Health Legislation Amendment Act (No. 2) 1983 (Cth)
PART I—PRELIMINARY
Section
1. Short title
2. Commencement
PART II—AMENDMENTS OF THE HEALTH INSURANCE ACT 1973
3. Principal Act
4. Interpretation
5. Disadvantaged persons, being persons on low incomes
6. Disadvantaged persons, being persons in receipt of unemployment benefit
7. Disadvantaged persons, being persons in receipt of special benefit
8. Medicare benefit not payable in respect of certain medical expenses
9. Issue of certificates relating to approval and categorization
10. Review of decisions
11. Advances
12. Appointment to vacant office
13. Repeal of section 120 and substitution of new section—
120. No costs in proceedings before Tribunal
14. Costs of applications
15. Prosecutions
16. Insertion of new section after section 130—
130aa. Prosecution of offences
17. Statement to be furnished concerning disadvantaged person, &c., when required
TABLE OF PROVISIONS—continued
Section
PART III—AMENDMENTS OF THE MEDICAL RESEARCH ENDOWMENT ACT 1937
18. Principal Act
19. Interpretation
20. Repeal of sections 3, 4 and 5 and substitution of new sections—
3. Medical Research Endowment Fund
4. Payments into Fund
21. Application of Fund
22. Repeal of sections 7, 8 and 9 and substitution of new sections—
7. Application of gifts or bequests
8. Moneys repaid to Commonwealth
9. Annual reports
23. Transitional
PART IV—AMENDMENTS OF THE NATIONAL HEALTH ACT 1953
24. Principal Act
25. Interpretation
26. Delegation
27. Interpretation
28. Approved patient
29. Approved attendants and approved escorts
30. Travel allowance
31. Accommodation allowance
32. Insertion of new section after section 18—
18a. Advances of payment under this Part
33. Interpretation
34. Insertion of new section after section 39—
39a. Approval in principle of nursing home, &c.
35. Approval of nursing home
36. Approval of admission of a person to an approved nursing home
37. Review by Minister of refusal of approval of admission to nursing home
38. Alteration of conditions applicable to a nursing home
39. Review by Minister of decisions relating to scales of fees
40. Patients requiring extensive care
41. Certificate of approval
42. Repeal of section 42 and substitution of new section—
42. Inspection of, and of records of, approved nursing homes
43. Notice of change of proprietor of an approved nursing home, &c.
44. Furnishing of audited accounts of proprietors of certain approved nursing homes
45. Variation or revocation of approval
46. Review by Minister
47. Revocation or extension of suspension
48. Insertion of new section after section 45b—
45c. Principles under sections 39a and 40aa
49. Records to be kept by proprietors of approved nursing homes
50. Offences
51. Prosecutions
52. Interpretation
53. Friendly society dispensaries
54. Insertion of new section after section 105aaa—
105aab. Applications for review by Tribunal of certain decisions under Part V
55. Statements to accompany notification of decision
56. Repeal of section 135a and substitution of new sections—
135a. Officers to observe secrecy
135b. Prosecution of offences
57. Exercise of Permanent Head’s powers subject to directions of Minister
TABLE OF PROVISIONS—continued
PART V—AMENDMENTS OF THE NURSING HOMES ASSISTANCE ACT 1974
Section
58. Principal Act
59. Interpretation
60. Insertion of new section after section 3—
3a. Approval in principle of nursing home, &c.
61. Approval of nursing home
62. Application of National Health Act
63. Approval of additional services
64. Inspection of premises and provision of information
65. Certificate of approval
66. Alteration of conditions applicable to a nursing home
67. Application by proprietor of nursing home for alteration of conditions
68. Variation or revocation of approval
69. Insertion of new sections after section 11 —
11a. Review of decisions
11b. Statements to accompany notification of decision
11c. Inspection of, and of records of, approved nursing homes
70. Agreement with proprietor of nursing home
71. Notice of change of proprietor of an approved nursing home, &c.
72. Offences
73. Repeal of section 30b and substitution of new section—
30b. Prosecution of offences
74. Insertion of new section after section 31—
31a. Principles under sections 3a and 4
75. Repeal of section 35 and substitution of new section—
35. Delegation
PART VI—SAVINGS
76. Savings
[
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
(a) by inserting after the definition of “practitioner” in sub-section (1) the following definition:
“‘prescribed dental patient’ means a person—
(a) in respect of whom there is issued a certificate in accordance with the approved form by a medical practitioner or a dental practitioner who is approved by the Minister in writing for the purposes of this definition stating that the person is suffering from a cleft lip or cleft palate condition; and
(b) who has not attained the age of 22 years;”;
(b) by omitting “referred” from paragraph (ba) of the definition of “professional service” in sub-section (1) and substituting “prescribed”; and
(c) by omitting from sub-section (1) the definitions of “referred dental patient” and “referring practitioner”.
“(3a) A reference in this Act to an agreement entered into between a medical practitioner and a recognized hospital shall, in a case where the recognized hospital is situated in the Australian Capital Territory (including the Jervis Bay Territory), be read as a reference to an agreement entered into between a medical practitioner and the Capital Territory Health Commission.”.
(a) by omitting from sub-section (12) the definition of “child” and substituting the following definition:
“‘child’, in relation to a person, means a child (whether or not under the age of 16 years) in respect of whom family allowance under Part VI of the
Social Security Act 1947 is payable to the person or to the spouse of the person otherwise than by virtue of the operation of section 6b of that Act;”; and(b) by omitting “child endowment” from paragraph (a) of the definition of “income” in sub-section (12) and substituting “family allowance”.
(a) by omitting sub-section (1) and substituting the following sub-sections:
“(1) Where—
(a) at any time on or after 14 November 1983, following an investigation of the income of an eligible person during a period, 1 or more instalments of unemployment benefit are paid to the person;
(b) the Director-General of Social Security is satisfied that, in respect of the period of 2 weeks ending on the expiration of that first-mentioned period, the person is not a prescribed person within the meaning of section 83ca of the
Social Security Act 1947; and(c) there is no declaration in force under this section in respect of the person,
the Director-General shall declare the person to be a disadvantaged person within the meaning of this section in respect of a period specified in the declaration, being a period of 12 weeks commencing on the last day of the first-mentioned period.
“(1a) Where—
(a) a declaration under this section is in force in respect of a person;
(b) following an investigation of the income of the person during a period of 2 weeks expiring during, or upon the expiration of, the period of 2 weeks immediately preceding the expiration of the period specified in the declaration, a determination is made to pay unemployment benefit to the person; and
(c) the Director-General of Social Security is satisfied that, in respect of the first-mentioned period, the person is not a prescribed person within the meaning of section 83ca of the
Social Security Act 1947, the Director-General shall declare the person to be a disadvantaged person within the meaning of this section in respect of a period specified in the declaration, being a period of 12 weeks commencing on the expiration of the period specified in the first-mentioned declaration.”;
(b) by inserting in sub-sections (2), (3) and (7) “or (1a)” after “sub-section (1)”; and
(c) by omitting sub-section (5) and substituting the following sub-section:
“(5) Where, on a consideration, at any time, of the application of sub-section (1) or (1a) to a person, the Director-General of Social Security is not satisfied that, in respect of the relevant period for the purposes of sub-section (1) or (1A), as the case may be, the person was not a prescribed person within the meaning of section 83ca of the
Social Security Act 1947, the Director-General shall record a decision accordingly.”.
(a) by omitting from sub-section (1) “1 September 1981” and substituting “14 November 1983”;
(b) by omitting from paragraph (1) (a) “and”;
(c) by inserting after paragraph (1) (a) the following paragraph:
“(aa) there is no declaration in force under this section in respect of the person; and”;
(d) by omitting from sub-section (1) “3 weeks” and substituting “12 weeks”;
(e) by omitting sub-sections (3) and (4) and substituting the following sub-section:
“(3) Where—
(a) a declaration under this section is in force in respect of a person;
(b) following an investigation of the income of the person during a period of 2 weeks expiring during, or upon the expiration of, the period of 2 weeks immediately preceding the expiration of the period specified in the declaration, a determination is made to pay special benefit to the person; and
(c) the Director-General of Social Security is satisfied that, in respect of the first-mentioned period, the person is not a
prescribed person within the meaning of section 83ca of the
Social Security Act 1947, the Director-General shall declare the person to be a disadvantaged person within the meaning of this section in respect of a period specified in the declaration, being a period of 12 weeks commencing on the expiration of the period specified in the first-mentioned declaration.”;
(f) by omitting from sub-section (5) “1 September 1981” and substituting “14 November 1983”;
(g) by omitting from sub-section (5) “that ended a week before the date of the payment” and substituting “immediately preceding the period referred to in paragraph (a)”;
(h) by omitting from sub-section (5) “3 weeks” and substituting “12 weeks”;
(j) by omitting from sub-sections (6), (7) and (11) “, (4)” (wherever occurring);
(k) by omitting sub-section (8);
(m) by omitting paragraphs (9) (b) and (c) and substituting the following word and paragraph:
“or (b) on a consideration, at any time, of the application of sub-section (3) or (5) to a person of the kind referred to in that sub-section,”; and
(n) by omitting from sub-section (9) “, (4)” (last occurring).
