Commonwealth: National Health Reform Act 2011 (Cth)

National Health Reform Act 2011 No. 9, 2011 Compilation No. 12 Compilation date: 15 February 2025 Includes amendments: Act No. 8, 2025 About this compilation This compilation This is a compilation of the National Health Reform Act 2011 that shows the text of the law as amended and in force on 15 February 2025 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Chapter 1—Preliminary 1 Short title 2 Commencement 3 Object 4 Simplified outline 5 Definitions 6 Vacancies 7 Crown to be bound Chapter 2—Australian Commission on Safety and Quality in Health Care Part 2.1—Introduction 7A Simplified outline Part 2.2—Commission's establishment, functions and powers 8 Establishment of the Commission 9 Functions of the Commission 10 Additional provisions about standards, guidelines and indicators 11 Additional provisions about model national accreditation schemes 12 Constitutional limits 13 Powers of the Commission 14 Charging of fees 15 Commission has privileges and immunities of the Crown 16 Ministerial directions Part 2.3—The Commission Board Division 1—Establishment and role of the Commission Board 17 Establishment 18 Role Division 2—Members of the Commission Board 19 Membership 20 Appointment of Commission Board members 21 Period of appointment for Commission Board members 22 Acting Commission Board members 23 Remuneration 24 Leave of absence 25 Resignation 26 Termination of appointment 27 Other terms and conditions Division 3—Procedures of the Commission Board 28 Convening of meetings 29 Presiding at meetings 30 Quorum 31 Voting at meetings 32 Decisions without meetings 33 Conduct of meetings 34 Minutes Division 4—Delegation by the Commission Board 35 Delegation by the Commission Board Part 2.4—Chief Executive Officer, staff and consultants Division 1—Chief Executive Officer of the Commission 36 Establishment 37 Role 38 Appointment 39 Acting appointments 40 Outside employment 41 Remuneration 42 Leave 43 Disclosure of interests 44 Resignation 45 Termination of appointment 46 Other terms and conditions Division 2—Staff and consultants 47 Staff 48 Persons assisting the Commission 49 Consultants Part 2.5—Committees 50 Committees 51 Remuneration and allowances Part 2.6—Reporting and planning obligations of the Commission 52 Publishing reports and documents about performance of Commission's function 53 Annual report 54 Work plan 54AA Corporate plan Part 2.7—Secrecy 54A Secrecy 54B Disclosure or use for the purposes of this Act 54C Disclosure to committee 54D Disclosure to the Minister 54E Disclosure to the Treasurer 54F Disclosure to the Secretary etc. 54G Disclosure to a Royal Commission 54H Disclosure to certain agencies, bodies or persons 54HA Disclosure in relation to compliance with share by default provisions 54J Disclosure to researchers 54K Disclosure with consent 54L Disclosure of publicly available information 54M Delegation Part 2.8—Other matters 55 Commission CEO not subject to direction by the Commission Board on certain matters 56 Taxation 57 Compliance with standards and guidelines Chapter 4—Independent Health and Aged Care Pricing Authority Part 4.1—Introduction 128 Simplified outline Part 4.2—Pricing Authority's establishment, functions, powers and liabilities 129 Independent Health and Aged Care Pricing Authority 130 Object of the Pricing Authority 131 Functions of the Pricing Authority—public hospitals and health care pricing and costing 131A Functions of the Pricing Authority—aged care 132 Intergovernmental agreements 133 Policy principles—First Ministers' Council 134 Constitutional limits 135 Powers of the Pricing Authority 137 Pricing Authority has privileges and immunities of the Crown Part 4.3—Cost‑shifting disputes and cross‑border disputes 138 Cost‑shifting disputes and cross‑border disputes 139 Assessment by Pricing Authority of cost‑shifting disputes 140 Recommendations by Pricing Authority on cross‑border disputes 141 Advice to Commonwealth to adjust funding Part 4.4—Constitution and membership of the Pricing Authority 142 Constitution of the Pricing Authority 143 Membership of the Pricing Authority 144 Appointment of members of the Pricing Authority 145 Period of appointment for members of the Pricing Authority 146 Acting members of the Pricing Authority Part 4.5—Terms and conditions for members of the Pricing Authority 147 Remuneration 148 Disclosure of interests 150 Leave of absence 151 Resignation 152 Termination of appointment 153 Other terms and conditions Part 4.6—Decision‑making by the Pricing Authority 154 Holding of meetings 155 Presiding at meetings 156 Quorum 157 Voting at meetings etc. 158 Decisions without meetings 159 Conduct of meetings 160 Minutes Part 4.7—Delegation by the Pricing Authority 161 Delegation by the Pricing Authority Part 4.8—Chief Executive Officer of the Pricing Authority 162 Establishment 163 Role 164 Appointment 165 Acting appointments 166 Outside employment 167 Remuneration 168 Leave 169 Disclosure of interests 170 Resignation 171 Termination of appointment 172 Other terms and conditions Part 4.9—Staff and consultants 173 Staff 174 Persons assisting the Pricing Authority 175 Consultants Part 4.10—Clinical Advisory Committee Division 1—Establishment and functions of the Clinical Advisory Committee 176 Establishment of the Clinical Advisory Committee 177 Functions of the Clinical Advisory Committee Division 2—Membership of the Clinical Advisory Committee 178 Membership of the Clinical Advisory Committee 179 Appointment of Clinical Advisory Committee members 180 Period of appointment for Clinical Advisory Committee members 181 Acting Clinical Advisory Committee members 182 Procedures 183 Disclosure of interests to the Minister and the Pricing Authority 184 Disclosure of interests to Clinical Advisory Committee 185 Outside employment 186 Remuneration and allowances 187 Leave of absence 188 Resignation 189 Termination of appointment 190 Other terms and conditions Division 3—Subcommittees 191 Subcommittees 192 Remuneration and allowances Division 4—Annual report 193 Annual report Division 5—Pricing Authority may assist the Clinical Advisory Committee and its subcommittees 194 Pricing Authority may assist the Clinical Advisory Committee and its subcommittees Part 4.11—Jurisdictional Advisory Committee 195 Establishment of the Jurisdictional Advisory Committee 196 Functions of the Jurisdictional Advisory Committee 197 Membership of the Jurisdictional Advisory Committee 198 Appointment of Jurisdictional Advisory Committee members 199 Substitute members 200 Termination of appointment 201 Application of the Remuneration Tribunal Act 202 Procedures 203 Disclosure of interests to Jurisdictional Advisory Committee 204 Pricing Authority may assist the Jurisdictional Advisory Committee Part 4.11A—Aged Care Advisory Committee Division 1—Establishment and functions of the Aged Care Advisory Committee 204A Establishment of the Aged Care Advisory Committee 204B Functions of the Aged Care Advisory Committee Division 2—Membership of the Aged Care Advisory Committee 204C Membership of the Aged Care Advisory Committee 204D Appointment of members of the Aged Care Advisory Committee 204E Acting appointments 204F Remuneration 204G Disclosure of interests