2) The Standing Council on Health, when acting under this 40
Schedule, is to be constituted only by a single Minister for the 41
Commonwealth and a single Minister for each of the States, and 42
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Health Services Amendment (National Health Reform Agreement) Bill 2012
Amendment of Health Services Act 1997 No 154 Schedule 1
any reference in this Schedule to a member of that Council is to 1
be construed as a reference to those Ministerial members only. 2
(3) If there are 2 or more Ministers for the Commonwealth or for a 3
State who are members of the Standing Council on Health, the 4
relevant Minister for the purposes of this Schedule is the Minister 5
having primary portfolio responsibility for health in his or her 6
jurisdiction. 7
(4) A reference in this Schedule to the agreement of, or a request by, 8
a member of the Standing Council on Health is a reference to an 9
agreement or request in writing. 10
(5) This Schedule is to be interpreted in accordance with Schedule 7 11
to the Health Practitioner Regulation National Law (NSW) and, 12
for that purpose, Schedule 7 applies as if references to this Law 13
or a Queensland Act were references to this Schedule or an Act 14
of this jurisdiction, and with all other necessary modifications. 15
(6) The Interpretation Act 1987 does not apply to or in respect of this 16
Schedule. 17
Part 2 Administrator of the National Health 18
Funding Pool 19
2 The office of Administrator 20
(1) The office of Administrator of the National Health Funding Pool 21
is established by this Schedule. 22
(2) It is the intention of Parliament that the same individual holds the 23
office established under subclause (1) and under the 24
corresponding provision of the laws of the Commonwealth and 25
the other States. 26
(3) The Administrator appointed under this Schedule may exercise 27
and perform the functions of the Administrator in relation to: 28
(a) one jurisdiction, or 29
(b) 2 or more or all jurisdictions collectively. 30
(4) A reference in a provision of this Schedule (other than in 31
clause 8 (1) and Part 3) to a function of the Administrator under 32
this Schedule includes a reference to a function of the 33
Administrator under the corresponding provision of the laws of 34
the Commonwealth and the other States. 35
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Health Services Amendment (National Health Reform Agreement) Bill 2012
Schedule 1 Amendment of Health Services Act 1997 No 154
3 Appointment of Administrator 1
(1) The Minister for this jurisdiction who is a member of the 2
Standing Council on Health is to appoint an individual to the 3
office of the Administrator of the National Health Funding Pool 4
under this Schedule. 5
(2) Before the appointment is made, the Chair of the Standing 6
Council on Health is to give each member of the Council an 7
opportunity to nominate an individual for appointment. 8
(3) An appointment is not to be made unless all the members of the 9
Standing Council on Health have agreed on the individual who 10
will be appointed as Administrator, the date that the appointment 11
will take effect, the period of appointment and the conditions of 12
appointment. 13
(4) The appointment is to be made by instrument in writing. 14
(5) The Administrator is to be appointed (subject to subclause (3)) 15
for the period, not exceeding 5 years, and on the conditions 16
specified in his or her instrument of appointment, but is eligible 17
for re-appointment. 18
(6) The Administrator is entitled to the remuneration determined in 19
accordance with the law of the Commonwealth. 20
4 Suspension of Administrator 21
(1) The Chair of the Standing Council on Health is required to 22
suspend the Administrator from office if requested to do so by: 23
(a) at least 3 members of the Council who are Ministers of a 24
State, or 25
(b) the member of the Council who is a Minister of the 26
Commonwealth. 27
(2) A member of the Standing Council on Health is not to request the 28
suspension of the Administrator unless the member is satisfied 29
that the Administrator: 30
(a) is, because of any physical or mental incapacity or 31
otherwise, unable to perform his or her functions 32
satisfactorily, or 33
(b) has failed to comply with his or her obligations or duties as 34
Administrator, or 35
(c) has been accused or convicted of an offence that carries a 36
penalty of imprisonment, or 37
(d) has or may become bankrupt. 38
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Health Services Amendment (National Health Reform Agreement) Bill 2012
Amendment of Health Services Act 1997 No 154 Schedule 1
(3) A suspension is to be effected by an instrument in writing and is 1