“‘decision’ has the same meaning as in the
Administrative Appeals Tribunal Act 1975.”.
“120. Costs shall not be allowed in respect of proceedings before a Tribunal.”.
relation to a person charged with an offence referred to in sub-section (1) of that section before the commencement of this section, as if that repeal had not been effected.
“130aa. (1) Subject to sub-section (2), an offence against sub-section 129 (1), (1a) or (2) or section 129aa or 129aaa is an indictable offence.
“(2) A court of summary jurisdiction may hear and determine proceedings in respect of an offence referred to in sub-section (1) if the court is satisfied that it is proper to do so and the defendant and the prosecutor consent.
“(3) Where, in accordance with sub-section (2), a court of summary jurisdiction convicts a person of an offence referred to in that sub-section, the penalty that the court may impose is a fine not exceeding $1,000 or imprisonment for a period not exceeding 6 months.”.
(a) by omitting “the seventeenth day of September, One thousand nine hundred and thirty-six” from the definition of “the Council” and substituting “17 September 1936”;
(b) by inserting after the definition of “the Council” the following definition:
“‘the former Fund’ means the Medical Research Endowment Fund that was established by this Act on 3 July 1937;”; and
(c) by adding at the end thereof the following definition:
“‘the proclaimed date’ means the date of commencement of Part III of the
Health Legislation Amendment Act (No. 2 )1983.”.
“3. (1) There is established by this sub-section a fund, to be known as the Medical Research Endowment Fund.
“(2) Income received from the investment of moneys standing to the credit of the Fund forms part of the Fund.
“(3) The Fund is a Trust Account
for the purposes of section 62a of
the
“4. There shall be paid into the Fund—
(a) such amounts as are appropriated from time to time by the Parliament;
(b) such amounts, being gifts or bequests, as are given or made for the purposes of the Fund; and
(c) the amount standing to the credit of the former Fund immediately before the proclaimed date.”.
“7. (1) Notwithstanding anything in
this Act (other than sub-section (2) of this section) or the
“(2) Separate accounts shall be kept of moneys standing to the credit of the Fund representing amounts to which sub-section (1) applies.
“8. Moneys repaid to the Commonwealth in accordance with a condition determined under sub-section 6 (2) shall be paid into the Fund.
“9. (1) The Minister shall, as soon as practicable after 31 December in each year and, in any event, before the 30 September next following that
31 December, cause to be prepared a report on the administration of this Act during the first-mentioned year.
“(2) The Minister shall cause a copy of a report prepared under sub-section (1) to be laid before each House of the Parliament within 15 sitting days of that House after the day on which the preparation of that report is completed.
“(3) A report under sub-section (1) in respect of a year shall set out details of—
(a) the moneys paid into and out of the Fund during that year; and
(b) the medical research carried out with the assistance of moneys paid out of the Fund during that year.”.
“6. (1) The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to a person (including the Permanent Head) all or any of his powers under this Act or the regulations, other than—
(a) this power of delegation; or
(b) his powers under section 95.
“(2) A power so delegated under sub-section (1), when exercised by the delegate, shall, for the purposes of this Act or the regulations, be deemed to have been exercised by the Minister.
“(3) A delegate under sub-section (1) is, in the exercise of a power so delegated, subject to the directions (if any) of the Minister.
“(4) A delegation under sub-section (1) does not prevent the exercise of a power by the Minister.
“(5) The Permanent Head may, either generally as otherwise provided by the instrument of delegation, by writing signed by him, delegate to a person all or any of his powers under this Act or the regulations other than—
(a) this power of delegation; or
(b) his powers under section 95.
“(6) A power so delegated under sub-section (5), when exercised by the delegate, shall, for the purposes of this Act or the regulations, be deemed to have been exercised by the Permanent Head.
“(7) A delegate under sub-section (5) is, in the exercise of a power so delegated, subject to the directions (if any) of the Permanent Head.
“(8) A delegation under sub-section (5) does not prevent the exercise of a power by the Permanent Head.”.
“‘referring practitioner’, in relation to a patient, means—
(a) in the case of a patient to whom an application under sub-section (1) of section 13 relates—the medical practitioner, optometrist or dental practitioner who made the reference referred to in that application;
(b) in the case of a patient to whom an application under sub-section (1a) of section 13 relates—the medical practitioner or dental practitioner who made the reference referred to in that application; or
(c) in the case of a prescribed dental patient to whom an application under sub-section (1c) of section 13 relates—the medical practitioner or dental practitioner who made the reference referred to in that application;”.
(a) by omitting sub-section (1) and substituting the following sub-section:
“(1) Where a person who resides in an isolated area—
(a) has been referred by a medical practitioner to a specialist or a consultant physician;
(b) has been referred by an optometrist to a specialist, being an ophthalmologist; or
(c) has, arising out of the rendering to the person of a dental service by a dental practitioner, been referred by the dental practitioner to a specialist or a consultant physician,
for the rendering to the person of a professional service by the specialist or consultant physician in the practice of his speciality, an application, in accordance with a form approved by the Minister, may be made to the Permanent Head by, or on behalf of, the person for the approval by the Permanent Head of the person as an approved patient in relation to the rendering of the professional service.”;
(b) by omitting sub-section (1c) and substituting the following sub-section:
“(1c) Where a person who is a prescribed dental patient and who resides in an isolated area has been referred by a medical practitioner or a dental practitioner for the rendering to the person by an accredited dental practitioner of a service that, by virtue of paragraph (ba) of the definition of “professional service” in sub-section (1) of section 3 of the
Health Insurance Act 1973, is a professional service for the purposes of that Act, an application, in accordance with a form approved by the Minister, may be made to the Permanent Head by, or on behalf of, theperson for the approval by the Permanent Head of the person as an approved patient in relation to the rendering of that professional service.”;
(c) by inserting before sub-section (2) the following sub-sections:
“(1d) Where—
(a) a person who resides in an isolated area is referred as mentioned in sub-section (1) to a specialist or consultant physician for the rendering to the person of a professional service by the specialist or consultant physician in the practice of his speciality; and
(b) the specialist or consultant physician determines that it is reasonably necessary for the adequate medical care of the person that the specialist or the consultant physician, as the case may be, render another such professional service, or other such professional services, to the person,
this Part applies in relation to each such other professional service as if the person had been referred, as mentioned in sub-section (1), to the specialist or consultant physician, as the case may be, for the rendering to him of the last-mentioned professional service.
“(1e) Where—
(a) a person who resides in an isolated area is referred as mentioned in sub-section (1a) to an approved dental practitioner within the meaning of that sub-section for the rendering to the person of a professional service of the kind referred to in that sub-section; and
(b) the approved dental practitioner determines that it is reasonably necessary for the adequate medical or dental care of the person that the approved dental practitioner render another such professional service, or other such professional services, to the person,
this Part applies in relation to each such other professional service as if the person had been referred, as mentioned in sub-section (1a), to the approved dental practitioner for the rendering to him of the last-mentioned professional service.
“(1f) Where—
(a) a person who is a prescribed dental patient and who resides in an isolated area has been referred as mentioned in sub-section (1c) to an accredited dental practitioner for the rendering to the person of a professional service of the kind referred to in that sub-section; and
(b) the accredited dental practitioner determines that it is reasonably necessary for the adequate medical or dental care of the person that the accredited dental practitioner render
another such professional service, or other such professional services, to the person,
this Part applies in relation to each such other professional service as if the person had been referred, as mentioned in sub-section (1c), to the accredited dental practitioner for the rendering to him of the last-mentioned professional service.
“(1g) Nothing in this Part precludes 2 or more applications under this section from being contained in the same instrument.”; and
(d) by inserting after paragraph (2) (a) the following paragraph:
“(aa) by virtue of sub-section 19 (1), (3), (4) or (5) of the
Health Insurance Act 1973, a Commonwealth medical benefit is not payable in respect of the professional service concerned;”.
