Commonwealth Consolidated Acts

NATIONAL HEALTH REFORM ACT 2011 - SECT 10

Scope

  (1)   This section applies to the following:

  (a)   standards formulated by the Commission under paragraph   9(1)(e);

  (b)   guidelines formulated by the Commission under paragraph   9(1)(f);

  (c)   indicators formulated by the Commission under paragraph   9(1)(g).

Consultation

  (2)   Before formulating standards, guidelines or indicators, the Commission must consult:

  (a)   clinicians; and

  (b)   bodies known as lead clinician groups; and

  (c)   each head (however described) of a Department of State of:

  (i)   a State; or

  (ii)   the Australian Capital Territory; or

  (iii)   the Northern Territory;

    where the Department:

  (iv)   deals with matters relating to health; and

  (v)   is administered by a participating State/Territory Health Minister; and

  (d)   any other persons or bodies who, in the Commission's opinion, are stakeholders in relation to the formulation of the standards, guidelines or indicators; and

  (da)   carers; and

  (db)   consumers; and

  (e)   the public.

  (3)   If the Commission is of the opinion that:

  (a)   there is an urgent need to formulate particular standards, guidelines or indicators; and

  (b)   because of that urgent need, it is not reasonably practicable to comply with subsection   (2) in relation to the formulation of those standards, guidelines or indicators;

the Commission is not required to comply with subsection   (2) in relation to the formulation of those standards, guidelines or indicators.

Application or adoption of other instruments etc.

  (4)   Standards, guidelines or indicators may apply, adopt or incorporate, with or without modification, any matter contained in any other instrument or writing, as existing:

  (a)   at a particular time; or

  (b)   from time to time.

Information

  (5)   Before formulating standards, guidelines or indicators, the Commission must collect, analyse and interpret such information as the Commission considers relevant.

Rules to be complied with by Commission

  (6)   The Minister may, by legislative instrument, make rules to be complied with by the Commission in formulating standards, guidelines or indicators.

  (7)   Before making rules under subsection   (6), the Minister must consult each participating State/Territory Health Minister.

  (8)   The Commission must comply with rules in force under subsection   (6).