HOSPITAL
BENEFITS.
No.
75 of 1951.
An Act relating to the Provision of
Hospital Benefits.
[Assented
to 11th December, 1951.]
BE it enacted by the King’s Most Excellent
Majesty, the Senate, and the House of Representatives of the Commonwealth of
Australia, as follows:—
Citation.
1.This
Act may be cited as the Hospital Benefits
Act 1951.
Commencement.
2.This
Act shall come into operation on the day on which it receives the Royal Assent.
Repeal
and saving.
3.—(1.) The Hospital
Benefits Act 1945, the Hospital
Benefits Act 1947 and the Hospital
Benefits Act 1948 are repealed.
(2.) Notwithstanding the repeal of the Acts
specified in the last preceding sub-section, financial assistance to a State
shall continue to be payable as provided by those Acts so long as the agreement
with that State authorized by or under those Acts is in force.
(3.) The Commonwealth may enter into an agreement
with a State providing that the agreement with that State authorized by or
under the Acts repealed by sub-section (1.) of this section shall cease to be
in force.
(4.) The regulations in force immediately before
the commencement of this Act under the Hospital
Benefits Act 1945–1948 shall continue in force as if made under this Act,
but may be amended or repealed by regulations made under this Act.
Definitions.
4.In
this Act, unless the contrary intention appears—
“private hospital” means a private hospital as
defined by, and approved in accordance with, the regulations;
“public hospital” means a public hospital as
defined by, and approved in accordance with, the regulations.
Agreements
for the provision of hospital benefits to patients in public hospitals.
5.The
Commonwealth may enter into an agreement with a State for or in relation to the
provision of hospital benefits, at such rates, and subject to such conditions,
as are specified in the agreement, in respect of persons who are patients in
public hospitals in that State.
Provision
of hospital benefits.
6.The
regulations may provide for the payment of hospital benefits in respect of
persons who are patients—
(a)in public hospitals in a Territory of
the Commonwealth or in a State with which there is not for the time being in
force an agreement under the last preceding section; or
(b)in private hospitals in a State or
Territory of the Commonwealth.
Provision
of hospital benefits in respect of hospitals outside Australia.
7.The
regulations may provide for the payment of hospital benefits in respect of
persons who—
(a)
are residents of Australia, as defined by the regulations, or the spouses,
children or prescribed dependants of residents as so defined;
(b)are temporarily absent from Australia;
and
(c)
are patients in hospitals, as defined by the regulations, outside Australia.
Provision
of additional benefits to contributors to organizations.
8.—(1.) The regulations may provide for the payment
of hospital benefits in respect of persons who, being contributors, as defined
by the regulations, to the funds of a hospital benefits insurance organization
as defined by, and registered in accordance with, the regulations—
(a)
are patients in public hospitals or private hospitals in a State or Territory
of the Commonwealth; or
(b)are persons specified in the last
preceding section.
(2.) The hospital benefits payable under the
regulations made for the purposes of the last preceding sub-section are in
addition to the hospital benefits (if any) payable under an agreement entered
into in pursuance of section five of this Act or under section six or seven of
this Act.
Payment
of hospital benefits.
9.Hospital
benefits under sections six, seven and eight of this Act are payable in
accordance with the regulations at such rates and subject to such conditions as
are specified in the regulations.
Territories.
10.The
Treasurer may pay to the Minister such sums as are agreed upon between the
Treasurer and the Minister towards the maintenance of public hospitals in the
Australian Capital Territory and the Northern Territory.
Payments
to be made out of the National Welfare Fund.
11.Payments
for the purposes of this Act or of an agreement entered into in pursuance of
section five of this Act shall be made out of the Trust Account established
under the National Welfare Fund Act 1943–1950
and known as the National Welfare Fund.
Regulations.
12.The
Governor-General may make regulations, not inconsistent with this Act,
prescribing all matters which are by this Act required or permitted to be
prescribed, or which are necessary or convenient
to be prescribed for carrying out or giving
effect to this Act, and, in particular, for prescribing penalties not exceeding
a fine of Fifty pounds or imprisonment for a period not exceeding three months,
or both, for offences against the regulations.