(a) an application was made under sub-section 13 (1c) of the Principal Act to the Permanent Head before the date of commencement of sub-section (1) for approval of a person as an approved patient in relation to the rendering to him by the accredited dental practitioner to whom he has been referred of a service, that, by virtue of paragraph (ba) of the definition of “professional service” in sub-section 3 (1) of the
Health Insurance Act 1973 as in force immediately before that date was a professional service for the purposes of that Act as so in force; and(b) immediately before that date, the Permanent Head had neither approved, nor refused to approve, under sub-section 13 (3) of the Principal Act, the person as an approved patient in relation to the rendering to him of the professional service,
the
application has effect, in relation to a service rendered on or after that
date, as if it were an application made under sub-section 13 (1c) of the Principal Act as amended by
this Act for approval of the person as an approved patient in relation to the
rendering to him by the accredited dental practitioner of the first-mentioned
service, being a service that, by virtue of paragraph (ba) of the definition of
“professional service” in sub-section 3 (1) of the
practitioner
of a service, that, by virtue of paragraph (ba) of the definition of “professional
service” in sub-section 3 (1) of the
(a) at a time before the date of commencement of sub-section (1), a service that, by virtue of paragraph (ba) of the definition of “professional service” in sub-section 3 (1) of the
Health Insurance Act 1973 as in force at that time, was a professional service for the purposes of that Act as so in force was rendered to a person, being a referred dental patient; and(b) immediately before that date, the Permanent Head had neither approved, nor refused to approve, under sub-section 13 (3) of the Principal Act, the person as an approved patient in relation to the rendering to him of the professional service,
the Principal Act as amended by this Act has effect, in relation to that service, as if the amendment made by paragraph (1) (b) had not been made.
(a) at a time during the period commencing on 1 January 1981 and expiring on the date of commencement of sub-section (1), a service was rendered to a person in respect of whom there was not issued a certificate of the kind referred to in paragraph (a) of the definition of “referred dental patient” in sub-section 3 (1) of the
Health Insurance Act 1973 as in force at that time, being a service that, if such a certificate in respect of the person had been issued, would have been a service that, by virtue of paragraph (ba) of the definition of “professional service” in sub-section 3 (1) of theHealth Insurance Act 1973 as so in force, was a professional service for the purposes of that Act as so in force; and(b) the Permanent Head is satisfied that the person was suffering from a cleft lip or cleft palate condition at that time,
the Principal Act has, and shall be deemed to have had, effect as if such a certificate in respect of the person had been issued.
(a) by omitting from sub-sections (1), (2) and (3) “referring medical or dental practitioner” (wherever occurring) and substituting “referring practitioner or the treating practitioner”; and
(b) by adding at the end thereof the following sub-section:
“(6) In this section, ‘treating practitioner’, in relation to a patient, means the medical or dental practitioner who rendered, or is to render, the relevant professional service to the patient.”.
“(6) Where a person, being an approved patient, an approved attendant or an approved escort, commences a relevant journey and dies at a time before completing the journey, a travel allowance is payable in accordance with the preceding provisions of this section as if the person had not died at that time and—
(a) unless paragraph (b) applies—the person had completed the relevant journey and had died immediately after so completing the journey; or
(b) if the person was an approved patient who was accompanied by an approved attendant or an approved escort during so much of the relevant journey as was completed before that time—the person had completed the journey in the company of the approved attendant or the approved escort, as the case may be, and had died immediately after so completing the journey.
“(7) Where a person, being an approved patient, an approved attendant or an approved escort, completes a relevant journey to the place of treatment and dies at the place of treatment at a time before commencing a relevant journey from the place of treatment to the place of residence of the approved patient, a travel allowance is payable in accordance with this section as if the person had not died at that time and had, immediately after that time, undertaken a relevant journey to the place of residence of the approved patient by the approved means of travel and had died immediately after completing such a journey.”.
“(2) The amount of an accommodation allowance for a night is whichever is the lesser of—
(a) the cost of the accommodation obtained for the night; or
(b) if a determination of an amount as the maximum allowable overnight cost in relation to a class of accommodation in which the accommodation is included is in force under sub-section (2a) at the time when the cost of the accommodation is incurred—that amount.
“(2a)
For the purposes of this section, the Permanent Head may, by instrument in
writing published in the
“18a. (1) Where the Permanent Head is satisfied that, by reason of hardship or other special circumstances, it is appropriate to do so, he may, at any time during the period away from home of an approved patient, on behalf of the Commonwealth, make advances on account of a payment under this Part that may become payable to the approved patient in relation to that period to the approved patient or to another person on his behalf.
“(2) If, at the expiration of the period away from home of an approved patient, the approved patient has received an amount, by way of advances on account of a payment under this Part that may become payable to him in relation to that period, that is greater than the amount (if any) that became payable to him under this Part in relation to that period, the approved patient is liable to pay to the Commonwealth the amount of the excess.
“(3) Where a person is liable to pay an amount to the Commonwealth under this section—
(a) the amount may be recovered, as a debt due to the Commonwealth, by action in a court of competent jurisdiction; and
(b) the amount may be deducted from any other amount that is payable to the person under this Part, and where an amount is so deducted, the other amount shall, notwithstanding the deduction, be deemed to have been paid in full to the person.”.
“39a.
(1) Upon application made in accordance with the appropriate authorized form by
a person who is, or proposes to become, the proprietor of a nursing home, the
Minister may, in his discretion, by notice published in the
“(2) Upon application made in accordance with the appropriate authorized form in response to an invitation under sub-section (1) by a person who is, or proposes to become, the proprietor of a nursing home, the Minister may, in his discretion, grant to the applicant a certificate in writing—
(a) stating that if the applicant applies under sub-section 40aa (1) of this Act within the period of 12 months after the grant of the certificate for the approval of premises specified in the certificate as an approved nursing home and the premises comply, at the time of that last-mentioned application, with the specifications (if any) set out in the certificate, that last-mentioned application will not be refused under sub-section 40aa (3) or (3a) of this Act;
(b) stating that if that approval is granted, the number of beds determined in relation to the nursing home for the purposes of paragraph 40aa (6) (a) of this Act will not be less than the number of beds specified in the certificate; and
(c) in a case where the Minister considers it appropriate to do so—stating that if that approval is granted, the admission of persons to the nursing home as qualified nursing home patients will be in accordance with a special purpose of the nursing home specified in the certificate.
“(3) Upon application made in accordance with the appropriate authorized form in response to an invitation under sub-section (1) by the proprietor of an approved nursing home who proposes to make an alteration or addition to the premises occupied by the nursing home, the purpose of which is,
or the effect of which will be, to enable the number of beds available in the nursing home for qualified nursing home patients Repatriation nursing home patients to be increased, the Minister may, in his discretion, grant to the applicant a certificate in writing—
(a) approving that alteration or addition;
(b) stating that if, within the period of 12 months after the grant of the certificate, the alteration or addition so approved has been completed in accordance with the specifications (if any) set out in the certificate and the applicant applies under sub-section 40ad (1) of this Act for the Minister to alter the conditions applicable to the nursing home by substituting for the number of beds determined in relation to the nursing home for the purposes of paragraph 40aa (6) (a) of this Act a number of beds not exceeding such other number as is specified in the certificate, that last-mentioned application will not be refused; and
(c) in a case where the Minister considers it appropriate to do—stating that if the Minister so alters the conditions applicable to the nursing home, the admission of persons to the nursing home as qualified nursing home patients (whether or not those patients occupy the beds to which the alteration or addition relates) will be in accordance with a special purpose of the nursing home specified in the certificate.
“(4) Upon application made in accordance with the appropriate authorized form by the holder of a certificate in force under sub-section (2) or (3), the Minister may, in his discretion, vary the certificate—
(a) by deleting the period specified in the certificate (including a period substituted by virtue of a previous application or applications of this sub-section) and substituting such longer period as he determines;
(b) by deleting the number of beds specified in the certificate (including a number substituted by virtue of a previous application or applications of this sub-section) and substituting such other number as he determines;
(c) if specifications are set out in the certificate (including specifications substituted by virtue of a previous application or applications of this sub-section)—by deleting those specifications and, if the Minister considers it appropriate to do so, by substituting such other specifications as he determines; or
(d) if a special purpose is specified in the certificate (including a special purpose substituted by virtue of a previous application or applications of this sub-section)—by deleting that special purpose and, if the Minister considers it appropriate to do so, by substituting such other special purpose as he determines.
“(5) The Minister, in exercising his powers under sub-section (1), (2), (3) or (4), shall comply with any relevant principles in force under sub-section (6).
“(6) The Minister may, by instrument in writing, formulate principles to be complied with by him with respect to any of his powers under sub-sections (1), (2), (3) and (4).
“(7) In formulating principles under sub-section (6), the Minister shall have regard to all matters he considers relevant, including, but without limiting the generality of the foregoing—
(a) the suitability of an applicant for a certificate under sub-section (2) to be the proprietor of an approved nursing home;
(b) the need to control unnecessary growth in the numbers of approved nursing homes within the meaning of this Act or the
Nursing Homes Assistance Act 1974; and(c) the availability of forms of care other than nursing home care within the meaning of this Act or the
Nursing Homes Assistance Act 1974, including domiciliary and day care and care provided by hostels, hospitals and other institutions and by community services.
