National Health Amendment Act 1983 (Cth)

National Health Amendment Act 1983

No. 35 of 1983

An Act to amend the National Health Act 1953, and for related purposes

[Assented to 19 June 1983]

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

Short title, &c.

1. (1) This Act may be cited as the National Health Amendment Act 1983.

(2) The National Health Act 19531is in this Act referred to as the Principal Act.

Commencement

2. (1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.

(2) The amendments made by section 8 shall be deemed to have come into operation on 1 January 1983.

(3) Sections 6, 7, 9 and 10 shall come into operation on a date to be fixed by Proclamation.

 

Approval of nursing home

3. Section 40aa of the Principal Act is amended—

(a) by inserting in sub-paragraph (6) (c) (i) “, subject to any principles that have been formulated under sub-section (7) and that are in force,” after “determined”; and

(b) by omitting sub-section (7) and substituting the following sub-sections:

“(7) The Minister may, by writing under his hand, formulate principles in accordance with which scales of fees are to be determined for the purposes of sub-paragraph (i) of paragraph (c) of sub-section (6) in relation to nursing homes generally or in relation to nursing homes included in specified classes of nursing homes.

“(7a) Without limiting the generality of sub-section (7), principles formulated under that sub-section may—

(a) specify matters of a kind that are, in the case of each nursing home or of each nursing home included in a class of nursing homes, to be taken into account in determining a scale of fees for the purposes of sub-paragraph (i) of paragraph (c) of sub-section (6);

(b) specify matters of a kind that are, in the case of each nursing home or of each nursing home included in a class of nursing homes, to be disregarded in determining a scale of fees for the purposes of sub-paragraph (i) of paragraph (c) of sub-section (6); and

(c) specify criteria for assessing, in relation to matters of a kind that are required, in accordance with principles of a kind referred to in paragraph (a) of this sub-section, to be taken into account in determining a scale of fees, the amounts that are to be so taken into account in relation to matters of that kind.

“(7b) In formulating principles under sub-section (7), the Minister shall have regard to—

(a) the need to ensure that nursing homes are efficiently and economically operated;

(b) the need to ensure that the cost to nursing home patients of nursing home care is not excessive or unreasonable; and

(c) any other matters the Minister considers to be relevant.

“(7c) Sections 48, 49, 49a and 50 of the Acts Interpretation Act 1901 apply in relation to principles formulated under sub-section (7) as if in those sections references to regulations were references to principles, references to a regulation were references to a principle and references to a repeal were references to a revocation.

“(7d) Principles formulated under sub-section (7) shall be deemed not to be statutory rules within the meaning of the Statutory Rules Publication Act 1903, but sub-sections (3) to (3c) (inclusive) of

 

section 5 of that Act apply in relation to such principles in like manner as they apply in relation to statutory rules.

“(7e) For the purposes of the application of sub-section (3b) of section 5 of the Statutory Rules Publication Act 1903 in accordance with sub-section (7d), 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 of State administering this Act.

“(7f) Section 5 of the Evidence Act 1905 applies to a principle formulated by the Minister under sub-section (7) of this section in like manner as that section applies to an order made by the Minister.”.

Application by proprietor of nursing home for alteration of conditions

4. Section 40ae of the Principal Act is amended by inserting after sub-section (3) the following 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 Minister shall, in undertaking, in accordance with sub-section (3), such investigation of the matter as he considers necessary, apply any principle that was in force under section 40aa at the time the decision was made and that continues in force at the time of the undertaking of that review unless the Minister is satisfied, in all the circumstances of the case, that the application of that principle in relation to that nursing home is not appropriate.”.

Revocation of approval of approved person

5. Section 58j of the Principal Act is amended by omitting sub-section (2).

6. Section 84aa of the Principal Act is repealed and the following section is substituted:

Concessional benefit prescriptions and pensioner benefit prescriptions

“84aa. (1) A prescription that is written by a medical practitioner or by a participating dental practitioner in accordance with the Act and the regulations shall not be taken, for the purposes of this Part, to be a prescription in respect of a concessional beneficiary, a dependant of a concessional beneficiary, a pensioner or a dependant of a pensioner unless there is written or marked on the prescription, or there purports to be written or marked on the prescription, in such manner as is prescribed by regulations made for the purposes of this sub-section, such information relating to the status of the person to whom the prescription relates as a concessional beneficiary, a dependant of a concessional beneficiary, a pensioner or a dependant of a pensioner, as is prescribed by those last-mentioned regulations in relation to persons having that status.

“(2) A prescription that is communicated to an approved pharmaceutical chemist in pursuance of paragraph (a) of section 89 in such circumstances as are prescribed for the purposes of that paragraph shall not be taken, for the purposes of this Part, to be a prescription in respect of a concessional beneficiary, a dependant of a concessional beneficiary, a pensioner or a

 

dependant of a pensioner unless, before supply of the pharmaceutical benefit upon that prescription, there is communicated, or there is purportedly communicated, to the pharmaceutical chemist, in such manner as is prescribed by regulations made for the purposes of this sub-section, such information relating to the status of the person to whom the prescription relates as a concessional beneficiary, a dependant of a concessional beneficiary, a pensioner or a dependant of a pensioner, as is prescribed by those last-mentioned regulations in relation to persons having that status.”.

Approvals to be subject to conditions

7. Section 92a of the Principal Act is amended—

(a) by omitting from sub-paragraph (1) (ca) (i) “84aa (6)” and substituting “84aa (2)”;

(b) by omitting all the words after sub-paragraph (1) (ca) (ii) and substituting the following:

“the chemist shall write or mark on the relevant document the information communicated, or purportedly communicated, to him under sub-section 84aa (2) in such manner as would, if the relevant document were a written prescription, cause that prescription to be, in accordance with sub-section 84aa (1), a concessional benefit prescription or a pensioner benefit prescription, as the case requires”; and

(c) by omitting sub-section (4) and substituting the following sub-section:

“(4) For all purposes in connection with the writing or marking on a document by an approved pharmaceutical chemist of information of the kind referred to in paragraph (1) (ca), the communication, or purported communication, of the information referred to in sub-section 84aa (2) shall be taken to afford full and sufficient grounds for the writing or marking of that information by the pharmaceutical chemist on that document.”.

Payment for supply of benefits

8. Section 99 of the Principal Act is amended by omitting from sub-section (2a) “pensioner” and substituting “general”.

Offences

9. Section 103 of the Principal Act is amended by omitting sub-section (4a) and substituting the following sub-sections:

“(4a) A person shall not, in purported compliance with the requirements of regulations made by virtue of sub-section (1) of section 84aa, include, or cause or permit to be included, on a prescription written by a medical practitioner or participating dental practitioner any information connected with the status of the person to whom the prescription relates that is, to his knowledge, false or misleading in a material particular.

 

“(4b) A person shall not, in purported compliance with the requirements of regulations made under sub-section (2) of section 84aa, in so far as those regulations relate to a prescription communicated to an approved pharmaceutical chemist, communicate to that pharmaceutical chemist any information connected with the status of the person to whom the prescription relates that is, to his knowledge, false or misleading in a material particular.”.

Application of certain amendments

10. Sections 6, 7 and 9 apply in relation to the supply of pharmaceutical benefits on or after the date fixed by Proclamation for the purposes of sub-section 2 (3).

 

NOTE

1. 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, 163 and 176, 1981; and Nos. 49, 80 and 112, 1982.