to be notified by the Chair of the Standing Council on Health to 2
all members of the Council. 3
(4) A suspension is terminated after a period of suspension of 4
60 days unless before the end of that period the Administrator is 5
removed or resigns from office or a majority of the members of 6
the Standing Council on Health: 7
(a) terminate the suspension, or 8
(b) extend the suspension for a specified further period. 9
(5) Despite subclause (1), the Chair of the Standing Council on 10
Health is not to suspend the Administrator from office within the 11
period of 90 days after an earlier period of suspension was 12
terminated unless a majority of the members of the Council 13
request the Chair to do so. 14
5 Removal or resignation of Administrator 15
(1) The Minister for this jurisdiction who is a member of the 16
Standing Council on Health is required to remove the 17
Administrator from office if a majority of the members of the 18
Council agree to the Administrator's removal from office. 19
(2) The Administrator is to be removed from office by an instrument 20
in writing that takes effect on the date agreed to by the majority 21
of the members of the Standing Council on Health. 22
(3) The Administrator may resign as Administrator by notice in 23
writing to the Chair of the Standing Council on Health. 24
(4) The resignation of the Administrator takes effect on the date 25
notified by the Chair of the Standing Council on Health to all 26
members of the Council. 27
6 Acting Administrator 28
(1) The Chair of the Standing Council on Health may, from time to 29
time, appoint an individual to act as the Administrator during any 30
period when the office is vacant or the holder of the office is 31
suspended or absent from duty. 32
(2) Any such appointment may only be made from a panel of 33
persons, and in accordance with the procedure, agreed to by all 34
the members of the Standing Council on Health. 35
Note. The applied provisions of Schedule 7 to the Health Practitioner 36
Regulation National Law (NSW) (clause 27) contain additional 37
provisions relating to acting appointments that have effect subject to this 38
clause. 39
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Health Services Amendment (National Health Reform Agreement) Bill 2012
Schedule 1 Amendment of Health Services Act 1997 No 154
7 Provision of staff and facilities for Administrator 1
(1) Staff and facilities to assist the Administrator in exercising or 2
performing his or her functions under this Schedule are to be 3
provided by the National Health Funding Body constituted under 4
the National Health Reform Act 2011 of the Commonwealth. 5
(2) The Administrator is not entitled to delegate a function conferred 6
on the Administrator under this Schedule to that body, to any 7
such member of staff or to any other person or body. 8
8 Functions of Administrator 9
(1) The Administrator is: 10
(a) to calculate and advise the Treasurer of the 11
Commonwealth of the amounts required to be paid by the 12
Commonwealth into each State Pool Account of the 13
National Health Funding Pool under the National Health 14
Reform Agreement (including advice on any 15
reconciliation of those amounts based on subsequent 16
actual service delivery), and 17
(b) to monitor State payments into each State Pool Account 18
for the purposes of Part 4, and 19
(c) to make payments from each State Pool Account in 20
accordance with the directions of the State concerned, and 21
(d) to report publicly on the payments made into and from 22
each State Pool Account and other matters on which the 23
Administrator is required to report under this Schedule, 24
and 25
(e) to exercise or perform any other functions conferred on the 26
Administrator under this Schedule. 27
Note. The corresponding provisions of the laws of the Commonwealth 28
provide that the functions of the Administrator include monitoring 29
Commonwealth payments into each State Pool Account for the 30
purposes of Part 4. 31
(2) The Administrator and the body and staff assisting the 32
Administrator are not subject to the control or direction of any 33
Minister of the Commonwealth in relation to the exercise or 34
performance of the Administrator's functions under this 35
Schedule. 36
(3) However, the Administrator is required to comply with any 37
directions given by COAG in relation to the manner in which the 38
Administrator exercises or performs his or her functions under 39
this Schedule (including in relation to the preparation or 40
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Health Services Amendment (National Health Reform Agreement) Bill 2012
Amendment of Health Services Act 1997 No 154 Schedule 1
