Hospital Benefits Agreement Act 1946 (NSW)

HOSPITAL BENEFITS AGREEMENT ACT.

Act No. 37, 1946.

An Act to authorise an Agreement between the Commonwealth of Australia and the State of New South Wales relating to hospital benefits to be executed by or on behalf of the State of New South Wales and to approve such Agreement; to amend the Public Hospitals Act, 1929-1943; and for purposes connected therewith. [Assented

to, 21st May, 1946.]

BE it enacted by the King's Most Excellent Majesty, lative Council and Legislative Assembly of New South by and with the advice and consent of the Legis­
Wales in Parliament assembled, and by the authority of the same, as follows :—•

1. This Act may be cited as the "Hospital Benefits Agreement Act, 1946."

2. (1) The execution, by or on behalf of the State of New South Wales, of an Agreement with the Common­ wealth of Australia, relating to the provision of hospital benefits, substantially in accordance with the heads of agreement specified in the Schedule to this Act, is hereby authorised.

(2) The Agreement as made and executed by or on behalf of the State of New South Wales and the Commonwealth of Australia is hereby approved.

(a) no means test shall be imposed on and no fees shall be charged to or in respect

3. The Public Hospitals Act, 1929-1943, is amended:

(a) by inserting next after section thirty-two the following new section:—

32A. During the period within which the Agreement executed and approved under the provisions of the Hospital Benefits Agreement Act, 1946, is in force—

respect of qualified persons occupying beds in public wards in public hospitals;

Provided that the Commission may permit the board to charge fees in respect of beds in a public ward which are temporarily used as non-public ward,beds;

(b) (i) the charges per day payable by qualified persons pursuant to the provisions of this Par t and in force at the commencement of the afore­ said Agreement in respect of beds in non-public wards in public hospi­ tals shall be reduced by the amount of the Commonwealth Hospital Benefit Rate for non-public wards;

(ii)   the charges payable by qualified persons pursuant to the provisions of this Par t and in force at the commencement of the aforesaid Agreement in respect of beds in non-public wards in public hospi­ tals shall not be increased or varied without the approval of the Commission, nor shall any charges be imposed by a board in respect of beds in non-public wards in public hospitals established after the commencement of the aforesaid

Agreement unless such charges

have been approved by the

Commission.

In this section the terms "qualified person", "public ward", "public hospital", "non-public wa rd" and "Commonwealth Hospital Benefit Rate for non-public wa rds" shall have the meanings respectively ascribed thereto in the aforesaid Agreement.

(b) by inserting at the end of section forty the following new subsection :—

( 1 0 ) The Governor may by proclamation

published in the Gazette direct that the

contribution

contribution scheme conducted under and in accordance with the provisions of this section by any hospital or group of hospitals and any scheme conducted by the Metropolitan Hospi­ tals Contribution Fund of New South Wales and in operation immediately before a date specified in such proclamation shall as from such date terminate and cease to be in operation or be varied in its operation and amended as to rates, benefits and conditions in such manner and to such extent as the Governor deems desirable as a consequence of the coming into force of the Agreement executed and approved under the provisions of the Hospital Benefits Agreement Act, 1946. Such proclamation shall contain such provisions as the Governor may deem necessary for giving effect to the objects and purposes of this subsection.

Upon the date so specified in such

proclamation such proclamation shall be given
effect to according to its tenor.

As from the date upon which any contribu­ tion scheme terminates and ceases to be in operation any contribution paid in advance under any such contribution scheme in respect of any period of more than one week after such date shall on application by the contributor within one month from such date be refundable to the contributor.

Upon publication of any such proclamation under which any such contribution scheme is
terminated and ceases to be in operation

a contributor under any such contribution scheme shall only be entitled to any benefit under the rules of any such contribution scheme up to and including the date specified in such proclamation as the date upon which such contribution scheme shall terminate and cease to be in operation.

THE

THE SCHEDULE.

H O S P I T A L B E N E F I T S : H E A D S O F A G R E E M E N T .

1. The agreement shall not have any force or effect unless and u n t i l author ized or approved by the P a r l i a m e n t of the S ta te concerned.

2. T h e agreement shall be in force, for a m i n i m u m period of five
years and thereaf ter shall be subject to t e rmina t ion after [here

specify a period of notice by either party of not less than one year].

3. The Commonweal th shall, subject to compliance by the S ta te
wi th t he provisions of the agreement , pay to the S ta te , by way of

financial assistance, in respect of beds occupied by qualified persons

in publ ic and non-public wards in public hospitals ,	amoun t s
de te rmined in accordance wi th the agreement .
4 . T h e amoun t to be paid by the Commonweal th for any	financial

year in respect of beds in public wards in public hospitals shall be de termined by mul t ip ly ing the Commonweal th Hospi ta l Benefit R a t e for Pub l i c W a r d s by the number of daily occupied beds in public

wards in t h a t financial year.

5. T h e amoun t to be paid by the Commonweal th for any financial year in respect of beds in non-publ ic wards in public hospitals shall be de te rmined by mul t ip ly ing the Commonweal th Hospi ta l Benefit R a t e for Non-publ ic Wards by the number of daily occupied beds i n non-public wards in tha t financial year.