to the Minister and Pricing Authority 204H Disclosure of interests to the Aged Care Advisory Committee 204J Leave of absence 204K Resignation 204L Termination of appointment 204M Other terms and conditions Division 3—Decision‑making by the Aged Care Advisory Committee 204N Holding of meetings 204P Presiding at meetings 204Q Quorum 204R Voting at meetings etc. 204S Decisions without meetings 204T Conduct of meetings 204U Minutes Division 4—Subcommittees 204V Subcommittees 204W Remuneration and allowances Division 5—Annual report 204X Annual report Division 6—Pricing Authority may assist the Aged Care Advisory Committee and its subcommittees 204Y Pricing Authority may assist the Aged Care Advisory Committee and its subcommittees Part 4.12—Other committees 205 Committees 206 Remuneration and allowances 207 Pricing Authority may assist committees Part 4.13—Reporting and planning Division 1—Requirements for functions in relation to hospitals 208 Minister or State/Territory Health Minister may require the Pricing Authority to prepare reports or give information 209 Keeping the Ministerial Council informed 210 Reporting to Parliament 211 Minister and State/Territory Health Ministers comment before public reports Division 2—Requirements for functions in relation to health care pricing and costing 211A Minister may require the Pricing Authority to prepare reports in relation to health care pricing and costing functions 211B Reporting to Parliament Division 3—Requirements for functions in relation to aged care 211C Relevant Commonwealth Minister may require the Pricing Authority to prepare reports in relation to aged care functions 211D Reporting to Parliament Division 4—Other matters 212 Corporate plan Part 4.13A—Finance 212A Money payable to the Pricing Authority 212B Application of money by the Pricing Authority 212C Taxation Part 4.14—Secrecy 213 Secrecy 214 Disclosure or use for the purposes of this Act 215 Disclosure to committees—general 215A Disclosure to committees—aged care information 216 Disclosure to the Minister 216A Disclosure to Aged Care Minister 217 Disclosure to a State/Territory Health Minister 218 Disclosure to the Secretary etc. 219 Disclosure to a Royal Commission 220 Disclosure to certain agencies, bodies or persons—general 220A Disclosure to relevant bodies or persons—health care pricing and costing information and aged care information 221 Disclosure to researchers 222 Disclosure with consent 223 Disclosure of publicly available information 224 Delegation Part 4.15—Other matters 225 Consultation on the Pricing Authority's work program 226 Minister may give directions to the Pricing Authority—functions in relation to hospitals 226A Minister may give directions to the Pricing Authority—other functions 227 Pricing Authority CEO not subject to direction by the Pricing Authority on certain matters Chapter 5—Administrator of the Funding Pool Part 5.1—Introduction 228 Simplified outline 229 Interpreting Part 5.2 230 Constitution of Ministerial Council etc. Part 5.2—Administrator of the National Health Funding Pool Division 1—Establishment and functions 231 The office of Administrator 232 Appointment of Administrator 233 Remuneration 234 Suspension of Administrator 235 Removal or resignation of Administrator 236 Acting Administrator 237 Provision of staff and facilities for Administrator 238 Functions of Administrator Division 2—Financial management and reporting 239 Financial management obligations of Administrator 240 Monthly reports by Administrator 241 Annual report by Administrator 242 Administrator to prepare financial statements for State Pool Accounts 243 Audit of financial statements 244 Performance audits 245 Provision of information generally 246 Format and content of reports and statements Division 3—Provisions relating to the functions of the Administrator 247 Constitutional limits 248 State laws may confer functions and powers 249 How duty is imposed by State laws 250 When State laws impose a duty on Funding Body or officer Part 5.3—National Health Funding Body Division 1—Establishment 251 National Health Funding Body 252 Function Division 2—Chief Executive Officer of the Funding Body 253 Establishment 254 Role 255 Appointment 256 Acting appointments 257 Outside employment 258 Remuneration and allowances 259 Leave of absence 260 Disclosure of interests 261 Resignation 262 Termination of appointment 263 Other terms and conditions Division 3—Staff, consultants etc. 264 Staff 265 Persons assisting the Funding Body 266 Consultants Division 4—Reporting and planning 267 Annual report 267A Corporate plan Part 5.4—Secrecy Division 1—The Administrator 268 Secrecy Division 2—Funding Body officials 269 Secrecy 270 Disclosure or use for the purposes of this Act 271 Disclosure to the Minister 272 Disclosure to a State/Territory Health Minister 273 Disclosure to the Secretary etc. 274 Disclosure to a Royal Commission 275 Disclosure to certain agencies, bodies or persons 276 Disclosure to researchers 277 Disclosure with consent 278 Disclosure of publicly available information Chapter 6—Miscellaneous 279 Protection of patient confidentiality 280 Concurrent operation of State and Territory laws etc. 282 Regulations Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act relating to national health reform, and for other purposes Chapter 1—Preliminary 1 Short title This Act may be cited as the National Health Reform Act 2011. 2 Commencement This Act commences on 1 July 2011. 3 Object The object of this Act is to establish: (a) the Australian Commission on Safety and Quality in Health Care; and (c) the Independent Health and Aged Care Pricing Authority; and (d) the office of Administrator of the National Health Funding Pool; and (e) the National Health Funding Body. 4 Simplified outline The following is a simplified outline of this Act: • This Act sets up: (a) the Australian Commission on Safety and Quality in Health Care; and (b) the Independent Health and Aged Care Pricing Authority; and (c) the office of Administrator of the National Health Funding Pool; and (d) the National Health Funding Body. • The Australian Commission on Safety and Quality in Health Care has functions relating to health care safety and quality matters. • The main functions of the Independent Health and Aged Care Pricing Authority in relation to public hospitals and health care pricing and costing are as follows: (a) to determine the national efficient price for health care services provided by public hospitals where the services are funded on an activity basis; (b) to determine the efficient cost for health care services provided by public hospitals where the services are block funded; (c) to publish this, and other information, for the purpose of informing decision makers in relation to the funding of public hospitals; (d) if requested by the Minister or the Secretary, to advise the Commonwealth in relation to certain health care pricing and costing matters. • The main functions of the Independent Health and Aged Care Pricing Authority in relation to aged care are as follows: (a) to provide advice about certain aged care pricing and costing matters to each relevant Commonwealth Minister; (b) to perform such functions as are conferred on the