provision of annual or monthly reports, financial statements or 1
information under Part 4). 2
(4) Directions given by COAG under subclause (3): 3
(a) are to be given in accordance with a written resolution of 4
COAG passed in accordance with the procedures 5
determined by COAG, and 6
(b) are to be notified in writing to the Administrator, and 7
(c) are to be made publicly available by the Administrator. 8
(5) To avoid doubt, this Schedule is not intended: 9
(a) to give the Commonwealth ownership or control of money 10
in a State Pool Account, or 11
(b) to affect the obligation of the Administrator under the law 12
of a State to make payments from the State Pool Account 13
of the State in accordance with the directions of the State. 14
(6) To avoid doubt, the Administrator may have regard to 15
information obtained in the exercise or performance of functions 16
under the law of another jurisdiction in the exercise or 17
performance of the Administrator's functions under Part 4. 18
Part 3 State Pool Accounts--the National Health 19
Funding Pool 20
9 Establishment of State Pool Accounts with Reserve Bank 21
(1) The Director-General of the Ministry of Health is to open and 22
maintain with the Reserve Bank of Australia a separate State 23
bank account for the purpose of the National Health Reform 24
Agreement. 25
(2) The bank account is the State Pool Account established for the 26
State for the purposes of this Schedule. 27
(3) The State Pool Account is established as an account in the Special 28
Deposits Account. 29
(4) To avoid doubt, the State Pool Account and the money standing 30
to the credit of the Account are under the control of the 31
Director-General of the Ministry of Health for the purposes of the 32
application of relevant accounting standards. 33
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Health Services Amendment (National Health Reform Agreement) Bill 2012
Schedule 1 Amendment of Health Services Act 1997 No 154
10 Payments into State Pool Account 1
There is payable into the State Pool Account established for the 2
State: 3
(a) money paid to the State by the Commonwealth for 4
payment into the State Pool Account under the National 5
Health Reform Agreement, and 6
(b) money made available by the State for the purposes of 7
funding in the State through the State Pool Account under 8
the National Health Reform Agreement, and 9
(c) money paid to the State by another State for payment into 10
the State Pool Account under the National Health Reform 11
Agreement, and 12
(d) interest paid on money deposited in the State Pool 13
Account, unless directed to be paid into another bank 14
account by the responsible Minister for the State. 15
11 Payments from State Pool Account 16
(1) There is payable from the State Pool Account established for the 17
State amounts to fund the following in the State under the 18
National Health Reform Agreement (including through a State 19
Managed Fund): 20
(a) the services provided by local hospital networks, 21
(b) health teaching, training and research provided by local 22
hospital networks or other organisations, 23
(c) any other matter that under that Agreement is to be funded 24
through the National Health Funding Pool. 25
(2) Payments of amounts from the State Pool Account established for 26
the State are to be made by the Administrator strictly in 27
accordance with the directions of the responsible Minister for the 28
State, including on the amount of each payment, the party or 29
account to which it is to be paid and the timing of the payment. 30
(3) The Administrator is required to authorise personally each 31
payment made from the State Pool Account. 32
(4) The Administrator is, at the direction of the responsible Minister 33
for the State, to repay any money paid by the State into the State 34
Pool Account for the State that the responsible Minister is 35
satisfied constitutes an overpayment into that Account. 36
(5) This clause does not affect the payment from the State Pool 37
Account of charges imposed by the Reserve Bank of Australia for 38
the operation of that Account. 39
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Health Services Amendment (National Health Reform Agreement) Bill 2012
Amendment of Health Services Act 1997 No 154 Schedule 1
(6) This clause does not require the payment for services and matters 1
referred to in subclause (1) to be made only from the State Pool 2
Account. 3
(7) For the purposes of this clause, the funding of a local hospital 4
network includes the funding of another party on behalf of the 5
network for corporate or other services provided to the network 6
by that other party. 7
(8) If at any time when a payment from the State Pool Account is 8
