National Health Regulations 2026

law://au/li/2026/f2026l01168@2026-11-13

Contents

Part 1 · Preliminary

1Name#

This instrument is the National Health Regulations 2026.

2Commencement#

These Regulations shall come into force on 17th March 1987 and shall have effect as from 25th November 1982.

(1)Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this instrument	1 October 2026.	1 October 2026

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

(2)Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3Authority#

This instrument is made under the National Health Act 1953.

4Schedules#

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

5Definitions#

Note: A number of expressions used in this instrument are defined in the Act, including Committee of Inquiry.

In this instrument:

Act means the National Health Act 1953.

insulin pump consumables includes the following equipment manufactured for use with an insulin pump:

(a)cannulae;

(b)tubing;

(c)insulin reservoirs;

(d)insulin cartridges, other than insulin cartridges that contain insulin when the cartridges are supplied;

(e)pods or equivalent products.

National Board means any of the following:

(a)the Aboriginal and Torres Strait Islander Health Practice Board of Australia;

(b)the Chinese Medicine Board of Australia;

(c)the Chiropractic Board of Australia;

(d)the Dental Board of Australia;

(e)the Medical Board of Australia;

(f)the Medical Radiation Practice Board of Australia;

(g)the Nursing and Midwifery Board of Australia;

(h)the Occupational Therapy Board of Australia;

(i)the Optometry Board of Australia;

(j)the Osteopathy Board of Australia;

(k)the Paramedicine Board of Australia;

(l)the Pharmacy Board of Australia;

(m)the Physiotherapy Board of Australia;

(n)the Podiatry Board of Australia;

(o)the Psychology Board of Australia.

Part 2 · Prescribed medical or surgical aids etc.

6Prescribed medical or surgical aids, equipment and appliances#

(1)For the purposes of paragraph 9A(1)(a) of the Act, the medical or surgical aids, equipment and appliances specified in the following table are prescribed.

Prescribed medical or surgical aids, equipment and appliances
Item	Medical or surgical aid, equipment or appliance
1	Haemodialysis machines
2	Medical or surgical aids, equipment and appliances used in conjunction with haemodialysis machines
3	Peritoneal dialysis machines
4	Medical or surgical aids, equipment and appliances used in conjunction with peritoneal dialysis machines
5	Stoma appliances
6	Medical or surgical aids, equipment and appliances used in conjunction with stoma appliances
7	Wheelchairs
8	Orthoses
9	Wigs
10	Mammary prostheses
11	Electrolarynxes
12	Aids for incontinence
13	Walking aids
14	Equipment and appliances for personal use
15	Insulin syringes and needles
16	Equipment used for testing and monitoring the diabetic condition
17	Dressings, bandages, padding and ancillary items
18	Needles for the delivery of injectable blood glucose lowering medications other than insulin
19	Insulin pump consumables

(2)For the purposes of subsection 9A(2) of the Act, the medical or surgical aids, equipment and appliances specified in items 1 to 4 of the table in subsection (1) of this section are prescribed.

Part 3 · Procedure of Committees of Inquiry

7Preliminary#

For the purposes of section 121 of the Act, this Part makes provision for and in relation to the procedure of Committees of Inquiry.

8Meetings#

(1)A Committee of Inquiry must hold such meetings as are necessary for the efficient performance of its functions.

(2)The Chairperson of a Committee of Inquiry may convene a meeting at any time.

9Quorum#

A quorum for proceedings of a Committee of Inquiry is constituted by 3 members.

10Record of proceedings#

A Committee of Inquiry must keep a record of its proceedings, including a transcript of all evidence received by the Committee.

Part 4 · Disclosing information

11Disclosure to person or body for specified purpose#

(1)For the purposes of subsection 135A(3F) of the Act, if the specified purpose of a disclosure of information is to enable a person or body (or a member of the body) covered by subsection (2) of this section to perform the duties or functions, or exercise the powers, of the person or body, an officer (within the meaning of section 135A of the Act) may, for that purpose, provide to the person or body information that is relevant to that purpose.

(2)A person or body is covered by this subsection if it is specified in the following table.