Independent Health and Aged Care Pricing Authority by the Aged Care Act. • The main function of the Administrator of the National Health Funding Pool is to administer the National Health Funding Pool. • The function of the National Health Funding Body is to assist the Administrator of the National Health Funding Pool. 5 Definitions In this Act: Administrator means the Administrator of the National Health Funding Pool appointed under section 232 and under the corresponding provision of the laws of the States and Territories. Aged Care Act means the Aged Care Act 1997. Aged Care Act function has the meaning given by paragraph 131A(1)(e). aged care information means information (including protected information within the meaning of the Aged Care Act) obtained in the course of: (a) the performance of the following functions, or the exercising of powers for or in connection with the performance of the following functions: (i) a function of the Pricing Authority mentioned in subsection 131A(1) (other than an Aged Care Act function); (ii) a function of the Aged Care Advisory Committee (other than a function that relates to an Aged Care Act function of the Pricing Authority); (iii) a function of a subcommittee established under section 204V to advise or assist the Aged Care Advisory Committee in the performance of a function of the Aged Care Advisory Committee covered by subparagraph (ii) of this paragraph; (iv) a function of a committee established under section 205 to advise or assist the Pricing Authority in the performance of a function of the Pricing Authority mentioned in subsection 131A(1) (other than an Aged Care Act function); or (b) assisting, under section 204Y or 207, in the performance of a function covered by paragraph (a) of this definition. Aged Care Minister means the Minister administering the Aged Care Act. Clinical Advisory Committee member means a member of the Clinical Advisory Committee, and includes the Chair of the Clinical Advisory Committee. clinician means an individual who provides diagnosis, or treatment, as a professional: (a) medical practitioner; or (b) nurse; or (c) allied health practitioner; or (d) health practitioner not covered by paragraph (a), (b) or (c). Commission means the Australian Commission on Safety and Quality in Health Care. Commission Board means the Board of the Commission. Commission Board Chair means the Chair of the Commission Board. Commission Board member means a member of the Commission Board, and includes the Commission Board Chair. Commission CEO means the Chief Executive Officer of the Commission. cost‑shifting dispute has the meaning given by subsection 138(1). cross‑border dispute has the meaning given by subsection 138(2). First Ministers' Council means a body (however described) that consists only of, or that includes, the following: (a) the Prime Minister; (b) the Premiers of each State; (c) the Chief Ministers of the Australian Capital Territory and Northern Territory. function, in Part 5.2, includes a power, authority or duty. Funding Body means the National Health Funding Body. Funding Body CEO means the Chief Executive Officer of the Funding Body. health care pricing and costing information means information obtained in the course of: (a) the performance of the following functions, or the exercising of powers for or in connection with the performance of the following functions: (i) a function of the Pricing Authority mentioned in subsection 131(1A); (ii) a function of the Clinical Advisory Committee mentioned in paragraph 177(ba); (iii) a function of a subcommittee established under section 191 to advise or assist the Clinical Advisory Committee in the performance of a function of the Clinical Advisory Committee mentioned in paragraph 177(ba); (iv) a function of the Jurisdictional Advisory Committee mentioned in subparagraph 196(1)(a)(va); (v) a function of a committee established under section 205 to advise or assist the Pricing Authority in the performance of a function of the Pricing Authority mentioned in subsection 131(1A); or (b) assisting, under section 194, 204 or 207, in the performance of a function mentioned in paragraph (a) of this definition. health care safety and quality matter means: (a) a matter relating to the safety of health care services; or (b) a matter relating to the quality of health care services; or (c) a matter specified in the regulations. Health Chief Executives Forum means a body (however described) that consists of: (a) the Secretary; and (b) each head (however described) of the Health Department of a State or Territory. Health Department, of a State or Territory, means a Department of State that: (a) deals with matters relating to health; and (b) is administered by the State/Territory Health Minister of the State or Territory. Health Minister means: (a) the Minister; or (b) a State/Territory Health Minister. intergovernmental agreement means: (a) a written agreement between the Commonwealth and one or more States or Territories; or (b) a written resolution of the First Ministers' Council passed in accordance with the procedures determined by that Council. Jurisdictional Advisory Committee member means a member of the Jurisdictional Advisory Committee, and includes: (a) the Chair of the Jurisdictional Advisory Committee; and (b) a person attending a meeting in place of a Jurisdictional Advisory Committee member. local hospital network means an organisation that is a local hospital network (however described) for the purposes of the National Health Reform Agreement. member of the Aged Care Advisory Committee includes the Chair of the Aged Care Advisory Committee. member of the Pricing Authority includes: (a) the Chair of the Pricing Authority; and (b) each Deputy Chair of the Pricing Authority. Ministerial Council means a body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for matters relating to health. National Health Funding Pool means the combined State Pool Accounts for each State and Territory. National Health Reform Agreement means the National Health Reform Agreement between the Commonwealth and the States that was agreed to by the Council of Australian Governments on 2 August 2011, as amended from time to time. National Health Reform law, of a State or Territory, means a law of the State or Territory that gives effect to the National Health Reform Agreement. official of the Commission means: (a) a Commission Board member; or (b) the Commission CEO; or (c) a member of the staff of the Commission; or (d) a person whose services are made available to the Commission under section 48; or (e) a person engaged as a consultant under section 49. official of the Funding Body means: (a) the Funding Body CEO; or (b) a member of the staff of the Funding Body; or (c) a person whose services are made available to the Funding Body under section 265; or (d) a person engaged as a consultant under section 266. official of the Pricing Authority means: (a) a member of the Pricing Authority; or (b) the Pricing Authority CEO; or (c) a member of the staff of the Pricing Authority; or (d) a person whose services are made available to the Pricing Authority under section 174; or (e) a person engaged as a consultant under section 175. participating