required to be made there is no Administrator or the 9
Administrator is not available to make the payment at that time, 10
the payment from that Account may be made by an official of this 11
State who is directed by the responsible Minister for the State to 12
make the payment. 13
12 State Managed Funds 14
The Director-General of the Ministry of Health is to: 15
(a) open and maintain a separate bank account, or 16
(b) establish and maintain a separate fund, or 17
(c) designate an existing bank account or fund, 18
as the State Managed Fund for the State for the purposes of health 19
funding under the National Health Reform Agreement. 20
13 Distribution of Commonwealth funding 21
(1) Directions by the responsible Minister for the State to the 22
Administrator for payments from the State Pool Account are, in 23
relation to the distribution of Commonwealth funding provided 24
to the State under the National Health Reform Agreement, to be 25
consistent with the advice provided by the Administrator to the 26
Treasurer of the Commonwealth about the basis on which the 27
Administrator has calculated the payments to be made into that 28
Account by the Commonwealth. 29
(2) This clause does not affect the obligation of the Administrator to 30
make payments from the State Pool Account strictly in 31
accordance with the directions of the responsible Minister for the 32
State. 33
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Health Services Amendment (National Health Reform Agreement) Bill 2012
Schedule 1 Amendment of Health Services Act 1997 No 154
Part 4 Financial management and reporting 1
14 Financial management obligations of Administrator 2
The Administrator must: 3
(a) develop and apply appropriate financial management 4
policies and procedures with respect to the State Pool 5
Accounts (including policies and procedures to ensure 6
payments from those Accounts are made in accordance 7
with the directions of the responsible Ministers), and 8
(b) keep proper records in relation to the administration of the 9
State Pool Accounts, including records of all payments 10
made into and from those Accounts and the basis on which 11
the payments were made, and 12
(c) prepare the financial statements required by this Part in 13
relation to the State Pool Accounts and arrange for the 14
audit of those financial statements in accordance with this 15
Part. 16
15 Monthly reports by Administrator 17
(1) The Administrator must provide monthly reports to the 18
Commonwealth and each State containing the following 19
information for the relevant month: 20
(a) the amounts paid into each State Pool Account and State 21
Managed Fund by the relevant State and the basis on which 22
the payments were made, 23
(b) the amounts paid into each State Pool Account by the 24
Commonwealth and the basis on which the payments were 25
made, 26
(c) the amounts paid from each State Pool Account to local 27
hospital networks, a State Managed Fund or other 28
organisations or funds and the basis on which the 29
payments were made, 30
(d) the amounts paid from each State Managed Fund to local 31
hospital networks or other organisations or funds and the 32
basis on which the payments were made, 33
(e) the number of public hospital services funded for each 34
local hospital network (including a running financial year 35
total) in accordance with the system of activity based 36
funding, 37
(f) the number of other public hospital services and functions 38
funded from each State Pool Account or State Managed 39
Fund (including a running financial year total). 40
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Health Services Amendment (National Health Reform Agreement) Bill 2012
Amendment of Health Services Act 1997 No 154 Schedule 1
(2) A monthly report required to be provided to a jurisdiction under 1
this clause is to be provided to the responsible Minister for that 2
jurisdiction or to a body or officer notified to the Administrator 3
by that Minister. 4
(3) The Administrator is to make reports provided under this clause 5
publicly available. 6
16 Annual report by Administrator 7
(1) The Administrator must, within 4 months after the end of each 8
financial year, provide to the responsible Ministers an annual 9
report on the exercise or performance of his or her functions 10
under this Schedule during the financial year. 11
(2) The annual report must include the following information for the 12
relevant financial year: 13
(a) the amounts paid into each State Pool Account and State 14
Managed Fund by the relevant State and the basis on which 15
the payments were made, 16
(b) the amounts paid into each State Pool Account by the 17