Prescribed persons and bodies
Item	Person or body
1	a National Board
2	a State or Territory Board of a National Board
3	the Aged Care Quality and Safety Commission
4	the Australian Centre for Disease Control
5	the Australian Commission on Safety and Quality in Health Care
6	the Australian Competition and Consumer Commission
7	the Australian Criminal Intelligence Commission
8	the Australian Health Practitioner Regulation Agency
9	the Australian Institute of Health and Welfare
10	the Australian National Audit Office
11	the Australian Prudential Regulation Authority
12	the Australian Securities and Investments Commission
13	the Commonwealth Ombudsman, or another officer within the meaning of subsection 35(1) of the Ombudsman Act 1976
14	a Department administered by a Minister administering the Disability Services and Inclusion Act 2023
15	the Department administered by the Minister administering the Human Services (Centrelink) Act 1997
16	the Department administered by the Minister administering the Veterans’ Entitlements Act 1986
17	the Fair Work Commission
18	the Health Care Complaints Commission of New South Wales
19	the Independent Health and Aged Care Pricing Authority
20	the Military Rehabilitation and Compensation Commission
21	the National Disability Insurance Agency
22	the NDIS Quality and Safeguards Commission
23	the Office of the Australian Information Commissioner
24	the Office of the Health Ombudsman of Queensland
25	the Office of the Inspector-General of Aged Care
26	Professional Services Review
27	the Repatriation Commission
28	Safe Work Australia
29	Services Australia

Part 5 · Fees and allowances for members of committees

12Fees and allowances for members of committees#

(1)For the purposes of paragraph 140(a) of the Act, this section prescribes the fees and allowances payable to members of a committee established under the Act, other than:

(a)the Drug Utilisation Sub-Committee; and

(b)the Economics Sub-Committee.

Note: The sub-committees mentioned in paragraphs (a) and (b) were established by the Pharmaceutical Benefits Advisory Committee under section 101A of the Act.

(2)The fees and allowances payable to the Chairperson of a committee are the amounts payable to the Chairperson in accordance with a determination made by the Remuneration Tribunal.

(3)The fees and allowances payable to a member (other than the Chairperson) of a committee are the amounts payable to such a member in accordance with a determination made by the Remuneration Tribunal.

(4)Subsections (2) and (3) have effect subject to the Remuneration Tribunal Act 1973.

(5)In this section, a reference to a Chairperson of a committee does not include a reference to a person elected to preside at a meeting of the committee.

Part 6 · Application and transitional provisions

Division 1 · National Health Regulations 2026

13Application—quorum for proceedings of Committee of Inquiry#

Section 9 applies in relation to proceedings of a Committee of Inquiry on or after 1 October 2026, regardless of whether the proceedings commenced before, on or after that day.

14Application—disclosing information to body#

Section 11 applies in relation to the disclosure of information by an officer on or after 1 October 2026, regardless of whether the information was obtained or generated by the officer (in the performance of the officer’s duties or functions, or in the exercise of the officer’s powers, under the Act) before, on or after that day.

15Things done under the National Health Regulation2016#

If:

(a)a thing was done for a particular purpose under the National Health Regulation 2016 as in force immediately before 1 October 2026; and

(b)the thing could be done for that purpose under this instrument;

the thing has effect for the purposes of this instrument as if it had been done for that purpose under this instrument.

Schedule 1 · Repeals

National Health Regulation 2016 #

1 The whole of the instrument

Repeal the instrument.

Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.

1Name#

2Commencement#

3Authority#

4Schedules#

5Definitions#

6Prescribed medical or surgical aids, equipment and appliances#

7Preliminary#

8Meetings#

9Quorum#

10Record of proceedings#

11Disclosure to person or body for specified purpose#

12Fees and allowances for members of committees#

13Application—quorum for proceedings of Committee of Inquiry#

14Application—disclosing information to body#

15Things done under the National Health Regulation2016#

Defined terms · 3

History · 1 version

Key facts

1Name#

2Commencement#

3Authority#

4Schedules#

5Definitions#

6Prescribed medical or surgical aids, equipment and appliances#

7Preliminary#

8Meetings#

9Quorum#

10Record of proceedings#

11Disclosure to person or body for specified purpose#

12Fees and allowances for members of committees#

13Application—quorum for proceedings of Committee of Inquiry#

14Application—disclosing information to body#

15Things done under the National Health Regulation2016#