State/Territory Health Minister: if: (a) there is in force an agreement between the Commonwealth and: (i) a State; or (ii) the Australian Capital Territory; or (iii) the Northern Territory; and (b) under the agreement, the State or Territory undertakes to make financial contributions to the Commission; the State/Territory Health Minister of the State or Territory is a participating State/Territory Health Minister. partner of a person means: (a) the person's spouse; or (b) the person's de facto partner (within the meaning of the Acts Interpretation Act 1901). Premier: (a) the Chief Minister of the Australian Capital Territory is taken to be the Premier of that Territory for the purposes of this Act; and (b) the Chief Minister of the Northern Territory is taken to be the Premier of that Territory for the purposes of this Act. Pricing Authority means the Independent Health and Aged Care Pricing Authority. Pricing Authority CEO means the Chief Executive Officer of the Pricing Authority. private hospital means a facility specified in a legislative instrument made by the Minister for the purposes of this definition. protected Administrator information means information that was obtained by a person in the person's capacity as the Administrator. protected Commission information means information that: (a) was obtained by a person in the person's capacity as an official of the Commission; and (b) relates to the affairs of a person other than an official of the Commission. protected Funding Body information means information that: (a) was obtained by a person in the person's capacity as an official of the Funding Body; and (b) relates to the affairs of a person other than an official of the Funding Body. protected Pricing Authority information means information that: (a) was obtained by a person in the person's capacity as an official of the Pricing Authority; and (b) relates to the affairs of a person other than an official of the Pricing Authority; but does not include protected information (within the meaning of the Aged Care Act) that is not aged care information. public hospital means a facility specified in a legislative instrument made by the Minister for the purposes of this definition. If a facility is situated in a State, the Australian Capital Territory or the Northern Territory, the Minister must not specify the facility in such an instrument without the written agreement of the State/Territory Health Minister of the State or Territory, as the case may be. relevant Commonwealth Minister means the following: (a) the Minister; (b) if the Minister is not also the Aged Care Minister—the Aged Care Minister. 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 States). Royal Commission has the same meaning as in the Royal Commissions Act 1902. Secretary means the Secretary of the Department. staff of the Commission means the staff described in section 47. staff of the Funding Body means the staff described in section 264. staff of the Pricing Authority means the staff described in section 173. State, in Parts 5.1 and 5.2, includes the Australian Capital Territory and the Northern Territory. State Managed Fund of a State or Territory means a bank account or fund established or designated by the State or Territory for the purposes of health funding under the National Health Reform Agreement that is required to be undertaken in the State or Territory through a State Managed Fund. State Pool Account of a State or Territory means the bank accounts opened under the laws of the States and Territories as State Pool Accounts for the purposes of the National Health Reform Agreement. State/Territory government body means: (a) the government of a State or Territory; or (b) an agency or authority of a State or Territory. State/Territory Health Minister means: (a) the Minister of a State; (b) the Minister of the Australian Capital Territory; or (c) the Minister of the Northern Territory; who is responsible, or principally responsible, for the administration of matters relating to health in the State, the Australian Capital Territory or the Northern Territory, as the case may be. Treasurer means the Minister administering the Federal Financial Relations Act 2009. vacancy, in relation to the office of: (a) a Commission Board member; or (c) a member of the Pricing Authority; or (d) a member of the Clinical Advisory Committee; has a meaning affected by section 6. 6 Vacancies (1) For the purposes of a reference in: (a) this Act to a vacancy in the office of a Commission Board member; or (b) the Acts Interpretation Act 1901 to a vacancy in the membership of a body; there are taken to be 9 offices of Commission Board member in addition to the Commission Board Chair. (3) For the purposes of a reference in: (a) this Act to a vacancy in the office of a member of the Pricing Authority; or (b) the Acts Interpretation Act 1901 to a vacancy in the membership of a body; there are taken to be 6 offices of members of the Pricing Authority in addition to the Chair of the Pricing Authority and the 2 Deputy Chairs of the Pricing Authority. (4) For the purposes of a reference in: (a) this Act to a vacancy in the office of a member of the Clinical Advisory Committee; or (b) the Acts Interpretation Act 1901 to a vacancy in the membership of a body; there are taken to be 8 offices of members of the Clinical Advisory Committee in addition to the Chair of the Clinical Advisory Committee. 7 Crown to be bound (1) This Act binds the Crown in each of its capacities. (2) This Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence. (3) The protection in subsection (2) does not apply to an authority of the Crown. Chapter 2—Australian Commission on Safety and Quality in Health Care Part 2.1—Introduction 7A Simplified outline The following is a simplified outline of this Chapter: • This Chapter sets up the Australian Commission on Safety and Quality in Health Care. • The Commission has functions relating to health care safety and quality matters. • There is to be a Board of the Commission. • There is to be a Chief Executive Officer of the Commission. • Committees may be established to assist the Commission. Part 2.2—Commission's establishment, functions and powers 8 Establishment of the Commission (1) The Australian Commission on Safety and Quality in Health Care is established by this section. Note: In this Act, Commission means the Australian Commission on Safety and Quality in Health Care—see section 5. (2) The Commission: (a) is a body corporate; and (b) must have a seal; and (c) may acquire, hold and dispose of real and personal property; and (d) may sue and be sued. Note: The Public Governance, Performance and Accountability Act 2013 applies to the Commission. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources. (3) The seal of the Commission is to be kept in such custody as the Commission Board directs, and is not to be used except as authorised by the Commission Board. (4) All courts, judges and persons acting judicially must: (a) take judicial notice of the imprint of the seal of the Commission appearing on a document; and (b) presume that the document was duly sealed. 