Queensland Numbered Acts Queensland Numbered ActsAfter part 3—
insert—
'The main purpose of this part is to enhance the accountability and transparency of the funding of public sector hospitals, other public sector health services, and teaching, training and research related to the provision of health services.
'The chief executive is to establish an account with the Reserve Bank of Australia to be called the State pool account.
'(1) The following must be paid into the State pool account—
(a) all activity-based funding allocated from State funds for the provision of hospital services under the National Health Reform Agreement;
(b) all funding received from the Commonwealth for the provision of hospital and other health services under the National Health Reform Agreement.
'(2) The following may be paid into the State pool account—
(a) exceptional payments for the provision of health services decided by the chief executive;
(b) interest earned on the account.
'(3) The amounts paid into the State pool account may include adjustments—
(a) to reflect the difference between estimated and actual services provided; and
(b) for other funding reconciliations under the National Health Reform Agreement.
'(4) In this section—
health services also includes teaching, training and research related to the provision of health services.
'(1) The payment of funds from the State pool account, including the timing of the payments, is to be made only by the administrator at the direction of the Minister.
'(2) The administrator is required to authorise personally each payment made from the State pool account.
'(3) Payments from the State pool account are to be made only to—
(a) Hospital and Health Services and other providers of hospital and other health services; or
(b) the State managed fund; or
(c) an account in the department other than the State pool account or the State managed fund.
'(4) A direction made by the Minister to the administrator for the payment of funds from the State pool account is to be consistent with—
(a) the purpose for which the funding was paid into the account; and
(b) the National Health Reform Agreement; and
(c) advice provided by the administrator about the basis on which the administrator has calculated payments into the account by the Commonwealth; and
(d) any relevant service agreement between the chief executive and a Service.
'(5) This section does not prevent the Minister from directing the administrator to pay funds—
(a) to reflect the difference between estimated and actual services provided; or
(b) for other funding reconciliations under the National Health Reform Agreement; or
(c) to correct any error in payments out of the State pool account; or
(d) to pay fees associated with maintaining the State pool account, including financial institution fees and audit fees; or
(e) for interest earned on the State pool account, for any purpose decided by the Treasurer; or
(f) to the department for the provision of support services to Services.
'The chief executive may pay funds from the State pool account at the direction of the Minister as if the chief executive were the administrator—
(a) if there is no administrator or acting administrator appointed under this Act; or
(b) the administrator is not available to make the payment.
'The chief executive is to establish an account with a financial institution to be called the State managed fund.
'(1) The following must be paid into the State managed fund—
(a) block funding allocated by the State, or paid from the State pool account, for the provision of hospital and other health services under the National Health Reform Agreement;
(b) funding for teaching, training and research related to the provision of health services allocated by the State, or paid from the State pool account, under the National Health Reform Agreement.
'(2) Exceptional payments for the provision of health services decided by the chief executive may be paid into the State managed fund.
'(3) The amounts paid into the State managed fund may include adjustments—
(a) to reflect the difference between estimated and actual services provided; and
(b) for other funding reconciliations under the National Health Reform Agreement.
'(4) In this section—
block funding means funding for public patient services that are not appropriately funded through activity-based funding but does not include top-up funding provided by the Commonwealth under the National Health Reform Agreement.
'(1) Payments of funds from the State managed fund, including the timing of the payments, are to be decided by the chief executive.
'(2) Payments from the State managed fund are to be made only to—
(a) Hospital and Health Services and other providers of hospital and other health services; and
(b) universities and other providers of teaching, training and research related to the provision of health services.
'(3) Payment of funds from the State managed fund is to be consistent with—
(a) the purpose for which the funding was paid into the fund; and
(b) the National Health Reform Agreement; and
(c) any relevant service agreement between the chief executive and a Service.
