Financial Management and Accountability (Local Hospital Networks Special Account) Determination 2013/01
Financial Management and Accountability Act 1997
I, PENELOPE YING YEN WONG, Minister for Finance and Deregulation, make this Determination under subsection 20 (1) of the Financial Management and Accountability Act 1997.
Dated 13th March 2013
PENELOPE YING YEN WONG
Minister for Finance and Deregulation
 
1              Name of Determination
This Determination is the Financial Management and Accountability (Local Hospital Networks Special Account) Determination 2013/01 (the Determination).
Note       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.comlaw.gov.au.
2              Definitions
                In the Determination:
Act means the Financial Management and Accountability Act 1997.
Special Account has the meaning given by section 5 of the Act.
Local Hospital Network means a body:
(a)    that is named under the heading ‘Local hospital network (LHN)’ in Table 4 of the report entitled 'National Health Reform public hospital funding – New South Wales report, November 2012' prepared by the Administrator of the National Health Funding Pool under section 240 of the National Health Reform Act 2011; or
(b)   that is named under the heading ‘Local hospital network (LHN)’ in Table 4 of the report entitled 'National Health Reform public hospital funding – Victorian report, November 2012' prepared by the Administrator of the National Health Funding Pool under section 240 of the National Health Reform Act 2011; or
(c)    that is named under the heading ‘Local hospital network (LHN)’ in Table 4 of the report entitled 'National Health Reform public hospital funding – Queensland report, November 2012' prepared by the Administrator of the National Health Funding Pool under section 240 of the National Health Reform Act 2011; or
(d)   that is named under the heading ‘Local hospital network (LHN)’ in Table 4 of the report entitled 'National Health Reform public hospital funding – Western Australian report, November 2012' prepared by the Administrator of the National Health Funding Pool under section 240 of the National Health Reform Act 2011; or
(e)    that is named under the heading ‘Local hospital network (LHN)’ in Table 4 of the report entitled 'National Health Reform public hospital funding – South Australian, report November 2012' prepared by the Administrator of the National Health Funding Pool under section 240 of the National Health Reform Act 2011; or
(f)    that is named under the heading ‘Local hospital network (LHN)’ in Table 4 of the report entitled 'National Health Reform public hospital funding – Tasmanian report, November 2012' prepared by the Administrator of the National Health Funding Pool under section 240 of the National Health Reform Act 2011; or
(g)   that is named under the heading ‘Local hospital network (LHN)’ in Table 4 of the report entitled 'National Health Reform public hospital funding – Australian Capital Territory report, November 2012' prepared by the Administrator of the National Health Funding Pool under section 240 of the National Health Reform Act 2011.
(h)   that is named under the heading ‘Local hospital network (LHN)’ in Table 4 of the report entitled 'National Health Reform public hospital funding – Northern Territory report, November 2012' prepared by the Administrator of the National Health Funding Pool under section 240 of the National Health Reform Act 2011; or
3              Commencement
                The Determination commences at the time at which it takes effect in accordance with subsection 22 (4) of the Act.
4              Establishment
                For paragraph 20 (1) (a) of the Act, a Special Account is established with the name Local Hospital Network Special Account (this Special Account).
5              Amounts to be credited
                For paragraph 20 (1) (b) of the Act, an amount received from any person for the purposes of subclause 6 (a) of the Determination may be credited to this Special Account.
Note:      The Appropriation Acts provide that if any of the purposes of a Special Account are covered by an item in those Acts (whether or not the item expressly refers to the Special Account), then amounts may be debited against the appropriation for that item and credited to the Special Account.
6              Purposes for which amounts are allowed be debited
                For paragraph 20 (1) (c) of the Act, the purposes for which amounts are allowed to be debited from this Special Account are:
(a)     to make grants of financial assistance to Local Hospital Networks, in accordance with agreements entered into between them and the Commonwealth, for the provision of hospital and pharmaceutical benefits, and medical and dental services;
(b)     to reduce the balance of this Special Account without making a real or notional payment.
Note:      Subsection 20 (4) of the Act appropriates the Consolidated Revenue Fund (CRF) for expenditure for the purposes of the Special Account up to the balance for the time being of the Special Account.  Subsection 20 (5) of the Act provides that whenever an amount is debited against the appropriation, the amount is taken to be also debited from the Special Account.
7              Constitutional power
                The Determination is made in reliance on:
(a)     section 51(xxiiiA) of the Constitution; and
(b)     section 96 of the Constitution to the extent that a Local Hospital Network forms part of a State for the purposes of that provision; and
(c)     section 122 of the Constitution to the extent that a Local Hospital Network is in a Territory.