6. (1) The S t a t e shall, out of the amoun t paid to the S ta te for each financial year unde r pa rag raph four of this Schedule, set aside t he amoun t (if any) ascer ta ined by sub t rac t ing from the amoun t so pa id t he aggregate of—

(a ) the amoun t ascer ta ined by mul t ip ly ing the Commonweal th

Hosp i t a l Benefit E x p e n d i t u r e R a t e for Pub l i c W a r d s by the number of daily occupied beds in public wards in t h a t

financial y e a r ; a n d

(b) the amoun t by which donat ions ( inc lud ing volunta ry

cont r ibu t ions) received by public hospitals du r ing tha t	finan­
cial year and used for the ma in t enance of public hospitals is
less t h a n [here insert an amount determined by the
Commonwealth and the State based on the average amount
received by public hospitals during the financial years
1942-43 and 1943-44 by way of donations ( inc luding
voluntary contributions) and used for the maintenance of
public hospitals].

(2) The S t a t e shall not use the amoun t so set aside, or in teres t thereon , otherwise t h a n for capi tal expendi tu re on public hospitals as approved by the Commonweal th .

7. If the amoun t paid to the S ta te for any financial year u n d e r pa rag raph four of this Schedule is less than the aggregate of t h e amoun t s referred to in clauses (a ) and (b) of sub-paragraph (1) of the last preceding paragraph , the Commonweal th shall pay to t he

S t a t e the amoun t of the difference.

THE

T H E SCHEDULE—cont inued.

8. (1) Subject to the next succeeding pa ragraph , the S t a t e shall ensu re t h a t no means test is imposed on, and t h a t no fees are charged to or in respect of, qualified persons occupying beds in publ ic wards i n public hospitals .

(2) The S t a t e may pe rmi t a publ ic hospi tal to charge fees i n respect of beds in a public ward which a re temporar i ly used as non­ publ ic ward beds.

9. (1) T h e S t a t e shall ensure t h a t the charges per day payable
by qualified persons in respect of beds in non-publ ic wards in public

hospitals shall be reduced by the amoun t of t he Commonweal th

Hosp i t a l Benefit B a t e for Non-publ ic Wards .

(2) The S t a t e shall ensure t h a t no increase in those charges is m a d e wi thout the concurrence of the. Commonweal th and t h a t any such increase made after t he first day of September, 1945, and p r i o r to the date of the agreement shall cease to be applied, as from the date of the agreement , unless the Commonweal th concurs in

t he increase.
(3) The Commonweal th shall no t refuse i t s concurrence unde r

the last preceding sub-paragraph in respect of any increase of
charges necessi tated by increased costs.

(4) The S t a t e shall ensure tha t , except wi th the concurrence of t h e Commonweal th , no charge is made to qualified persons for •services or comforts in public or non-publ ic wards in public hospitals for which i t was not cus tomary to make a charge as a t t he first day •of September, 1945.

10. The Commonweal th and the S ta te , in conjunct ion wi th any •other S ta te which enters into an agreement wi th t he Commonweal th in t e rms s imilar to the te rms of the agreement , shall establish a •council, to be known as the Na t iona l Hosp i ta l Council , to advise the Commonwea l th and the Sta tes wi th respect to any m a t t e r r e la t ing t o hospitals which is referred to the Council by t he Commonweal th

•or a	S ta te .
11. T h e agreement may provide, t h a t no th ing in the agreement shall be construed so as to affect the S ta te ' s control of cl inical

t e a c h i n g and research i n public hospitals .

12. The agreement may conta in such incidenta l and supplementary

provisions as are necessary t o give effect to the Commonweal th

H o s p i t a l Benefits Scheme.

13. T h e agreement shall conta in definitions substant ia l ly to t he following effect and such other definitions as are necessary :—

" the Commonweal th Hospi ta l Benefit B a t e for Pub l i c W a r d s "

means six shi l l ings or such other r a t e as is, from t i m e to t ime, agreed upon between the Commonweal th and the S t a t e ;

" the Commonweal th Hosp i t a l Benefit B a t e for Non-publ ic

W a r d s " means six shil l ings or such other r a t e as is, f rom t ime to t ime, agreed upon between the Commonweal th a n d

the S t a t e ;

T H E

THE SCHEDULE—continued.

"the Commonwealth Hospital benefit Expenditure Rate for Public Wards" means [litre insert an amount determined by the Commonwealth and the State based on the average amcunt recovered during the financial years 11)42-43 and 1943-44 from patients in public ivards for each daily occupied bed], or such other amount as is, from time to time, agreed upon between the Commonwealth and the State;

"public hospital'' means a hospital (not being a tuberculosis' hospital within the meaning of the Tuberculosis xict 1945)' which—

(a) is ordinarily recognized as a public hospital; and
(b) is in receipt of a grant for maintenance from the State,.

and includes a State institution used for hospital purposes- and a ward in any other institution maintained or subsi- dized by the State which is used for hospital purposes and is for the time being approved by the Commonwealth.

"public ward" means a ward which is ordinarily recognized as- a public ward;

"non-pubiic ward'' means a ward other than a public ward;
"qualified person'' means a person who was ordinarily resident

in Australia at the time of admission to a public hospital and is occupying a bed for the purposes of hospital treat- ment, and includes, where two or more children are born at one birth, any child born at that birth in excess of one,, and also any newly born child except during the time the mother of that child is occupying a bed, but does not include a member of the staff of a public hospital receiving- treatment in bis own quarters or a person whose fees are borne by the Commonwealth or who has received, or is entitled to receive, those fees under any law in force in the State; and

"daily occupied bed" means a bed occupied by a qualified person for a full day (the day of admission and the day of discharge together being counted as one day).