National Health Funding Pool Act 2012

The Administrator is —

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

to monitor State payments into each State Pool Account for the purposes of Part 5; and

to make payments from each State Pool Account in accordance with the directions of the State concerned; and

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 Act; and

to exercise or perform any other functions conferred on the Administrator under this Act.

Under the corresponding legislation of the Commonwealth the functions of the Administrator include monitoring Commonwealth payments into each State Pool Account for the purposes of Part 5.

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 Act.

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 Act (including in relation to the preparation or provision of annual or monthly reports, financial statements or information under Part 5).

Directions given by COAG under subsection (3) —

are to be given in accordance with a written resolution of COAG passed in accordance with the procedures determined by COAG; and

are to be notified in writing to the Administrator; and

are to be made publicly available by the Administrator.

When the Administrator is given a direction under subsection (3)  —

the Administrator must give a copy of the direction to the responsible Minister for the State; and

the responsible Minister must, as soon as practicable after receiving the copy, cause it to be tabled in each House of Parliament.

To avoid doubt, this Act is not intended —

to give the Commonwealth ownership or control of money in a State Pool Account; or

to affect the obligation of the Administrator under the laws of a State to make payments from the State Pool Account of the State in accordance with the directions of the State.

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 Part 5.