National Health Regulations (Amendment) (Cth)
I,
THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice
of the Federal Executive Council, hereby make the following Regulations under
the
Dated 29 May 1990.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
Peter Staples
Minister of State for Aged, Family and Health Services
“5. In this Part, unless the contrary intention appears:
‘ Chairperson ’ , in relation to a Panel, means Chairperson of the Panel;
‘ meeting ’ , in relation to a Panel, means meeting of the Panel;
(S.R. 133/90)—Cat. No. 14/17.5.1990
‘ member ’ ,in relation to a Panel, means member of the Panel who is referred to in subregulation 10 (1);
‘ nursing home ’ means approved nursing home;
‘ Panel ’ means Standards Review Panel established by regulation 6;
‘ proprietor ’ , in relation to a nursing home, means proprietor of the nursing home;
‘ recommendation ’ means a recommendation:(a) that a declaration should or should not be made under subsection 45e (1) of the Act; and
(b) specifying the action (if any) to be taken under subsection 45e (2) or (3) of the Act.
“6. The Minister may establish a Standards Review Panel, or Standards Review Panels, for each State and Territory in which a nursing home is, or nursing homes are, situated.
“7. The functions of a Panel are to:
(a) review the nursing home care provided in nursing homes; and
(b) compare the provision of that care with standards determined under section 45d of the Act; and
(c) inquire into matters for the purposes of a function referred to in paragraph (a) or (b); and
(d) report the findings of the Panel, and the reasons for those findings, to the Minister: and
(e) make recommendations to the Minister resulting from its reports;
(f) perform these functions:
(i) at the direction of the Minister; or
(ii) on a referral by a proprietor.
“8. Subject to this Part, a Panel has power to do all things necessary or convenient to be done in connection with the performance of its functions.
“9. (1) The Minister may appoint:
(a) persons who have not less than 3 years’ experience in senior positions in the management of nursing homes, aged persons’ hostels or other establishments of that kind; or
(b) persons who are members of not less than 3 years’ standing in professional or industrial organisations of persons who practise,
or are employed, in nursing homes, aged persons’ hostels or other establishments of that kind: or
(c) persons who have knowledge of, and experience in, consumer protection in a health or social welfare field;
as potential members of a Panel for a State or Territory.
“(2) A person appointed under subregulation (1) may resign his or her appointment by writing signed by the member and given to the Minister and the appointment terminates on receipt by the Minister of the resignation.
“(3) Subject to this Division, an appointment under subregulation (1) is for 3 years.
“10. (1) A Panel consists of the following members:
(a) a Chairperson appointed by the Minister;
(b) a person appointed under paragraph 9 (1) (a);
(c) a person appointed under paragraph 9 (1) (b);
(d) a person appointed under paragraph 9 (1) (c);
(e) an officer of the Department nominated by the Secretary.
“(2) A Chairperson holds office with effect from such day as the Minister specifies in the instrument of appointment of the Chairperson.
“(3) The Minister must not appoint a person as a Chairperson unless the Minister is satisfied that the person has experience at a professional or senior management level in, or broad knowledge of, health care administration or the provision of nursing home care or care in aged persons’ hostels or other establishments of that kind.
“(4) Subject to subregulation (5), the Chairperson of a Panel for a State or Territory may appoint a person referred to in paragraph 9 (1) (a), (b) or (c) who has been appointed for the State or Territory as a member of the Panel.
“(5) In the case of a Panel for:
(a) the Australian Capital Territory, the member referred to in paragraph (1) (b) or (c) must be a person appointed under paragraph 9 (1) (a) or (b) for New South Wales; and
(b) the Northern Territory, the member referred to in paragraph (l) (b) or (c) must be a person appointed under paragraph 9 (1) (a) or (b) for South Australia.
“(6) All members hold office on a part-time basis.
“(7) Subject to this Division, a member appointed by the Chairperson holds office from a day specified in the instrument of appointment until a day specified in the instrument, not being more than 3 years from the day of appointment of the member under subregulation 9 (1).
“(8) Subject to this Division, a Chairperson holds office for 3 years.
“(9) The member referred to in paragraph (1) (e) holds office during the pleasure of the Secretary.
“(10) A member may resign by writing signed by the member and given:
(a) in the case of a Chairperson—to the Minister; and
(b) in the case of a member appointed by the Chairperson—to the Chairperson; and
(c) in the case of a member referred to in paragraph (1) (e)—to the Secretary;
and his or her membership terminates on receipt by the Minister, Chairperson or Secretary, as the case may be, of the resignation.