'(4) This section does not prevent the chief executive from paying amounts from the State managed fund—
(a) to reflect the difference between estimated and actual services provided; or
(b) for other funding reconciliations under the National Health Reform Agreement; or
(c) to correct any error in payments out of the fund; or
(d) to pay fees associated with maintaining the fund, including financial institution fees and audit fees; or
(e) to another account in the department for the provision of support services to Services.
'(1) In this division—
administrator means the administrator of the National Health Funding Pool appointed under section 53K and under the corresponding provision of the laws of the Commonwealth and the other States.
COAG means the Council of Australian Governments.
function includes a power, authority or duty.
Hospital and Health Service—
(a) for Queensland, means a Hospital and Health Service established under section 17; or
(b) for another State, means an organisation that is a local hospital network (however described) for the purposes of the National Health Reform Agreement.
National Health Funding Pool means the combined State pool accounts for each State.
National Health Reform Agreement means the National Health Reform Agreement between the Commonwealth and the States that was agreed to by COAG on 2 August 2011, as amended from time to time.
responsible Minister for a jurisdiction means the relevant Minister with portfolio responsibility for the administration of the provision of this division in which the expression occurs (or of the corresponding provision of the laws of the Commonwealth and the other States).
Note—
see also section 53ZB
Standing Council on Health means (subject to subsection (2)) the Ministerial Council by that name or, if there is no such Ministerial Council, the standing Ministerial Council established or recognised by COAG whose members include all Ministers in Australia having portfolio responsibility for health.
State includes the Australian Capital Territory and the Northern Territory.
State managed fund of a State means a bank account or fund established or designated by the State for the purposes of health funding under the National Health Reform Agreement that is required to be undertaken in the State through a State managed fund.
State pool account of a State means the bank account established by the State under section 53B or under the corresponding provisions of the law of another State.
'(2) The Standing Council on Health, when acting under this division, is to be constituted only by a single Minister for the Commonwealth and a single Minister for each of the States, and any reference in this division to a member of that Council is to be construed as a reference to those Ministerial members only.
'(3) If there are 2 or more Ministers for the Commonwealth or for a State who are members of the Standing Council on Health, the relevant Minister for the purposes of this division is the Minister having primary portfolio responsibility for health in his or her jurisdiction.
'(4) A reference in this division to the agreement of, or a request by, a member of the Standing Council on Health is a reference to an agreement or request in writing.
'(5) This division is to be interpreted in accordance with Schedule 7 to the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009.
'(6) The Acts Interpretation Act 1954 does not apply to or in respect of this division.
'(1) The office of administrator of the National Health Funding Pool is established by this division.
'(2) It is the intention of Parliament that the same individual holds the office established under subsection (1) and under the corresponding provision of the laws of the Commonwealth and the other States.
'(3) The administrator appointed under this division may exercise and perform the functions of the administrator in relation to—
(a) one jurisdiction; or
(b) 2 or more or all jurisdictions collectively.
'(4) A reference in a provision of this division (other than in section 53P(1)) to a function of the administrator under this division includes a reference to a function of the administrator under the corresponding provision of the laws of the Commonwealth and the other States.
'(1) The Minister for this jurisdiction who is a member of the Standing Council on Health is to appoint an individual to the office of the administrator of the National Health Funding Pool under this division.
'(2) Before the appointment is made, the Chair of the Standing Council on Health is to give each member of the Council an opportunity to nominate an individual for appointment.
'(3) An appointment is not to be made unless all the members of the Standing Council on Health have agreed on the individual who will be appointed as administrator, the date that the appointment will take effect, the period of appointment and the conditions of appointment.
'(4) The appointment is to be made by instrument in writing.
'(5) The administrator is to be appointed (subject to subsection (3)) for the period, not exceeding 5 years, and on the conditions specified in his or her instrument of appointment, but is eligible for re-appointment.
'(6) The administrator is entitled to the remuneration determined in accordance with the law of the Commonwealth.