9 Functions of the Commission (1) The Commission has the following functions: (a) to promote, support and encourage the implementation of arrangements, programs and initiatives relating to health care safety and quality matters; (b) to collect, analyse, interpret and disseminate information relating to health care safety and quality matters; (c) to advise the Minister about health care safety and quality matters; (d) to publish (whether on the internet or otherwise) reports and papers relating to health care safety and quality matters; (e) to formulate, in writing, standards relating to health care safety and quality matters; (f) to formulate, in writing, guidelines relating to health care safety and quality matters; (g) to formulate, in writing, indicators relating to health care safety and quality matters; (h) to promote, support and encourage the implementation of: (i) standards formulated under paragraph (e); and (ii) guidelines formulated under paragraph (f); (i) to promote, support and encourage the use of indicators formulated under paragraph (g); (j) to monitor the implementation and impact of: (i) standards formulated under paragraph (e); and (ii) guidelines formulated under paragraph (f); (k) to advise: (i) the Minister; and (ii) each participating State/Territory Health Minister; about which standards formulated under paragraph (e) are suitable for implementation as national clinical standards; (l) to formulate model national schemes that: (i) provide for the accreditation of organisations that provide health care services; and (ii) relate to health care safety and quality matters; (m) to consult and co‑operate with other persons, organisations and governments on health care safety and quality matters; (n) such functions (if any) as are specified in a written instrument given by the Minister to the Commission Board Chair; (o) to promote, support, encourage, conduct and evaluate training programs for purposes in connection with the performance of any of the Commission's functions; (p) to promote, support, encourage, conduct and evaluate research for purposes in connection with the performance of any of the Commission's functions; (q) to do anything incidental to or conducive to the performance of any of the above functions. Note 1: See also section 57 (compliance with standards and guidelines is voluntary). Note 2: Sections 10 and 11 impose consultation requirements on the Commission. (2) Before making an instrument under paragraph (1)(n), the Minister must consult each participating State/Territory Health Minister. Legislative instruments (3) A standard formulated under paragraph (1)(e) is not a legislative instrument. (4) Guidelines formulated under paragraph (1)(f) are not a legislative instrument. (5) An indicator formulated under paragraph (1)(g) is not a legislative instrument. (6) A model national scheme formulated under paragraph (1)(l) is not a legislative instrument. (7) An instrument made under paragraph (1)(n) is not a legislative instrument. 10 Additional provisions about standards, guidelines and indicators 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). 11 Additional provisions about model national accreditation schemes Scope (1) This section applies to a model national accreditation scheme formulated by the Commission under paragraph 9(1)(l). Consultation (2) Before formulating a scheme, the Commission must consult: (a) 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 (b) persons or bodies who, in the Commission's opinion, are stakeholders in relation to the formulation of the scheme; and (ba) carers; and (bb) consumers; and (c) the public. Rules to be complied with by Commission (3) The Minister may, by legislative instrument, make rules to be complied with by the Commission in formulating a scheme. (4) Before making rules under subsection (3), the Minister must consult each participating State/Territory Health Minister. (5) The Commission must comply with rules in force under subsection (3). 12 Constitutional limits The Commission may perform its functions only: (a) for purposes related to: (i) the provision of pharmaceutical, sickness or hospital benefits; or (ii) the provision of medical or dental services; or (b) for purposes related to the granting of financial assistance to a State on such terms and conditions as the Parliament thinks fit; or (c) for purposes related to the executive power of the Commonwealth; or (d) for purposes related to statistics; or (e) in, or for purposes related to, a Territory; or (f) in or with respect to a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970); or (g) for purposes related to trade and commerce: (i) between Australia and places outside Australia; or (ii) among the States; or (iii) within a Territory, between a State and a Territory or between 2 Territories; or (h) for purposes related to a corporation to which paragraph 51(xx) of the Constitution applies; or (i) by way of the use of a postal, telegraphic, telephonic or other like service within the meaning of paragraph 51(v) of the Constitution; or (j) by way of the provision of a service to: (i) the Commonwealth; or (ii) an authority of the Commonwealth; for a purpose of the Commonwealth; or (k) for purposes related to matters that are peculiarly adapted to the government of a nation and that cannot otherwise be carried on for the benefit of the nation; or (l) for purposes related to matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth. 13 Powers of the Commission The Commission has power to do all things necessary or convenient to be done for or in connection with the performance of its functions. 14 Charging of fees Fees (1) The Commission may charge fees for things done in performing its functions, so long as rules are in force under subsection (2). Rules to be complied with by Commission (2) The Minister may, by legislative instrument, make rules to be complied with by the Commission in charging fees under subsection (1). (3) Before making rules under subsection (2), the Minister must consult each participating State/Territory Health Minister. (4) The Commission must comply with rules in force under subsection (2). 15 Commission has privileges and immunities of the Crown The Commission has the privileges and immunities of the Crown in right of the Commonwealth. 16 Ministerial directions (1) The Minister may give directions to the Commission in relation to the performance of its functions and the exercise of its powers. (2) A direction under subsection (1) must be of a general nature only. (3) Before making a direction under subsection (1), the Minister must consult each participating State/Territory Health Minister. (4) The Commission must comply with a direction under subsection (1). Part 2.3—The Commission Board Division 1—Establishment and role of the Commission Board 17 Establishment The Commission Board of the Commission is established by this section. Note: In this Act, Commission Board means the Board of the Commission—see section 5. 