Health Services Act 2016

Without limiting section 45(3) or 46(3), a service agreement may —

deal with the matters stated in section 45(3) or 46(3) relating to funding provided by the Commonwealth, without the Commonwealth being a party to the agreement; and

impose limitations or conditions on when and how a health service provider may agree to provide a service to, or receive a service from, another health service provider.

Negotiations for a service agreement that is not a Commission service agreement must be conducted in accordance with any relevant policy framework.

Negotiations for a Commission service agreement must be conducted in accordance with the head agreement referred to in section 44.