'(1) The Chair of the Standing Council on Health is required to suspend the administrator from office if requested to do so by—
(a) at least 3 members of the Council who are Ministers of a State; or
(b) the member of the Council who is a Minister of the Commonwealth.
'(2) A member of the Standing Council on Health is not to request the suspension of the administrator unless the member is satisfied that the administrator—
(a) is, because of any physical or mental incapacity or otherwise, unable to perform his or her functions satisfactorily; or
(b) has failed to comply with his or her obligations or duties as administrator; or
(c) has been accused or convicted of an offence that carries a penalty of imprisonment; or
(d) has or may become bankrupt.
'(3) A suspension is to be effected by an instrument in writing and is to be notified by the Chair of the Standing Council on Health to all members of the Council.
'(4) A suspension is terminated after a period of suspension of 60 days unless before the end of that period the administrator is removed or resigns from office or a majority of the members of the Standing Council on Health—
(a) terminate the suspension; or
(b) extend the suspension for a specified further period.
'(5) Despite subsection (1), the Chair of the Standing Council on Health is not to suspend the administrator from office within the period of 90 days after an earlier period of suspension was terminated unless a majority of the members of the Council request the Chair to do so.
'(1) The Minister for this jurisdiction who is a member of the Standing Council on Health is required to remove the administrator from office if a majority of the members of the Council agree to the administrator's removal from office.
'(2) The administrator is to be removed from office by an instrument in writing that takes effect on the date agreed to by the majority of the members of the Standing Council on Health.
'(3) The administrator may resign as administrator by notice in writing to the Chair of the Standing Council on Health.
'(4) The resignation of the administrator takes effect on the date notified by the Chair of the Standing Council on Health to all members of the Council.
'(1) The Chair of the Standing Council on Health may, from time to time, appoint an individual to act as the administrator during any period when the office is vacant or the holder of the office is suspended or absent from duty.
'(2) Any such appointment may only be made from a panel of persons, and in accordance with the procedure, agreed to by all the members of the Standing Council on Health.
'(1) Staff and facilities to assist the administrator in exercising or performing his or her functions under this division are to be provided by the National Health Funding Body constituted under the National Health Reform Act 2011 of the Commonwealth.
'(2) The administrator is not entitled to delegate a function conferred on the administrator under this division to that body, to any such member of staff or to any other person or body.
'(1) The administrator is—
(a) to calculate and advise the Treasurer of the Commonwealth of the amounts required to be paid by the Commonwealth into each State pool account of the National Health Funding Pool under the National Health Reform Agreement (including advice on any reconciliation of those amounts based on subsequent actual service delivery); and
(b) to monitor State payments into each State pool account for the purposes of subdivision 3; and
(c) to make payments from each State pool account in accordance with the directions of the State concerned; and
(d) to report publicly on the payments made into and from each State pool account and other matters on which the administrator is required to report under this division; and
(e) to exercise or perform any other functions conferred on the administrator under this division.
Note—
The National Health Reform Act 2011 (Cwlth) provides that the functions of the administrator include monitoring Commonwealth payments into each State pool account for the purposes of financial management and reporting.
'(2) The administrator and the body and staff assisting the administrator are not subject to the control or direction of any Minister of the Commonwealth in relation to the exercise or performance of the administrator's functions under this division.
'(3) However, the administrator is required to comply with any directions given by COAG in relation to the manner in which the administrator exercises or performs his or her functions under this division (including in relation to the preparation or provision of annual or monthly reports, financial statements or information under subdivision 3).
'(4) Directions given by COAG under subsection (3)—
(a) are to be given in accordance with a written resolution of COAG passed in accordance with the procedures determined by COAG; and
(b) are to be notified in writing to the administrator; and
(c) are to be made publicly available by the administrator.
'(5) To avoid doubt, this division is not intended—
(a) to give the Commonwealth ownership or control of money in a State pool account; or
(b) to affect the obligation of the administrator under the law of a State to make payments from the State pool account of the State in accordance with the directions of the State.
