National Health Act 1974 (Cth)

NATIONAL HEALTH ACT 1974

No. 37 of 1974

An Act to amend the National Health Act 1953-1973 in relation to Registered Organizations.

BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:—

Short title and citation.

1. (1) This Act may be cited as the National Health Act 1974.

(2) The National Health Act 1953-1973 is in this Act referred to as the Principal Act.

(3) The Principal Act, as amended by this Act, may be cited as the National Health Act 1953-1974.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Conditions to which registrations are to be deemed to be subject.

3. Section 73b of the Principal Act is amended by adding at the end of paragraph (c) the words “or with respect to the variation of the rates of hospital fund benefits payable by the organization to all or any contributors”.

Change of rules, &c., by registered organizations.

4.(1) Section 78 of the Principal Act is amended by omitting paragraph (c) of sub-section (1) and substituting the following paragraph:—

“(c) the benefits, the amounts of the benefits, or the contributions for the benefits, provided by the organization; or”.

(2) Section 78 of the Principal Act is amended by adding at the end thereof the following sub-sections:—

“(9) For the purposes of this section, any action by an organization altering or affecting both benefits and contributions shall be deemed to be separate changes in respect of benefits and contributions and the Minister may approve of one of those changes and at the same time refuse to approve of another of those changes.

“(10) The power of the Minister under this section to approve or refuse to approve of a change includes the power to approve or refuse to approve of a change in part.

“(11) In considering whether to approve or refuse to approve of changes in relation to contributions or benefits, or both, in respect of a fund, the Minister may have regard to any excess of the moneys standing to the credit of the fund over the amounts reasonably required for the purposes of the fund, including the maintenance of adequate reserves.

 

(12) (a) Where under this section the Minister has refused to approve of a change, whether in whole or in part, the organization may appeal against the decision of the Minister to the Supreme Court of the State or a Territory in which the principal office of the organization is situated.

(b) The Supreme Court of each State is invested with federal jurisdiction and jurisdiction is conferred on the Supreme Court of each Territory to hear and determine appeals under this section.

“(13) If on the hearing of the appeal the Court is satisfied—

(a) that the change insofar as it relates to the benefits provided or to be provided by the organization is or will be beneficial to the contributors; or

(b) that the change insofar as it relates to the contributions payable to the organization is reasonable having regard to the amounts reasonably required for the purposes of the fund, the moneys readily available for such purposes, the rates of contribution in force before the change, the rates of benefits provided or to be provided by the organization, the liabilities of the organization, the level of reserves and the adequacy of such reserves in the light of prevailing economic circumstances,

the Court shall allow the appeal but if the Court is not so satisfied it may either determine what it believes should be the proper benefits or the proper contributions or it may dismiss the appeal.

“(14) The decision of the Court shall be deemed to be the decision of the Minister given under this section.

“(15) If the Court dismisses the appeal it may at the time of the appeal being dismissed or at any time thereafter make such order as to the Court may seem appropriate to ensure that the rules of the organization are complied with.

Validation.

5.An approval, or refusal of an approval, by the Minister on or after 1 July 1974 and before the commencement of this Act shall be deemed to have been as valid and effectual as if the amendments made by section 4 had come into operation on that date and the provisions of sub-sections (12) and (13) of section 78 of the Principal Act as amended by this Act apply in relation to a refusal of an approval notified to an organization on or after that date and before the commencement of this Act.

Application of amendment.

6.