“(8) A matter shall not be taken
not to be a relevant matter for the purposes of sub-section (7) by reason only
that it is not connected with a matter of a kind referred to in paragraph 40aa (3) (b) of this Act or in paragraph
4 (3) (b) of the
“(9) An application under sub-section (2), (3) or (4) shall be accompanied by such further information and documents (if any) as are prescribed.
“(10) A certificate under this section comes into force on the day on which it is granted and remains in force until the expiration of the period specified in the certificate.
“(11) Upon application in writing by the holder of a certificate in force under this section, the Minister shall revoke the certificate.
“(12) Nothing in this Act or the
(a) an application under this section and an application under section 3a of that Act; or
(b) a certificate under this section and a certificate under section 3a of that Act,
from being contained in the same instrument.
“(13) Where the Minister makes a decision—
(a) under sub-section (1) refusing an application; or
(b) under sub-section (2), (3) or (4),
he
shall cause to be published in the
(c) that sets out such particulars in relation to the decision as he considers to be appropriate; and
(d) that includes a statement to the effect that a person affected by the decision may, if he is dissatisfied with the decision, seek a reconsideration of the decision by the Minister in accordance with sub-section 105aab (2a).
“(14) Where the Minister makes a decision under sub-section (1), (2), (3) or (4) refusing, or otherwise than in accordance with, an application, he shall cause to be served, either personally or by post, on the applicant, a notice in writing setting out that decision and the findings on material questions of fact, referring to the evidence or other material on which those findings were based and giving the reasons for that decision.
“(15) Without limiting the generality of the special purposes that may be specified under this section, a purpose so specified may make provision for a quota or quotas of patients of a particular kind or kinds.”.
(a) by inserting in paragraph (3) (b) “under this section and premises approved, or proposed to be approved, as nursing homes under the
Nursing Homes Assistance Act 1974” after “approved as nursing homes”; and(b) by omitting from sub-section (3) all the words after “unless the applicant” and substituting “had, within the period of 12 months, or such longer period as the Permanent Head allowed, before the application is made, informed the Permanent Head, in writing, that the applicant proposed to make the application, or to make application for approval of the premises under section 4 of the
Nursing Homes Assistance Act 1974, and the Permanent Head had informed the applicant, in writing, that the application for approval of the premises would not be refused under this sub-section, or under sub-section (3) of that section, as the case may be”.
(a) by omitting from sub-section (1) “premises, being a nursing home,” and substituting “a nursing home”;
(b) by inserting in sub-section (1) “occupied by the nursing home” after “premises” (last occurring);
(c) by inserting in sub-section (2) “occupied by” after “are”;
(d) by omitting from sub-section (2), paragraph (3) (b), sub-sections (4) and (5) and paragraphs (6) (a) and (b) “Permanent Head” (wherever occurring) and substituting “Minister”;
(e) by inserting after sub-section (3) the following sub-sections:
“(3a) On and after the date on which the
Health Legislation Amendment Bill (No. 2 )1983 was introduced into the House of Representatives, the Permanent Head shall not exercise his powers under sub-section (3) to inform a person that an application for approval of premises would not be refused.“(3b) In exercising his powers under sub-section (3) of this section, as in force from time to time, to inform a person that an application for approval of premises would not be refused under that sub-section or
under sub-section 4 (3) of the
Nursing Homes Assistance Act 1974, the Permanent Head shall be deemed always to have been required to have regard to all matters he considered relevant, including, but without limiting the generality of the foregoing—(a) the suitability of the person to be the proprietor of an approved nursing home;
(b) the need to control unnecessary growth in the number of approved nursing homes within the meaning of this Act or the
Nursing Homes Assistance Act 1974; and(c) the availability of forms of care other than nursing home care within the meaning of this Act or the
Nursing Homes Assistance Act 1974, including domiciliary and day care and care provided by hostels, hospitals and other institutions and by community services.“(3c) A matter shall not be taken not to have been a relevant matter for the purposes of sub-section (3b) by reason only that it was not connected with a matter of a kind referred to in paragraph (3) (b) of this section or in paragraph 4 (3) (b) of the
Nursing Homes Assistance Act 1974”; (f) by omitting paragraph (6) (d) and substituting the following paragraph:
“(d) any other conditions determined by the Minister for the purpose of—
(i) ensuring that the needs of qualified nursing home patients or Repatriation nursing home patients in the nursing home are satisfactorily provided for; or
(ii) otherwise protecting the welfare and interests of qualified nursing home patients or Repatriation nursing home patients in the nursing home”;
(g) by inserting after sub-section (6a) the following sub-section:
“(6b) Without limiting the generality of sub-paragraph (6) (d) (ii), conditions determined under paragraph (6) (d) by virtue of that sub-paragraph may include conditions relating to the liability of the proprietor of a nursing home and other persons for any loss, injury or damage incurred or suffered by qualified nursing home patients or Repatriation nursing home patients in the nursing home.”;
(h) by omitting from paragraph (8) (a) “the prior approval of the Permanent Head” and substituting “prior approval”;
(j) by omitting from sub-section (8) “Permanent Head” (second and third occurring) and substituting “Minister”;
(k) by omitting from sub-paragraph (8) (b) (i) “his”;
(m) by omitting from sub-paragraph (8) (b) (ii) “he would have approved the admission” and substituting “the application would have been approved”; and
(n) by omitting sub-section (10).
(a) by omitting from sub-section (3) all the words after “unless the applicant” and substituting “is the holder of a certificate in force under sub-section 39a (2) that relates to the premises and the Minister is satisfied that the premises comply with any specifications set out in the certificate”;
(b) by omitting sub-sections (3a), (3b) and (3c) and substituting the following sub-sections:
“(3a) Where application is made under sub-section (1) for approval of premises as an approved nursing home and—
(a) the applicant is not the holder of a certificate in force under sub-section 39a (2) that relates to the premises; or
(b) the applicant is the holder of a certificate in force under sub-section 39a (2) that relates to the premises but the Minister is not satisfied that the premises comply with any specifications set out in the certificate,
the Minister may refuse the application.
“(3b) The Minister, in exercising his powers under sub-section (3a) to refuse an application for approval of premises as an approved nursing home, shall comply with any relevant principles in force under sub-section (3c).
“(3c) The Minister may, by instrument in writing, formulate principles to be complied with by him with respect to his powers under sub-section (3a) to refuse an application for approval of premises as an approved nursing home.
“(3d) In formulating principles under sub-section (3c), the Minister shall have regard to all matters he considers relevant, including, but without limiting the generality of the foregoing—
(a) the suitability of an applicant under sub-section (1) to be the proprietor of an approved nursing home;
(b) the need to control unnecessary growth in the numbers of approved nursing homes within the meaning of this Act or the
Nursing Homes Assistance Act 1974; and(c) the availability of forms of care other than nursing home care within the meaning of this Act or the
Nursing Homes Assistance Act 1974, including domiciliary and day care and care provided by hostels, hospitals and other institutions and by community services.”;(c) by omitting from paragraph (6) (a) “without the approval of the Minister” and substituting “unless the proprietor of the nursing home is the holder of a certificate in force under sub-section 39a (3) approving those alterations or additions”;
(d) by inserting after sub-section (6) the following sub-section:
“(6aa) Where, immediately before the date on which application was made for approval of premises as an approved nursing home, the proprietor of the nursing home was the holder of a certificate in force under sub-section 39a (2) in relation to the nursing home, the Minister shall not exercise his powers under paragraph (6) (a) to determine a number of beds in relation to the nursing home in a manner inconsistent with that certificate.”; and
(e) by omitting sub-sections (7c) to (7f) (inclusive).
(a) by omitting from sub-section (6) “, except in the case of a Government nursing home,”;
(b) by inserting in paragraph (6) (c) “, except in the case of a Government nursing home” after “a condition that”; and
(c) by inserting in paragraph (6) (ca) “except in the case of a Government nursing home,” after “a condition that”.
(a) an application was made to the Permanent Head under sub-section 40aa (1) of the Principal Act before the date of commencement of sub-section (2) of this section; and
(b) immediately before that date, the Permanent Head had neither approved, nor refused to approve, the application,
the application has effect, on and after that date, as if it were an application made to the Minister under sub-section 40aa (1) of the Principal Act as amended by this Act.
(a) before the date of commencement of sub-section (3) of this section, the Permanent Head had informed a person, under sub-section 40aa (3) of the Principal Act, that an application for approval of premises would not be refused under that sub-section of that Act or under sub-section 4 (3) of the
Nursing Homes Assistance Act 1974; and(b) the person applies, on or after that date, under sub-section 40aa (1) of the Principal Act as amended by this Act, for approval of those premises as an approved nursing home,
then—
(c) sub-section 40aa (3) of the Principal Act as amended by sub-section (3) of this section has effect, in relation to that application, as if the amendment made by paragraph (3) (a) of this section had not been made; and
(d) sub-section 40aa (3a) of the Principal Act as amended by sub-section (3) of this section does not apply in relation to the application.