'(6) To avoid doubt, the administrator may have regard to information obtained in the exercise or performance of functions under the law of another jurisdiction in the exercise or performance of the administrator's functions under subdivision 3.
'The administrator must—
(a) develop and apply appropriate financial management policies and procedures with respect to the State pool accounts (including policies and procedures to ensure payments from those accounts are made in accordance with the directions of the responsible Ministers); and
(b) keep proper records in relation to the administration of the State pool accounts, including records of all payments made into and from those accounts and the basis on which the payments were made; and
(c) prepare the financial statements required by this subdivision in relation to the State pool accounts and arrange for the audit of those financial statements in accordance with this subdivision.
'(1) The administrator must provide monthly reports to the Commonwealth and each State containing the following information for the relevant month—
(a) the amounts paid into each State pool account and State managed fund by the relevant State and the basis on which the payments were made;
(b) the amounts paid into each State pool account by the Commonwealth and the basis on which the payments were made;
(c) the amounts paid from each State pool account to Hospital and Health Services, a State managed fund or other organisations or funds and the basis on which the payments were made;
(d) the amounts paid from each State managed fund to Hospital and Health Services or other organisations or funds and the basis on which the payments were made;
(e) the number of public hospital services funded for each Hospital and Health Service (including a running financial year total) in accordance with the system of activity-based funding;
(f) the number of other public hospital services and functions funded from each State pool account or State managed fund (including a running financial year total).
'(2) A monthly report required to be provided to a jurisdiction under this section is to be provided to the responsible Minister for that jurisdiction or to a body or officer notified to the administrator by that Minister.
'(3) The administrator is to make reports provided under this section publicly available.
'(1) The administrator must, within 4 months after the end of each financial year, provide to the responsible Ministers an annual report on the exercise or performance of his or her functions under this division during the financial year.
'(2) The annual report must include the following information for the relevant financial year—
(a) the amounts paid into each State pool account and State managed fund by the relevant State and the basis on which the payments were made;
(b) the amounts paid into each State pool account by the Commonwealth and the basis on which the payments were made;
(c) the amounts paid from each State pool account to Hospital and Health Services, a State managed fund or other organisations or funds and the basis on which the payments were made;
(d) the amounts paid from each State managed fund to Hospital and Health Services or other organisations or funds and the basis on which the payments were made;
(e) the number of public hospital services funded for each Hospital and Health Service in accordance with the system of activity-based funding;
(f) the number of other public hospital services and functions funded from each State pool account or State managed fund.
'(3) The annual report is to be accompanied by—
(a) an audited financial statement for each State pool account; and
(b) a financial statement that combines the audited financial statements for each State pool account.
'(4) A responsible Minister must, as soon as practicable after receiving an annual report under this section, cause a copy of the report to be tabled in the Parliament of the responsible Minister's jurisdiction.
'The administrator must, after each financial year, prepare—
(a) a financial statement for each State pool account that details financial transactions during that financial year; and
(b) a combined financial statement that consists of the financial statements for each State pool account for the financial year.
'(1) The auditor-general must, for each financial year—
(a) audit the financial statements under this subdivision for the State pool account established under section 53B; and
(b) prepare an auditor's report about the financial statements.
'(2) As soon as practicable after the auditor-general has audited the financial statements and prepared an auditor's report, the auditor-general must—
(a) give the certified statements and the auditor's report to the chief executive; and
(b) give a copy of the certified statements and the auditor's report to the administrator, the Minister and the Treasurer.
'(3) The Auditor-General Act 2009 applies to an audit under this section as if it were conducted under that Act.
'(4) Without limiting subsection (3)—
(a) the auditor-general has the same powers the auditor-general has in relation to an audit of the consolidated fund or an entity under the Auditor-General Act 2009; and
(b) the Auditor-General Act 2009, section 53 applies to a record made, or information divulged or communicated, in relation to an audit under this section as if it were a record made, or information divulged or communicated, under that Act.