18 Role (1) The Commission Board is responsible for ensuring the proper and efficient performance of the Commission's functions. (2) The Commission Board has power to do all things necessary and convenient to be done for or in connection with the performance of its duties. (3) Anything done in the name of, or on behalf of, the Commission by the Commission Board, or with the authority of the Commission Board, is taken to have been done by the Commission. (4) If a function or power of the Commission is dependent on the opinion, belief or state of mind of the Commission in relation to a matter, the function or power may be exercised upon the opinion, belief or state of mind of a person or body acting as mentioned in subsection (3) in relation to that matter. Division 2—Members of the Commission Board 19 Membership The Commission Board consists of the following members: (a) the Chair of the Commission Board; (b) not fewer than 7, and not more than 9, other members. Note: In this Act, Commission Board Chair means the Chair of the Commission Board and Commission Board member means a member of the Commission Board (including the Commission Board Chair)—see section 5. 20 Appointment of Commission Board members (1) The Commission Board members are to be appointed by the Minister. (2) The appointments are to be made by written instrument. (3) A person is not eligible for appointment as a Commission Board member unless the Minister is satisfied that the person has: (a) substantial experience or knowledge; and (b) significant standing; in at least one of the following fields: (c) public administration in relation to health care; (d) provision of professional health care services; (e) management of companies, or other organisations, that are involved in the provision of health care services outside the hospital system; (f) general management of public hospitals; (g) general management of private hospitals; (ga) primary health care services; (gb) management of general practice; (h) financial management; (i) corporate governance; (j) improvement of safety and quality; (k) representation of the interests of consumers; (l) law; (m) a field that is specified in a legislative instrument made by the Minister. (4) The Minister must ensure that the Commission Board members collectively possess an appropriate balance of experience and knowledge in each of the fields covered by subsection (3). (5) A Commission Board member is to be appointed on a part‑time basis. (6) Before: (a) appointing a Commission Board member under subsection (1); or (b) making an instrument under paragraph (3)(m); the Minister must consult each participating State/Territory Health Minister. 21 Period of appointment for Commission Board members A Commission Board member holds office for the period specified in the instrument of appointment. The period must not exceed 5 years. Note: For re‑appointment, see the Acts Interpretation Act 1901. 22 Acting Commission Board members Acting Commission Board Chair (1) The Minister may appoint a person to act as the Commission Board Chair: (a) during a vacancy in the office of the Commission Board Chair (whether or not an appointment has previously been made to the office); or (b) during any period, or during all periods, when the Commission Board Chair: (i) is absent from duty or Australia; or (ii) is, for any reason, unable to perform the duties of the office. Acting Commission Board member (other than Commission Board Chair) (2) The Minister may appoint a person to act as a Commission Board member (other than the Commission Board Chair): (a) during a vacancy in the office of a Commission Board member (other than the Commission Board Chair), whether or not an appointment has previously been made to the office; or (b) during any period, or during all periods, when a Commission Board member (other than the Commission Board Chair): (i) is absent from duty or Australia; or (ii) is, for any reason, unable to perform the duties of the office. (3) An appointment under subsection (1) or (2) is to be made by written instrument. Eligibility (4) A person is not eligible for appointment to act as: (a) the Commission Board Chair; or (b) a Commission Board member (other than the Commission Board Chair); unless the person is eligible for appointment as a Commission Board member. Note 1: For qualifications of Commission Board members, see subsection 20(3). Note 2: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901. 23 Remuneration (1) A Commission Board member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, a Commission Board member is to be paid the remuneration that is prescribed by the regulations. (2) A Commission Board member is to be paid the allowances that are prescribed by the regulations. (3) This section has effect subject to the Remuneration Tribunal Act 1973. 24 Leave of absence (1) The Minister may grant the Commission Board Chair leave of absence on the terms and conditions that the Minister determines. (2) The Commission Board Chair may grant leave of absence to any other Commission Board member on the terms and conditions that the Commission Board Chair determines. (3) The Commission Board Chair must notify the Minister if the Commission Board Chair grants to a Commission Board Member leave of absence for a period exceeding 6 months. 25 Resignation (1) A Commission Board member may resign his or her appointment by giving the Minister a written resignation. (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day. 26 Termination of appointment (1) The Minister may terminate the appointment of a Commission Board member for misbehaviour or physical or mental incapacity. (2) The Minister must terminate the appointment of a Commission Board member if: (a) the Commission Board member: (i) becomes bankrupt; or (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or (iii) compounds with his or her creditors; or (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or (b) the Commission Board member is absent, except on leave of absence, from 3 consecutive meetings of the Commission Board; Note: The appointment of a Commission Board member may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials). (3) Before terminating the appointment of a Commission Board member under subsection (1), the Minister must consult each participating State/Territory Health Minister. 27 Other terms and conditions A Commission Board member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister. Division 3—Procedures of the Commission Board 28 Convening of meetings (1) The Commission Board Chair must convene 3 meetings of the Commission Board in each calendar year. (2) The Commission Board Chair may convene such additional meetings (if any) as are, in his or her opinion, necessary for the conduct of the Commission's affairs. (3) The Commission Board Chair must convene a meeting of the Commission Board if directed to do so by the Minister. 29 Presiding at meetings (1) The Commission Board Chair must preside at all meetings of the Commission Board at which he or she is present. (2) If the Commission Board Chair is not present at a meeting, the Commission Board members present must elect one of their number to preside at the meeting. 30 Quorum At a meeting of the Commission Board, a quorum is constituted by: (a) if the total number of Commission Board members is 8 or 9—5 Commission Board members; or (b) if the total number of Commission Board members is 10—6 Commission Board members. 