(a) by omitting from sub-sections (1), (3), (4) and (4a) “Permanent Head” (wherever occurring) and substituting “Minister”;
(b) by omitting from sub-section (3) “Where the “ and substituting “Subject to this section, where the”;
(c) by omitting from sub-section (3) all the words after “application” (second occurring); and
(d) by omitting sub-section (5) and substituting the following sub-sections:
“(5) Where the Minister makes a decision under this section refusing to approve an application for the admission of a person to an approved nursing home, he shall cause to be served, either personally or by post, on the applicant for that admission, a notice in writing setting out that decision.
“(6) Without limiting the generality of directions that may be given under section 6 to a delegate of a power under this section or sub-section 40aa (8), such a direction may make provision—
(a) requiring the delegate to exercise his delegated powers in accordance with the views of a group of persons;
(b) for the manner in which that group is to be constituted; and
(c) for the procedures to be followed in ascertaining the views of that group.”.
“(4aa) Where, immediately before the date on which application was made for approval of premises as an approved nursing home or for an alteration of the conditions applicable to the nursing home of the kind referred to in paragraph 39a (3) (b), a certificate was in force under section 39a specifying a special purpose in relation to the nursing home, the Minister may refuse to approve an application for the admission of a person to the nursing home if he is satisfied that the admission of the person would be inconsistent with that special purpose.”.
(a) an application was made to the Permanent Head under section 40ab of the Principal Act before the date of commencement of sub-section (1) of this section; and
(b) immediately before that date, the Permanent Head had neither approved, nor refused to approve, the application,
the application has effect, on and after that date, as if it were an application made to the Minister under section 40ab of the Principal Act as amended by this Act.
of a kind referred to in paragraph (1) (a) or (b) of that section made before that date, as if—
(a) sub-section (3) of that section were amended by omitting “of the Permanent Head”; and
(b) that repeal had not been effected.
(a) by omitting sub-section (1) and substituting the following sub-sections:
“(1) The Minister may, at any time, on application in writing made under this sub-section by the proprietor of a nursing home, alter the conditions applicable to the nursing home by substituting for the number of beds determined in relation to the nursing home for the purposes of paragraph 40aa (6) (a) such other number as is determined by the Minister.
“(1a) Where the Minister is satisfied that the average rate of utilization, by qualified nursing home patients and Repatriation nursing home patients, of the number of beds determined in relation to a nursing home for the purposes of paragraph 40aa (6) (a) is less than such rate as he determines to be the minimum acceptable rate of utilization in relation to the nursing home, the Minister may, at any time, on application in writing made under this sub-section by the proprietor of the nursing home or otherwise, alter the conditions applicable to the nursing home by substituting for the number of beds determined in relation to the nursing home for the purposes of paragraph 40aa (6) (a) such lesser number as is determined by the Minister.
“(1b) The Permanent Head may, at any time, on application in writing made under this sub-section by the proprietor of a nursing home or otherwise, alter the conditions applicable to the nursing home by substituting for the scale of fees determined in relation to the nursing home for the purposes of sub-paragraph 40aa (6) (c) (i) such other scale of fees as is determined by the Permanent Head.
“(1c) The Minister may, at any time, on application in writing made under this section by the proprietor of a nursing home or otherwise, alter the conditions applicable to the nursing home by determining conditions in relation to the nursing home under paragraph 40aa (6) (d) or by revoking or varying any conditions previously determined by him in relation to the nursing home under that paragraph.
“(1d) Where—
(a) the proprietor of an approved nursing home applies under sub-section (1b) or (1c) to the Permanent Head or the
Minister for the Permanent Head or the Minister to alter the conditions applicable to the nursing home;
(b) the applicant informs the Permanent Head or the Minister, as the case may be, in writing, after the expiration of the period of 2 months after the day on which the application was made, that the applicant elects to apply this sub-section to the application; and
(c) the Permanent Head or the Minister, as the case may be, has neither altered the conditions, whether in accordance with the application or otherwise, nor refused the application, before being so informed,
the Permanent Head or the Minister, as the case requires, shall, upon being so informed, be deemed to have refused the application.
“(1e) Where the Minister or the Permanent Head makes a decision under this section refusing an application, he shall cause to be served on the applicant, either personally or by post, a notice in writing setting out the decision.”;
(b) by omitting from sub-section (2) “Where the Permanent Head, in pursuance of the last preceding sub-section, alters the conditions applicable to a nursing home, he” and substituting “Where, whether under this section or by virtue of the operation of law, the conditions applicable to an approved nursing home are altered, the Minister”;
(c) by omitting from sub-section (2) “the certificate of approval in force under section forty-one of and substituting “any certificate of approval in force under”; and
(d) by adding at the end thereof the following sub-sections:
“(3) A certificate of approval issued under sub-section (2) shall be accompanied by a notice setting out the effect of sub-section (4).
“(4) The proprietor of an approved nursing home who receives a certificate of approval under sub-section (2) shall forthwith forward any certificate previously issued in respect of the nursing home to the Minister.
Penalty for contravention of this sub-section: $40.”.
(a) by inserting after sub-section (1c) the following sub-section:
“(1ca) If the applicant referred to in sub-section (1) of this section is the holder of a certificate in force under sub-section 39a (3), the Minister shall not exercise his powers under sub-section (1) of this section in a manner inconsistent with that certificate.”;
(b) by omitting from paragraph (1d) (a) “sub-section (1b) or (1c)” and substituting “this section”.
application made under sub-section 40ad (1) of the Principal Act for an alteration of the kind referred to in paragraph (b) of that sub-section of that Act before the commencement of sub-section (1) of this section.
(a) by omitting sub-section (1);
(b) by omitting from sub-section (2) “in accordance with the application, the proprietor” and substituting “applicable to a nursing home in accordance with an application under sub-section 40ad (1b), the proprietor of the nursing home”;
(c) by omitting from sub-section (3a) “Where a request made under sub-section (2) relates to a decision of the Permanent Head in respect of fees applicable to a nursing home, the” and substituting “The”;
(d) by omitting from sub-section (3a) “section 40aa” and substituting “sub-section 40aa (7)”; and
(e) by omitting from sub-section (4) “Where a request under sub-section (2) of this section relates to the fees applicable to a nursing home, the” and substituting “The”.
“(4a) Where the Permanent Head makes a decision under this section refusing to approve a person as a person requiring extensive care or revoking such an approval, he shall cause to be served, either personally or by post, on the proprietor of the approved nursing home concerned, a notice in writing setting out that decision.
“(4b) Without limiting the generality of directions that may be given under section 6 to a delegate of a power under this section, such a direction may make provision—
(a) requiring the delegate to exercise his delegated powers in accordance with the views of a group of persons;
(b) for the manner in which that group is to be constituted; and
(c) for the procedures to be followed in ascertaining the views of that group.”.
(a) an application was made to the Permanent Head under section 40af of the Principal Act before the date of commencement of sub-section (2) of this section; and
(b) immediately before that date, the Permanent Head had neither approved, nor refused to approve, the application,
the application has effect, on and after that date, as if it were an application made to the Minister under section 40af of the Principal Act as amended by this Act.
(a) by omitting “Permanent Head” (first, second and fourth occurring) and substituting “Minister”;
(b) by omitting from sub-section (4) “, or the proprietor, or the legal personal representative of the proprietor, of an approved nursing home who gives notice to the Permanent Head in accordance with section 43,”; and
(c) by inserting in sub-section (5) “or expires” after “revoked”.
“42. (1) A person authorized in writing by the Minister to act under this section may—
(a) at any time, enter and inspect premises occupied by an approved nursing home; and
(b) at any reasonable time—
(i) enter and inspect premises in respect of which an application for approval as an approved nursing home has been made; or
(ii) inspect, make copies of, or take extracts from, any books, documents or records on premises occupied by an approved nursing home that relate to the operation of those premises as a nursing home, including, but without limiting the generality of the foregoing, any books, documents or records kept by the proprietor of the nursing home in accordance with paragraph 40aa (6) (ca), with a condition determined under paragraph
40aa (6) (d), with sub-section 61 (1) or (1a) or with a notice under sub-section 61 (2).
“(2) The occupier of premises referred to in sub-section (1) shall provide the authorized person with all reasonable facilities and assistance for the effective exercise of his powers under this section.
Penalty: $1,000.”.