'(1) This section applies to all or any particular activities of the administrator that relate to Queensland.
'(2) The auditor-general may conduct a performance audit, under the Auditor-General Act 2009, section 37A, of all or any of the particular activities of the administrator as if the administrator were a public sector entity under that Act.
'(3) Before the auditor-general of this jurisdiction conducts a performance audit, the auditor-general must notify the Auditors-General of all other jurisdictions of his or her intention to conduct the proposed audit.
'(4) Auditors-General who are conducting performance audits at the same time are to make arrangements to coordinate the conduct of those audits in relation to any requirements imposed on the administrator.
'The responsible Minister for a State is to provide information to the administrator about any of the following matters relating to the State managed fund of the State that the administrator requires for the preparation of reports and financial statements under this subdivision—
(a) the amounts paid by the State into the State managed fund and the basis on which the payments were made;
(b) the amounts paid by the State from the State managed fund to Hospital and Health Services or other organisations or funds and the basis on which the payments were made;
(c) public hospital services and functions that are funded from the State managed fund.
'(1) The administrator is required to provide to the responsible Minister for a jurisdiction any information requested by that responsible Minister that relates to that jurisdiction.
'(2) The information is to be provided by the time requested by that responsible Minister.
'(3) The administrator is required to provide to the responsible Ministers of all jurisdictions a copy of advice provided by the administrator to the Treasurer of the Commonwealth about the basis on which the administrator has calculated the payments to be made into State pool accounts by the Commonwealth.
'(4) The administrator may at any time provide any information that relates to a jurisdiction to the responsible Minister for that jurisdiction.
'(5) Any information relating to a jurisdiction that is provided by the administrator to another jurisdiction may only be publicly released by that other jurisdiction in accordance with arrangements approved by the responsible Minister for the jurisdiction to which the information relates.
'(1) The administrator is a unit of public administration under the Crime and Misconduct Act 2001.
'(2) The following Acts do not apply to the administrator in performing a function under this Act—
(a) the Information Privacy Act 2009;
(b) the Ombudsman Act 2001;
(c) the Right to Information Act 2009;
(d) the Public Records Act 2002.
'(3) To remove doubt, it is declared that the administrator is not a statutory body for—
(a) the Statutory Bodies Financial Arrangements Act 1982; or
(b) the Financial Accountability Act 2009
(1) The following Acts apply (subject to subsection (2)) as laws of this jurisdiction to or in respect of the administrator and any function exercised or performed by the administrator—
(a) the Archives Act 1983 of the Commonwealth;
(b) the Australian Information Commissioner Act 2010 of the Commonwealth;
(c) the Freedom of Information Act 1982 of the Commonwealth;
(d) the Ombudsman Act 1976 of the Commonwealth;
(e) the Privacy Act 1988 of the Commonwealth.
(2) Each of those Acts so applies subject to the modifications made by Regulations made under the National Health Reform Act 2011 of the Commonwealth with the agreement of all the members of the Standing Council on Health.
'It is the intention of Parliament that the operation of this division is to include, as far as possible, operation in relation to the following—
(a) things situated in or outside the territorial limits of this jurisdiction;
(b) acts, transactions and matters done, entered into or occurring in or outside the territorial limits of this jurisdiction;
(c) things, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this division, be governed or otherwise affected by the law of another jurisdiction.
'(1) If, on the commencement of this division, corresponding provisions to this division have not been enacted by another jurisdiction, the responsible Minister for that jurisdiction for the purposes of this division is the Minister of that jurisdiction with portfolio responsibility for health.
'(2) Any thing done by a Minister of the Commonwealth or of a State before the commencement of this division that would have been validly done if this division, and the corresponding provisions of other jurisdictions, had been in force at the time is taken to have been validly done.'.