South Australian Numbered Acts

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NATIONAL HEALTH FUNDING POOL ADMINISTRATION (SOUTH AUSTRALIA) ACT 2012 (NO 30 OF 2012) - SECT 3

3—Interpretation

        (1)         In this Act, unless the contrary intention appears—

"Administrator" means the Administrator of the National Health Funding Pool appointed under section 7 and under the corresponding provision of the laws of the Commonwealth and the other States;

"COAG" means the Council of Australian Governments;

"Department" means the administrative unit of the Public Service that is, under the Minister, responsible for the administration of this Act;

"function" includes a power, authority or duty;

"local hospital network" means an organisation that is a local hospital network (however described) for the purposes of the National Health Reform Agreement;

"National Health Funding Pool" means the combined State Pool Accounts for each State;

"National Health Reform Agreement" means the National Health Reform Agreement between the Commonwealth and the States that was agreed to by COAG on 2 August 2011, as amended from time to time;

"responsible Minister" for a jurisdiction means the relevant Minister with portfolio responsibility for the administration of the provision of this Act in which the expression occurs (or of the corresponding provision of the laws of the Commonwealth and the other States);

"Service Agreement" means a Service Agreement under section 31;

"Standing Council on Health" means (subject to subsection (2)) the Ministerial Council by that name or, if there is no such Ministerial Council, the standing Ministerial Council established or recognised by COAG whose members include all Ministers in Australia having portfolio responsibility for health;

"State" includes the Australian Capital Territory and the Northern Territory;

"State Managed Fund" of a State means a 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 Part 3 or under the corresponding provisions of the law of another State.

        (2)         The Standing Council on Health, when acting under this Act, is to be constituted only by a single Minister for the Commonwealth and a single Minister for each of the States, and any reference in this Act to a member of that Council is to be construed as a reference to those Ministerial members only.

        (3)         If there are 2 or more Ministers for the Commonwealth or for a State who are members of the Standing Council on Health, the relevant Minister for the purposes of this Act is the Minister having primary portfolio responsibility for health in his or her jurisdiction.

        (4)         A reference in this Act to the agreement of, or a request by, a member of the Standing Council on Health is a reference to an agreement or request in writing.

        (5)         Parts 2 to 5 (inclusive) are to be interpreted in accordance with Schedule 7 of the Health Practitioner Regulation National Law (South Australia) and, for that purpose, Schedule 7 applies as if references to this Law were references to this Act, or an Act of this jurisdiction, and with all other necessary modifications.

        (6)         The Acts Interpretation Act 1915 does not apply to or in respect of Parts 2 to 5 (inclusive).

        (7)         Any incorporated hospital under the Health Care Act 2008 is a local hospital network for the purposes of this Act.



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