Commonwealth and the basis on which the payments were 18
made, 19
(c) the amounts paid from each State Pool Account to local 20
hospital networks, a State Managed Fund or other 21
organisations or funds and the basis on which the 22
payments were made, 23
(d) the amounts paid from each State Managed Fund to local 24
hospital networks or other organisations or funds and the 25
basis on which the payments were made, 26
(e) the number of public hospital services funded for each 27
local hospital network in accordance with the system of 28
activity based funding, 29
(f) the number of other public hospital services and functions 30
funded from each State Pool Account or State Managed 31
Fund. 32
(3) The annual report is to be accompanied by: 33
(a) an audited financial statement for each State Pool Account, 34
and 35
(b) a financial statement that combines the audited financial 36
statements for each State Pool Account. 37
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Health Services Amendment (National Health Reform Agreement) Bill 2012
Schedule 1 Amendment of Health Services Act 1997 No 154
(4) A responsible Minister must, as soon as practicable after 1
receiving an annual report under this clause, cause a copy of the 2
report to be tabled in the Parliament of the responsible Minister's 3
jurisdiction. 4
17 Administrator to prepare financial statements for State Pool 5
Accounts 6
The Administrator must, after each financial year, prepare: 7
(a) a financial statement for each State Pool Account that 8
details financial transactions during that financial year, 9
and 10
(b) a combined financial statement that consists of the 11
financial statements for each State Pool Account for the 12
financial year. 13
18 Audit of financial statements 14
A financial statement under this Part for the State Pool Account 15
of a State is to be audited by the Auditor-General of that State in 16
accordance with the relevant legislation of that State relating to 17
financial audit by the Auditor-General. 18
19 Performance audits 19
(1) For the purposes of this clause, a performance audit is an audit 20
by the Auditor-General of a jurisdiction of the exercise or 21
performance of the functions of the Administrator in relation to 22
that jurisdiction to determine whether the Administrator is acting 23
effectively, economically, efficiently and in compliance with all 24
relevant laws. 25
(2) Before the Auditor-General of this jurisdiction conducts a 26
performance audit, the Auditor-General must notify the 27
Auditors-General of all other jurisdictions of his or her intention 28
to conduct the proposed audit. 29
(3) Auditors-General who are conducting performance audits at the 30
same time are to make arrangements to co-ordinate the conduct 31
of those audits in relation to any requirements imposed on the 32
Administrator. 33
(4) A performance audit is to be conducted by the Auditor-General 34
of this jurisdiction in accordance with the laws of this jurisdiction 35
relating to the exercise or performance of the functions of the 36
Auditor-General. 37
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Health Services Amendment (National Health Reform Agreement) Bill 2012
Amendment of Health Services Act 1997 No 154 Schedule 1
20 States to provide Administrator with information about State 1
Managed Funds 2
(1) The responsible Minister for a State is to provide information to 3
the Administrator about any of the following matters relating to 4
the State Managed Fund of the State that the Administrator 5
requires for the preparation of reports and financial statements 6
under this Part: 7
(a) the amounts paid by the State into the State Managed Fund 8
and the basis on which the payments were made, 9
(b) the amounts paid by the State from the State Managed 10
Fund to local hospital networks or other organisations or 11
funds and the basis on which the payments were made, 12
(c) public hospital services and functions that are funded from 13
the State Managed Fund. 14
(2) The information is to be provided by the time requested by the 15
Administrator. 16
21 Provision of information generally 17
(1) The Administrator is required to provide to the responsible 18
Minister for a jurisdiction any information requested by that 19
Minister that relates to that jurisdiction. 20
(2) The information is to be provided by the time requested by that 21
responsible Minister. 22
(3) The Administrator is required to provide to the responsible 23
Ministers of all jurisdictions a copy of advice provided by the 24
Administrator to the Treasurer of the Commonwealth about the 25
basis on which the Administrator has calculated the payments to 26
be made into State Pool Accounts by the Commonwealth. 27