31 Voting at meetings (1) At a meeting of the Commission Board, a question is decided by a majority of the votes of Commission Board members present and voting. (2) The Commission Board member presiding at the meeting has: (a) a deliberative vote; and (b) in the event of an equality of votes, a casting vote. 32 Decisions without meetings (1) The Commission Board is taken to have made a decision at a meeting if: (a) without meeting, a majority of the Commission Board members entitled to vote on the proposed decision indicate agreement with the decision; and (b) that agreement is indicated in accordance with the method determined by the Commission Board under subsection (2); and (c) all the Commission Board members were informed of the proposed decision, or reasonable efforts were made to inform all the Commission Board members of the proposed decision. (2) Subsection (1) does not apply unless the Commission Board: (a) has determined that it may make decisions of that kind without meeting; and (b) has determined the method by which Commission Board members are to indicate agreement with proposed decisions. (3) For the purposes of paragraph (1)(a), a Commission Board member is not entitled to vote on a proposed decision if the Commission Board member would not have been entitled to vote on that proposal if the matter had been considered at a meeting of the Commission Board. 33 Conduct of meetings Subject to this Act and the Public Governance, Performance and Accountability Act 2013, the Commission Board may regulate the conduct of its meetings as it thinks fit. Note: Section 33B of the Acts Interpretation Act 1901 contains further information about the ways in which Commission Board members may participate in meetings. 34 Minutes The Commission Board must keep minutes of its meetings. Division 4—Delegation by the Commission Board 35 Delegation by the Commission Board (1) The Commission Board may, by writing, delegate any or all of its functions and powers to: (a) a Commission Board member; or (b) the Commission CEO; or (c) a person who is: (i) a member of the staff of the Commission; and (ii) an SES employee or acting SES employee. Note: The expressions SES employee and acting SES employee are defined in the Acts Interpretation Act 1901. (2) A delegate must comply with any written directions of the Commission Board. Part 2.4—Chief Executive Officer, staff and consultants Division 1—Chief Executive Officer of the Commission 36 Establishment There is to be a Chief Executive Officer of the Commission. Note: In this Act, Commission CEO means the Chief Executive Officer of the Commission—see section 5. 37 Role (1) The Commission CEO is responsible for the day‑to‑day administration of the Commission. (2) The Commission CEO has power to do all things necessary or convenient to be done for or in connection with the performance of his or her duties. (3) The Commission CEO is to act in accordance with the policies determined, and any directions given, by the Commission Board. 38 Appointment (1) The Commission CEO is to be appointed: (a) in the case of the first appointment made under this subsection—by the Minister; or (b) otherwise—by the Commission Board. (2) If the appointment is covered by paragraph (1)(a), then before the Minister makes the appointment, the Minister must consult each participating State/Territory Health Minister. (3) If the appointment is covered by paragraph (1)(b), then before the Commission Board makes the appointment: (a) the Commission Board must consult the Minister; and (b) the Minister must consult each participating State/Territory Health Minister. (4) The appointment is to be made by written instrument. (5) The Commission CEO holds office on a full‑time basis. (6) The Commission CEO holds office for the period specified in the instrument of appointment. The period must not exceed 5 years. Note: For re‑appointment, see the Acts Interpretation Act 1901. (7) The Commission CEO must not be a Commission Board member. 39 Acting appointments (1) The Commission Board may appoint a person to act as the Commission CEO: (a) during a vacancy in the office of the Commission CEO (whether or not an appointment has previously been made to the office); or (b) during any period, or during all periods, when the Commission CEO: (i) is absent from duty or from Australia; or (ii) is, for any reason, unable to perform the duties of the office. (2) An appointment under subsection (1) is to be made by written instrument. Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901. 40 Outside employment (1) The Commission CEO must not engage in paid employment outside the duties of his or her office without the Commission Board Chair's approval. (2) The Commission Board Chair must notify the Minister of any approval given under subsection (1). 41 Remuneration (1) The Commission CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Commission CEO is to be paid the remuneration that is prescribed by the regulations. (2) The Commission CEO is to be paid the allowances that are prescribed by the regulations. (3) This section has effect subject to the Remuneration Tribunal Act 1973. 42 Leave (1) The Commission CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal. (2) The Commission Board Chair may grant the Commission CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Commission Board Chair determines. (3) The Commission Board Chair must notify the Minister if the Commission Board Chair grants the Commission CEO leave of absence for a period exceeding 2 months. 43 Disclosure of interests (1) A disclosure by the Commission CEO under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the Commission Board. (2) Subsection (1) applies in addition to any rules made for the purposes of that section. (3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013, the Commission CEO is taken not to have complied with section 29 of that Act if the Commission CEO does not comply with subsection (1) of this section. 44 Resignation (1) The Commission CEO may resign his or her appointment by giving the Commission Board Chair a written resignation. (2) The resignation takes effect on the day it is received by the Commission Board Chair or, if a later day is specified in the resignation, on that later day. (3) If the Commission CEO resigns, the Commission Board Chair must notify the Minister of the resignation. 45 Termination of appointment (1) The Commission Board may terminate the appointment of the Commission CEO for misbehaviour or physical or mental incapacity. (2) The Commission Board may terminate the appointment of the Commission CEO if the Commission Board is satisfied that the Commission CEO's performance has been unsatisfactory. (3) Before the Commission Board terminates the appointment of the Commission CEO under subsection (1) or (2): (a) the Commission Board must consult the Minister; and (b) the Minister must consult each participating State/Territory Health Minister. (4) The Commission Board must terminate the appointment of the Commission CEO if: (a) the Commission CEO: (i) becomes bankrupt; or (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or (iii) compounds with his or her creditors; or (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or (b) the Commission CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or (c) the Commission CEO fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section; or (d) the Commission CEO engages, except with the Commission Board Chair's approval, in paid employment outside the duties of his or her office (see section 40). (5) If the Commission Board terminates the appointment of the Commission CEO, the Commission Board must notify: (a) the Minister; and (b) each participating State/Territory Health Minister; of the termination. 