(a) by omitting sub-section (1) and substituting the following sub-sections:
“(1) Where a person who is the proprietor of an approved nursing home is about to cease to be the proprietor of the nursing home and another person is about to become the proprietor of the nursing home, that other person shall, if it is practicable to do so, by notice in writing, notify the Minister accordingly not later than 1 month before so becoming the proprietor of the nursing home.
“(1a) Where a person who is the proprietor of an approved nursing home ceases to be the proprietor of the nursing home and another person becomes the proprietor of the nursing home, that other person shall, by notice in writing, notify the Minister accordingly immediately after he becomes the proprietor of the nursing home.”; and
(b) by omitting from sub-section (2) “Permanent Head” and substituting “Minister”.
(a) by omitting from sub-sections (1) and (4) “Permanent Head” (wherever occurring) and substituting “Minister”;
(b) by omitting from sub-section (1) “records kept by him in accordance with section 61” and substituting “books, documents and other records kept by him in accordance with paragraph 40aa (6) (ca), with a condition determined under paragraph 40aa (6) (d), with sub-section 61 (1) or (1a) or with a notice under sub-section 61 (2)”; and
(c) by omitting from sub-section (3) “to the Permanent Head”.
“45c. (1) In this section, ‘principles’ means principles formulated under sub-section 39a (6) or 40aa (3c) or (7).
“(2) Sections 48, 49, 49a and 50 of the
“(3) Principles shall be deemed not
to be statutory rules within the meaning of the
“(4) For the purposes of the
application of sub-section 5 (3b)
of the
reference in that first-mentioned sub-section to the Minister of State for Administrative Services shall be read as a reference to the Minister administering this Act.
(a) stating that if the applicant applies under sub-section 4 (1) of this Act within the period of 12 months after the grant of the certificate for the approval of premises specified in the certificate as an approved nursing home and the Minister is satisfied that the premises comply, at the time of that last-mentioned application, with the specifications (if any) set out in the certificate, that last-mentioned application will not be refused under sub-section 4 (3) or (3a) of this Act;
(b) stating that if that approval is granted, the number of beds determined in relation to the nursing home for the purposes of paragraph 4 (6) (a) of this Act will not be less than the number of beds specified in the certificate; and
(c) in a case where the Minister considers it appropriate to do so—stating that if that approval is granted, the admission of persons to the nursing home as qualified nursing home patients will be in accordance with a special purpose of the nursing home specified in the certificate.
“(3) Upon application made in accordance with the appropriate authorized form in response to an invitation under sub-section (1) by the proprietor of an approved nursing home who proposes to make an alteration or addition to the premises occupied by the nursing home, the purpose of which is, or the effect of which will be, to enable the number of beds available in the nursing home for qualified nursing home patients to be increased, the Minister may, in his discretion, grant to the applicant a certificate in writing—
(a) approving that alteration or addition;
(b) stating that if, within the period of 12 months after the grant of the certificate, the alteration or addition so approved is completed in accordance with the specifications (if any) set out in the certificate and the applicant applies under sub-section 9 (1) of this Act for the Minister to alter the conditions applicable to the nursing home by substituting for the number of beds determined in relation to the nursing home for the purposes of paragraph 4 (6) (a) of this Act a number of beds not exceeding such other number as is specified in the certificate, that last-mentioned application will not be refused; and
(c) in a case where the Minister considers it appropriate to do—stating that if the Minister so alters the conditions applicable to the nursing home, the admission of persons to the nursing home as qualified nursing home patients (whether or not those patients occupy the beds to which the alteration or addition relates) will be in accordance with a special purpose of the nursing home specified in the certificate.
“(4) Upon application made in accordance with the appropriate authorized form by the holder of a certificate in force under sub-section (2) or (3), the Minister may, in his discretion, vary the certificate—
(a) by deleting the period specified in the certificate (including a period substituted by virtue of a previous application or applications of this sub-section) and substituting such longer period as he determines;
(b) by deleting the number of beds specified in the certificate (including a number substituted by virtue of a previous application or applications of this sub-section) and substituting such other number as he determines;
(c) if specifications are set out in the certificate (including specifications substituted by virtue of a previous application or applications of this sub-section)—by deleting those specifications and, if the Minister considers it appropriate to do so, by substituting such other specifications as he determines; or
(d) if a special purpose is specified in the certificate (including a special purpose substituted by virtue of a previous application or applications of this sub-section)—by deleting that special purpose and, if the Minister considers it appropriate to do so, by substituting such other special purpose as he determines.
“(5) The Minister, in exercising his powers under sub-section (1), (2), (3) or (4), shall comply with any relevant principles in force under sub-section (6).
“(6) The Minister may, by instrument in writing, formulate principles to be complied with by him with respect to any of his powers under sub-sections (1), (2), (3) and (4).
“(7) In formulating principles under sub-section (6), the Minister shall have regard to all matters he considers relevant, including, but without limiting the generality of the foregoing—
(a) the suitability of an applicant for a certificate under sub-section (2) to be the proprietor of an approved nursing home;
(b) the need to control unnecessary growth in the numbers of approved nursing homes within the meaning of this Act or the
National Health Act 1953; and(c) the availability of forms of care other than nursing home care within the meaning of this Act or the
National Health Act 1953, including domiciliary and day care and care provided by hostels, hospitals and other institutions and by community services.
“(8) A matter shall not be taken
not to be a relevant matter for the purposes of sub-section (7) by reason only
that it is not connected with a matter of a kind referred to in paragraph 4 (3)
(b) of this Act or in paragraph 40aa
(3) (b) of the
“(9) An application under sub-section (2), (3) or (4) shall be accompanied by such further information and documents (if any) as are prescribed.
“(10) A certificate under this section comes into force on the day on which it is granted and remains in force until the expiration of the period specified in the certificate.
“(11) Upon application in writing by the holder of a certificate in force under this section, the Minister shall revoke the certificate.
“(12) Where the Minister makes a decision—
(a) under sub-section (1) refusing an application; or
(b) under sub-section (2), (3) or (4),
he
shall cause to be published in the
(c) that sets out such particulars in relation to the decision as he considers to be appropriate; and
(d) that includes a statement to the effect that a person affected by the decision may, if he is dissatisfied with the decision, seek a reconsideration of the decision by the Minister in accordance with sub-section 11a (2a).
“(13) Where the Minister makes a decision under sub-section (1), (2), (3) or (4) refusing, or otherwise than in accordance with, an application, he shall cause to be served, either personally or by post, on the applicant a notice in writing setting out that decision and the findings on material questions of fact referring to the evidence or other material on which those findings were based and giving the reasons for that decision.
“(14) Without limiting the generality of the special purposes that may be specified under this section, a purpose so specified may make provision for a quota or quotas of patients of a particular kind or kinds.”.
(a) by omitting from sub-section (3) “unless the applicant has” and substituting “unless the applicant had”; and
(b) by omitting from sub-section (3) all the words after “premises” (last occurring) and substituting “would not be refused under this sub-section or under sub-section (3) of that section, as the case may be”.
(a) by omitting from sub-section (1) “premises, being a nursing home to which this Act applies,” and substituting “a nursing home to which this Act applies”;
(b) by inserting in sub-section (1) “occupied by the nursing home” after “premises” (last occurring);
(c) by omitting from sub-section (2), paragraph (3) (b), sub-sections (4) and (5), paragraphs (6) (a) and (b) and sub-sections (7) and (10) “Permanent Head” (wherever occurring) and substituting “Minister”;
(d) by omitting from sub-section (3) “the Permanent Head may” and substituting “the Minister may”;
(e) by inserting after sub-section (3) the following sub-sections:
“(3a) On and after the date on which the
Health Legislation Amendment Bill (No. 2 )1983 was introduced into the House of Representatives, the Permanent Head shall not exercise his powers under sub-section (3) to inform a person that an application for approval of premises would not be refused.“(3b) In exercising his powers under sub-section (3) of this section, as in force from time to time, to inform the person that an application for approval of premises would not be refused under that section or under sub-section 40aa (3) of the
National Health Act 1953, the Permanent Head shall be deemed always to have been required to have regard to all matters he considered relevant, including, but without limiting the generality of the foregoing—(a) the suitability of the person to be the proprietor of an approved nursing home;
(b) the need to control unnecessary growth in the number of approved nursing homes within the meaning of this Act or the
National Health Act 1953; and(c) the availability of forms of care other than nursing home care within the meaning of this Act or the
National Health Act 1953, including domiciliary and day care and care provided by hostels, hospitals and other institutions and by community services.“(3c) A matter shall not be taken not to have been a relevant matter for the purposes of sub-section (3b) by reason only that it was not connected with a matter of a kind referred to in paragraph (3) (b) of this section or in paragraph 40aa (3) (b) of the
National Health Act 1953.”; (f) by omitting paragraph (6) (c) and substituting the following paragraph:
“(c) any other conditions determined by the Minister for the purpose of—
(i) ensuring that the needs of qualified nursing home patients in the nursing home are satisfactorily provided for; or
(ii) otherwise protecting the welfare and interests of qualified nursing home patients in the nursing home”;
(g) by inserting after sub-section (6) the following sub-section:
“(6a) Without limiting the generality of sub-paragraph (6) (c) (ii), conditions determined under paragraph (6) (c) by virtue of that sub-paragraph may include conditions relating to the liability of the proprietor of a nursing home and other persons for any loss, injury
or damage incurred or suffered by qualified nursing home patients in the nursing home.”;
(h) by omitting from sub-paragraph (7) (b) (i) “his” and substituting “the”;
(j) by omitting form sub-paragraph (7) (b) (ii) “his”;
(k) by omitting from sub-paragraph (7) (b) (ii) “he would have approved the admission” and substituting “the application would have been approved”; and
(m) by omitting sub-section (9) and substituting the following sub-section:
“(9) Without limiting the generality of directions that may be given under section 35 to a delegate of a power under sub-section (7) of this section, such a direction may make provision—
(a) requiring the delegate to exercise his delegated powers in accordance with the views of a group of persons;
(b) for the manner in which that group is to be constituted; and
(c) for the procedures to be followed in ascertaining the views of that group.”.
