Commonwealth Consolidated Acts

NATIONAL HEALTH REFORM ACT 2011 - SECT 140

Request for recommendations

  (1)   A Health Minister may request the Pricing Authority to make recommendations about a cross - border dispute between his or her jurisdiction and another jurisdiction.

  (2)   The request must be:

  (a)   in writing; and

  (b)   accompanied by a written submission in support of the request.

  (3)   The Pricing Authority must investigate the dispute if it is satisfied that the jurisdictions have:

  (a)   complied with any relevant requirements set out in intergovernmental agreements, or agreements between States or States and Territories; and

  (b)   made other reasonable efforts to resolve the dispute.

  (4)   As soon as practicable after starting to investigate the dispute, the Pricing Authority must give the Health Minister of the other jurisdiction:

  (a)   the following in writing:

  (i)   notice of the request;

  (ii)   an invitation to make a written submission to the Pricing Authority about the dispute within 60 days after receiving the invitation; and

  (b)   a copy of the submission that accompanied the request.

  (5)   Following the investigation, the Pricing Authority must:

  (a)   prepare draft recommendations and give them to the Health Ministers; and

  (b)   invite the Health Ministers to give the Pricing Authority written comments on the draft recommendations within 30 days after receiving them.

Final recommendations

  (6)   The Pricing Authority must prepare final recommendations and give them to the Health Ministers.