46 Other terms and conditions The Commission CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Commission Board. Division 2—Staff and consultants 47 Staff (1) The staff of the Commission are to be persons engaged under the Public Service Act 1999. (2) For the purposes of the Public Service Act 1999: (a) the Commission CEO and the staff of the Commission together constitute a Statutory Agency; and (b) the Commission CEO is the Head of that Statutory Agency. 48 Persons assisting the Commission The Commission may also be assisted: (a) by officers and employees of Agencies (within the meaning of the Public Service Act 1999); or (b) by officers and employees of authorities of the Commonwealth; or (c) by officers and employees of a State or Territory; or (d) by officers and employees of authorities of a State or Territory; whose services are made available to the Commission in connection with the performance of any of its functions. 49 Consultants The Commission may engage consultants to assist in the performance of its functions. Part 2.5—Committees 50 Committees (1) The Commission may establish committees to advise or assist it in the performance of its functions. (2) A committee may be constituted: (a) wholly by Commission Board members; or (b) wholly by persons who are not Commission Board members; or (c) partly by Commission Board members and partly by other persons. (3) The Commission may determine, in relation to a committee established under this section: (a) the committee's terms of reference; and (b) the terms and conditions of appointment of the members of the committee; and (c) the procedures to be followed by the committee. 51 Remuneration and allowances Scope (1) This section applies if a committee is established under section 50. Remuneration and allowances (2) A committee member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed by the regulations. (3) However, a committee member is not entitled to be paid remuneration if he or she holds an office or appointment, or is otherwise employed, on a full‑time basis in the service or employment of: (a) a State; or (b) a corporation (a public statutory corporation) that: (i) is established for a public purpose by a law of a State; and (ii) is not a tertiary education institution; or (c) a company limited by guarantee, where the interests and rights of the members in or in relation to the company are beneficially owned by a State; or (d) a company in which all the stock or shares are beneficially owned by a State or by a public statutory corporation. Note: A similar rule applies to a committee member who has a similar relationship with the Commonwealth or a Territory. See subsection 7(11) of the Remuneration Tribunal Act 1973. (4) A committee member is to be paid the allowances that are prescribed by the regulations. (5) This section (other than subsection (3)) has effect subject to the Remuneration Tribunal Act 1973. Part 2.6—Reporting and planning obligations of the Commission 52 Publishing reports and documents about performance of Commission's function If: (a) a report about a matter relating to the performance of the Commission's functions; or (b) a document setting out information relating to the performance of the Commission's functions; is given to the Minister under paragraph 19(1)(b) of the Public Governance, Performance and Accountability Act 2013, the Minister may cause the report or document to be published (whether on the internet or otherwise). 53 Annual report The annual report prepared by the Commission Board and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include: (a) an assessment of the impact of the performance of each of the Commission's functions during the period; and (b) an assessment of: (i) the safety of health care services provided during the period; and (ii) the quality of health care services provided during the period. 54 Work plan Work plan (1) The Commission must prepare a work plan during each financial year and give it to the Minister. (2) The work plan must set out the Commission's priorities for work to be undertaken during the next 3 financial years. (3) As soon as practicable after receiving a work plan under subsection (1), the Minister must give a copy of the work plan to each participating State/Territory Health Minister. Consultation on draft work plan (4) Before preparing a work plan under subsection (1) during a financial year, the Commission must: (a) prepare a draft of the work plan and give it to the Minister; and (b) do so during the period that starts at the beginning of the financial year and ends: (i) at the end of 31 October in the financial year; or (ii) if another day in the financial year is specified in a written instrument made by the Minister—at the end of that other day. (5) As soon as practicable after receiving a draft work plan under subsection (4), the Minister must: (a) give a copy of the draft work plan to each participating State/Territory Health Minister; and (b) invite each participating State/Territory Health Minister to make a written submission to the Commission about the draft work plan within: (i) 90 days after the invitation is given; or (ii) if another period is specified in the invitation—that other period. (6) In preparing a work plan under subsection (1), the Commission must have regard to any submissions made by participating State/Territory Health Ministers under paragraph (5)(b) in relation to the draft of the work plan. Legislative instrument (7) An instrument under subparagraph (4)(b)(ii) is not a legislative instrument. 54AA Corporate plan (1) A work plan prepared under section 54 is not a corporate plan for the purposes of section 35 of the Public Governance, Performance and Accountability Act 2013. Note: The Commission Board must also prepare a corporate plan under that section. (2) Subsection 35(3) of the Public Governance, Performance and Accountability Act 2013 (which deals with the Australian Government's key priorities and objectives) does not apply to a corporate plan prepared by the Commission Board. Part 2.7—Secrecy 54A Secrecy (1) A person commits an offence if: (a) the person is, or has been, an official of the Commission; and (b) the person has obtained protected Commission information in the person's capacity as an official of the Commission; and (c) the person: (i) discloses the information to another person; or (ii) uses the information. Penalty: Imprisonment for 2 years or 120 penalty units, or both. Exceptions (2) Each of the following is an exception to the prohibition in subsection (1): (a) the disclosure or use is authorised by this Part; (b) the disclosure or use is in compliance with a requirement under: (i) a law of the Commonwealth; or (ii) a prescribed law of a State or a Territory. Note: A defendant bears an evi