(a) by omitting from sub-section (3) all the words after “unless the applicant” and substituting “is the holder of a certificate in force under sub-section 3a (2) that relates to the premises and the Minister is satisfied that the premises comply with any specifications set out in the certificate”;
(b) by omitting sub-sections (3a), (3b) and (3c) and substituting the following sub-sections:
“(3a) Where application is made under sub-section (1) for approval of premises other than premises referred to in paragraph (2) (a) as an approved nursing home and—
(a) the applicant is not the holder of a certificate in force under sub-section 3a (2) that relates to the premises; or
(b) the applicant is the holder of a certificate in force under sub-section 3a (2) that relates to the premises but the Minister is not satisfied that the premises comply with any specifications set out in the certificate,
the Minister may refuse the application.
“(3b) The Minister, in exercising his powers under sub-section (3a) to refuse an application for approval of premises as an approved nursing home, shall comply with any relevant principles in force under sub-section (3c).
“(3c) The Minister may, by instrument in writing, formulate principles to be complied with by him with respect to his powers under sub-section (3a) to refuse an application for approval of premises as an approved nursing home.
“(3d) In formulating principles under sub-section (3c), the Minister shall have regard to all matters he considers relevant, including, but without limiting the generality of the foregoing
(a) the suitability of an applicant under sub-section (1) to be the proprietor of an approved nursing home;
(b) the need to control unnecessary growth in the numbers of approved nursing homes within the meaning of this Act or the
National Health Act 1953; and(c) the availability of forms of care other than nursing home care within the meaning of this Act or the
National Health Act 1953, including domiciliary and day care provided by hostels, hospitals and other institutions and by community services.”;(c) by omitting from paragraph (6) (a) “without the approval of the Minister” and substituting “unless the proprietor of the nursing home is the holder of a certificate in force under sub-section 3a (3) approving those alterations or additions”; and
(d) by inserting after sub-section (6a) the following sub-section:
“(6b) Where, immediately before the date on which application was made for approval of premises as an approved nursing home, the proprietor of the nursing home was the holder of a certificate in force under sub-section 3a (2) in relation to the nursing home, the Minister shall not exercise his powers under paragraph (6) (a) to determine a number of beds in relation to the nursing home in a manner inconsistent with that certificate.”.
(a) an application was made to the Permanent Head under sub-section 4 (1) of the Principal Act before the date of commencement of sub-section (2) of this section; and
(b) immediately before that date, the Permanent Head had neither approved, nor refused to approve, the application,
the application has effect, on and after that date, as if it were an application made to the Minister under sub-section 4 (1) of the Principal Act as amended by this Act.
(a) before the date of commencement of sub-section (3), the Permanent Head had informed a person, under sub-section 4 (3) of the Principal Act, that an application for approval of premises would not be refused under that sub-section of that Act or under sub-section 40aa (3) of the
National Health Act 1953; and(b) the person applies, on or after that date, under sub-section 4 (1) of the Principal Act as amended by this Act, for approval of those premises as an approved nursing home,
then—
(c) sub-section 4 (3) of the Principal Act as amended by sub-section (3) of this section has effect, in relation to that application, as if the amendment made by paragraph (3) (a) of this section had not been made; and
(d) sub-section 4 (3a) of the Principal Act as amended by sub-section (3) of this section does not apply in relation to that application.
(a) an application was made to the Permanent Head under sub-section 6 (1) of the Principal Act before the date of commencement of this section; and
(b) immediately before that date, the Permanent Head had neither approved, nor refused to approve, the application,
the application has effect, on and after that date, as if it were an application made to the Minister under sub-section 6 (1) of the Principal Act as amended by this Act.
(a) by omitting from sub-sections (1), (2) and (5) “Permanent Head” (wherever occurring) and substituting “Minister”;
(b) by omitting sub-section (4) and substituting the following sub-section:
“(4) Where the proprietor of an approved nursing home applies to the Minister for revocation of the approval of the home or of the approval relating to approved services, he shall forward the relevant certificate or certificates of approval with the application.
Penalty: $40.”; and
(c) by omitting from sub-section (6) “under sub-section (1)” and substituting “of approval”.
(a) by omitting sub-section (1) and substituting the following sub-sections:
“(1) The Minister may, at any time, on application in writing made under this sub-section by the proprietor of a nursing home, alter the conditions applicable to the nursing home by substituting for the number of beds determined in relation to the nursing home for the purposes of paragraph 4 (6) (a) such other number as is determined by the Minister.
“(1a) Where the Minister is satisfied that the average rate of utilization, by qualified nursing home patients, of the number of beds determined in relation to a nursing home for the purposes of paragraph 4 (6) (a) is less than such rate as he determines to be the minimum rate in relation to the nursing home, the Minister may, at any time, on application in writing made under this sub-section by the proprietor of the nursing home or otherwise, alter the conditions applicable to the nursing home by substituting for the number of beds determined in relation to the nursing home for the purposes of paragraph 4 (6) (a) such lesser number as is determined by the Minister.
“(1b) The Minister may, at any time, on application in writing made under this sub-section by the proprietor of a nursing home or otherwise, alter the conditions applicable to the approval that relates to approved services to be provided by the proprietor of the nursing home—
(a) by substituting for the approved class of persons to whom the approval of those services relates such other class of persons as is determined by the Minister; or
(b) by determining conditions in relation to the approval under paragraph 6 (4) (b) or by revoking or varying any condition previously determined by him in relation to that approval under that sub-section.
“(1c) The Minister may, at any time, on application in writing made under this sub-section by the proprietor of a nursing home or otherwise, alter the conditions applicable to the nursing home by determining conditions in relation to the nursing home under paragraph 4 (6) (c) or by revoking or varying any conditions previously determined by him in relation to the nursing home under that paragraph.
“(1d) Where—
(a) the proprietor of an approved nursing home applies under sub-section (1b) or (1c) to the Minister for the Minister to
alter the conditions applicable to the nursing home, or to approved services provided by the proprietor;
(b) the applicant informs the Minister, in writing, after the expiration of the period of 2 months after the day on which the application was made, that the applicant elects to apply this sub-section to the application; and
(c) the Minister has neither altered the conditions, whether in accordance with the application or otherwise, nor refused the application, before being so informed,
the Minister shall, upon being so informed, be deemed to have refused the application.
“(1e) Where the Minister makes a decision under this section refusing an application, he shall cause to be served on the applicant, either personally or by post, a notice in writing setting out that decision.”;
(b) by omitting from sub-section (2) “Where the Permanent Head, in pursuance of sub-section (1), alters the conditions applicable to a nursing home, or to an approval that relates to approved services provided at premises by the proprietor of a nursing home, he” and substituting “Where, whether under this section or by virtue of the operation of law, the conditions applicable to an approved nursing home, or to an approval that relates to approved services provided at premises by the proprietor of a nursing home, are altered, the Minister”;
(c) by omitting from sub-section (2) “section 8” and substituting “this Act”;
(d) by inserting after sub-section (2) the following sub-section:
“(2a) A certificate of approval issued under sub-section (2) shall be accompanied by a notice setting out the effect of sub-section (3).”; and
(e) by omitting from sub-section (3) “Permanent Head” and substituting “Minister”.
(a) by inserting after sub-section (1c) the following sub-section:
“(1ca) If the applicant referred to in sub-section (1) of this section is the holder of a certificate in force under sub-section 3a (3), the Minister shall not exercise his powers under sub-section (1) in a manner inconsistent with that certificate.”; and
(b) by omitting from paragraph (1d) (a) “sub-section (1b) or (1c)” and substituting “this section”.