(4) The Administrator may at any time provide any information that 28
relates to a jurisdiction to the responsible Minister for that 29
jurisdiction. 30
(5) Any information relating to a jurisdiction that is provided by the 31
Administrator to another jurisdiction may only be publicly 32
released by that other jurisdiction in accordance with 33
arrangements approved by the responsible Minister for the 34
jurisdiction to which the information relates. 35
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Health Services Amendment (National Health Reform Agreement) Bill 2012
Schedule 1 Amendment of Health Services Act 1997 No 154
Part 5 Miscellaneous 1
22 Exclusion of legislation of this jurisdiction 2
The following Acts of this jurisdiction do not apply to or in 3
respect of the Administrator or any function exercised or 4
performed by the Administrator: 5
(a) the Government Information (Public Access) Act 2009, 6
(b) the Health Records and Information Privacy Act 2002, 7
(c) the Ombudsman Act 1974, 8
(d) the Privacy and Personal Information Protection 9
Act 1998, 10
(e) the Public Finance and Audit Act 1983, 11
(f) the State Records Act 1998. 12
23 Application of Commonwealth Acts 13
(1) The following Acts apply (subject to subclause (2)) as laws of 14
this jurisdiction to or in respect of the Administrator and any 15
function exercised or performed by the Administrator: 16
(a) the Archives Act 1983 of the Commonwealth, 17
(b) the Australian Information Commissioner Act 2010 of the 18
Commonwealth, 19
(c) the Freedom of Information Act 1982 of the 20
Commonwealth, 21
(d) the Ombudsman Act 1976 of the Commonwealth, 22
(e) the Privacy Act 1988 of the Commonwealth. 23
(2) Each of those Acts so applies subject to the modifications made 24
by regulations made under the National Health Reform Act 2011 25
of the Commonwealth with the agreement of all the members of 26
the Standing Council on Health. 27
(3) Until regulations referred to in subclause (2) are made, 28
subclause (1) does not have effect and instead the legislation 29
referred to in clause 22 (a)-(d) and (f) applies to or in respect of 30
the Administrator and any function exercised or performed by the 31
Administrator. 32
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Health Services Amendment (National Health Reform Agreement) Bill 2012
Amendment of Health Services Act 1997 No 154 Schedule 1
24 Extraterritorial operation of Act 1
It is the intention of Parliament that the operation of this Schedule 2
is to include, as far as possible, operation in relation to the 3
following: 4
(a) things situated in or outside the territorial limits of this 5
jurisdiction, 6
(b) acts, transactions and matters done, entered into or 7
occurring in or outside the territorial limits of this 8
jurisdiction, 9
(c) things, acts, transactions and matters (wherever situated, 10
done, entered into or occurring) that would, apart from this 11
Schedule, be governed or otherwise affected by the law of 12
another jurisdiction. 13
25 Schedule to bind Crown 14
This Schedule binds the Crown in right of New South Wales and, 15
in so far as the legislative power of the Parliament of New South 16
Wales permits, the Crown in all its other capacities. 17
26 Delegation of functions of responsible Minister 18
(1) The responsible Minister for this State may delegate to an 19
authority or officer of the State the responsible Minister's 20
functions under this Schedule. 21
(2) This clause does not apply to the functions of a Minister under 22
Part 2. 23
27 Transitional and validation provisions 24
(1) If, on the commencement of this Schedule, corresponding 25
provisions to this Schedule have not been enacted by another 26
jurisdiction, the responsible Minister for that jurisdiction for the 27
purposes of this Schedule is the Minister of that jurisdiction with 28
portfolio responsibility for health. 29
(2) Any thing done by a Minister of the Commonwealth or of a State 30
before the commencement of this Schedule that would have been 31
validly done if this Schedule, and the corresponding provisions of 32
other jurisdictions, had been in force at the time is taken to have 33
been validly done. 34
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Health Services Amendment (National Health Reform Agreement) Bill 2012
Schedule 1 Amendment of Health Services Act 1997 No 154
[6] Dictionary 1
Omit the definition of NHHN Agreement from Part 1. 2
Insert in alphabetical order: 3
National Health Reform Agreement has the same meaning as it 4
has in Schedule 6A and includes any agreement that replaces or 5
supersedes that Agreement. 6
Page 18
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