“11a. (1) In this section—
‘decision’ has the same meaning as in the
Administrative Appeals Tribunal Act 1975; ‘reviewable decision’ means a decision of the Minister, or of a delegate of the Minister, under section 4, 6, 8, 9 or 11 or sub-section (2) of this section.
“(2) A person affected by a reviewable decision who is dissatisfied with the decision may, by notice in writing given to the Minister within the period of 28 days after the day on which the decision first comes to the notice of the person, or within such further period as the Minister (either before or after the expiration of that period), by notice in writing served, either personally or by post, on the person, allows, request the Minister to reconsider the decision.
“(3) There shall be set out in the request the reasons for making the request.
“(4) Upon the receipt of the request, the Minister shall reconsider the decision and may affirm or revoke the decision or vary the decision in such manner as he thinks fit.
“(5) Where the Minister does not affirm, revoke or vary a decision before the expiration of the period of 42 days after the day on which he received the request under sub-section (2) to reconsider the decision, he shall, upon the expiration of that period, be deemed to have affirmed the decision under sub-section (4).
“(6) Where the Minister affirms, revokes or varies a decision, he shall, by notice in writing served, either personally or by post, on the person who made the request, inform the person of the result of his reconsideration of the decision, set out the findings on material questions of fact, refer to the evidence
or other material on which those findings were based and give his reasons for affirming, revoking or varying the decision, as the case may be.
“(7) Applications may be made to the Administrative Appeals Tribunal for review of—
(a) reviewable decisions that have been affirmed or varied under sub-section (4); or
(b) a decision under sub-section (4) to revoke a reviewable decision.
“11b. (1) Where a reviewable decision within the meaning of section 11a is made and notice in writing of the decision is given to a person affected by the decision, that notice shall include a statement to the effect that—
(a) the person may, if he is dissatisfied with the decision, seek a reconsideration of the decision by the Minister in accordance with sub-section 11a (2); and
(b) a person whose interests are affected by the decision may, subject to the
Administrative Appeals Tribunal Act 1975, if he is dissatisfied with a decision made by the Minister upon that reconsideration affirming, revoking or varying the first-mentioned decision, make application to the Administrative Appeals Tribunal for review of the decision so affirmed or varied or of the decision so to revoke.
“(2) Where the Minister affirms,
revokes or varies a decision under sub-section 11a
(4) and gives to a person notice in writing of the affirmation, revocation or
variation of the decision, that notice shall include a statement to the effect
that a person whose interests are affected by the decision may, subject to the
“(3) Any failure to comply with the requirements of sub-section (1) or (2) in relation to a decision shall not be taken to affect the validity of the decision.
“11c. (1) A person authorized in writing by the Minister to act under this section may—
(a) at any time, enter and inspect premises occupied by an approved nursing home; and
(b) at any reasonable time—
(i) enter and inspect premises in respect of which an application for approval as an approved nursing home has been made; or
(ii) inspect, make copies of, or take extracts from, any books, documents or records on premises occupied by an approved nursing home that relate to the operation of those premises as a nursing home, including, but without limiting the generality of the foregoing, any books, documents or records kept by the
proprietor of the nursing home in accordance with a condition determined under paragraph 4 (6) (c) or 6 (4) (b).
“(2) The occupier of premises referred to in sub-section (1) shall provide the authorized person with all reasonable facilities and assistance for the effective exercise of his powers under this section.
Penalty: $1,000.”.
(a) by omitting from the definition of “reviewable decision” in sub-section (1) “section 4,” and substituting “sub-section 3a (1), (2), (3) or (4) or 4 (2), (3), (3a), (4), (5), (6), (7) or (10), section”;
(b) by inserting in sub-section (2) “, not being a decision under sub-section 3a (1), (2), (3) or (4),” after “reviewable decision”;
(c) by inserting after sub-section (2) the following sub-section:
“(2a) A person affected by a reviewable decision, being a decision under sub-section 3a (1), (2), (3) or (4), who is dissatisfied with the decision may, by notice in writing given to the Minister within the period of 28 days after the date of publication of the notice under sub-section 3a (1) or (12) in relation to the decision, request the Minister to reconsider the decision.”; and
(d) by inserting in sub-section (5) “or (2a)” after “(2)”.
(a) by omitting sub-section (1) and substituting the following sub-sections:
“(1) Where a person who is the proprietor of an approved nursing home is about to cease to be the proprietor of the nursing home and another person is about to become the proprietor of the nursing home, that other person shall, if it is practicable to do so, by notice in writing, notify the Minister accordingly not later than 1 month before so becoming the proprietor of the nursing home.
“(1a) Where a person who is the proprietor of an approved nursing home ceases to be the proprietor of the nursing home and another person becomes the proprietor of the nursing home, that other person
shall, by notice in writing, notify the Minister accordingly immediately after he becomes the proprietor of the nursing home.”; and
(b) by omitting from sub-section (2) “Permanent Head” and substituting “Minister”.
(a) by adding at the end of paragraph (1) (b) “or”;
(b) by omitting from paragraph (1) (c) “or” (last occurring); and
(c) by omitting paragraph (1) (d).
“(aa) an application under section 3a;”.
“30b. (1) Subject to sub-section (2), an offence against section 30a is an indictable offence.
“(2) A court of summary jurisdiction may hear and determine proceedings in respect of an offence referred to in sub-section (1) if the court is satisfied that it is proper to do so and the defendant and the prosecutor consent.
“(3) Where, in accordance with sub-section (2), a court of summary jurisdiction convicts a person of an offence referred to in that sub-section, the penalty that the court may impose is a fine not exceeding $2,000 or imprisonment for a period not exceeding 12 months.”.
“31a. (1) In this section, ‘principles’ means principles formulated under sub-section 3a (6) or 4 (3c).
“(2) Sections 48, 49, 49a and 50 of the
“(3) Principles shall be deemed not
to be statutory rules within the meaning of the
(3c) (inclusive) of that Act apply in relation to principles in like manner as they apply in relation to statutory rules.
“(4) For the purposes of the
application of sub-section 5 (3b)
of the
“(5) Section 5 of the
“35. (1) The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to a person (including the Permanent Head) all or any of his powers under this Act or the regulations, other than this power of delegation.
“(2) A power so delegated under sub-section (1), when exercised by the delegate, shall, for the purposes of this Act or the regulations, be deemed to have been exercised by the Minister.
“(3) A delegate under sub-section (1) is, in the exercise of a power so delegated, subject to the directions (if any) of the Minister.
“(4) A delegation under sub-section (1) does not prevent the exercise of a power by the Minister.
“(5) The Permanent Head may, either generally as otherwise provided by the instrument of delegation, by writing signed by him, delegate to a person all or any of his powers under this Act or the regulations other than this power of delegation.
“(6) A power so delegated under sub-section (5), when exercised by the delegate, shall, for the purposes of this Act or the regulations, be deemed to have been exercised by the Permanent Head.
“(7) A delegate under sub-section (5) is, in the exercise of a power so delegated, subject to the directions (if any) of the Permanent Head.
“(8) A delegation under sub-section (5) does not prevent the exercise of a power by the Permanent Head.”.
1. No. 42, 1974, as amended. For previous amendments, see No. 58, 1975; Nos. 59, 91, 101 and 109, 1976; No. 75, 1977; Nos. 89 and 133, 1978; Nos. 53 and 123, 1979; No. 132, 1980; No. 118, 1981; Nos. 49 and 112, 1982; and No. 54, 1983.
2. No. 6, 1937.
3. No. 95, 1953, as amended. For previous amendments, see No. 68, 1955; Nos. 55 and 95, 1956; No. 92, 1957; No. 68, 1958; No. 72, 1959; No. 16, 1961; No. 82, 1962; No. 77, 1963; No. 37, 1964; Nos. 100 and 146, 1965; No. 44, 1966; Nos. 14 and 100, 1967; No. 100, 1968; No. 102, 1969; No. 41, 1970; No. 85, 1971; No. 114, 1972; Nos. 49 and 202, 1973; No. 37, 1974; Nos. 1, 13 and 93, 1975; Nos. 1, 60, 91, 99, 108, 157 and 177, 1976; Nos. 98 and 100, 1977; Nos. 36, 88, 132 and 189, 1978; Nos. 54, 91 and 122, 1979; Nos. 117 and 131, 1980; Nos. 40, 74, 118 and 176, 1981; Nos. 49 and 112, 1982; and Nos. 35 and 54, 1983.
4. No. 147, 1974, as amended. For previous amendments, see No. 91, 1976; No. 100, 1977; No. 118, 1980; No. 118, 1981; and Nos. 26 and 80, 1982.
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