“(11) The exercise of a power or the performance of a function of a Panel is not affected by a vacancy in its membership.
“11. (1) The appointment of a Chairperson or of a person who is appointed under subregulation 9 (1) may be terminated by the Minister for misbehaviour or for incapacity to participate in the performance of the functions, or the exercise of the powers, of a Panel.
“(2) The appointment of a Chairperson or of a person who is appointed under subregulation 9 (1) who:
(a) holds, or performs the duties of, a senior position in the management of a nursing home, being a nursing home in respect of which a declaration under subsection 45e (1) of the Act is in force: and
(b) is not the proprietor;
may be terminated by the Minister.
“(3) If a Chairperson or a person who is appointed under subregulation 9 (1):
(a) becomes bankrupt, applies to take the benefit of a law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or
(b) is convicted of an offence punishable by imprisonment for 1 year or longer;
or, in the case of a member:
(c) is absent without leave granted under regulation 13 from 3 consecutive meetings of the Panel; or
(d) fails, without reasonable excuse, to comply with an obligation imposed by regulation 14;
his or her appointment may be terminated by the Minister.
“(4) The appointment of a Chairperson or of a person appointed under subregulation 9 (1) whose:
(a) application under subsection 39ba (1) of the Act is refused under subsection 39ba (5) of the Act: or
(b) approval as an approved operator is revoked under subsection 39bb (3) of the Act;
is terminated.
“(5) The appointment of a Chairperson or of a person appointed under subregulation 9 (1) who is the proprietor of a nursing home in respect of which a declaration under subsection 45e (1) of the Act is in force is terminated.
“(6) A member appointed under subregulation 9 (1) ceases to be a member on the termination of that appointment.
“12. A member, other than a member appointed under paragraph 10 (1) (e), must be paid such remuneration and allowances as are determined by the Remuneration Tribunal.
“13. (1) The Minister may grant leave of absence to a Chairperson on such terms and conditions as the Minister determines.
“(2) A Chairperson may grant leave of absence to a member on such terms and conditions as the Chairperson determines.
“14. (1) A Chairperson must give written notice to the Minister of all direct and indirect pecuniary interests that he or she has or acquires in:
(a) a nursing home; or
(b) a business that provides facilities, goods or services to nursing homes.
“(2) If a Chairperson has or acquires an interest referred to in subregulation (1) or another interest that could conflict with the proper performance of his or her functions, the interest must be disclosed in any report resulting from the performance of those functions.
“(3) If a member (other than the Chairperson) has or acquires an interest that could conflict with the proper performance of his or her functions:
(a) he or she must disclose the interest to the Chairperson; and
(b) except with the consent of the Chairperson, he or she must not take part, or continue to take part, in the performance of his or her functions.
“(4) If a member referred to in subregulation (3) takes part, or continues to take part, in the performance of his or her functions, the interest must be disclosed in any report resulting from the performance of the functions.
“(5) If a Chairperson:
(a) becomes aware that another member has an interest referred to in subregulation (3); and
(b) considers that the member should not take part, or should not continue to take part, in the performance of his or her functions;
the Chairperson must give a direction to the member not to take part, or continue to take part, and the member must not take part, or continue to take part, accordingly.
“15. (1) A Panel may hold such meetings as are necessary for the performance of its functions.
“(2) The Chairperson of a Panel may, at any time, by notice in writing to the other members, convene a meeting at the time and place specified in the notice.
“(3) The Minister may, by notice in writing to each member of a Panel, direct that a meeting be held at the time and place specified in the notice.
“(4) If, at any time, a majority of the members of a Panel requests the Chairperson in writing to convene a meeting, he or she must, as soon as practicable, convene a meeting in accordance with the request.
“(5) The Chairperson may invite a person to attend a meeting to advise or inform the Panel.
“16. (1) The Chairperson must preside at a meeting at which he or she is present.
“(2) In the absence of the Chairperson from a meeting, the members present constituting a quorum must elect 1 of their number to preside at the meeting.
“17. At a meeting, the number of members constituting a quorum is the number of members constituting a majority of the members of the Panel.
“18. (1) A question arising at a meeting must be determined by a majority of the votes of the members present and voting.
“(2) The member referred to in paragraph 10 (1) (e) does not have a vote.
“18a. (1) a member may participate in a meeting by means of telephone or closed-circuit television.
“(2) A member who participates in a meeting as provided by subregulation (1) is taken to be present at the meeting.
“18b. (1) a Panel must keep a record of its proceedings.
“(2) Subject to this Part, the procedure of a meeting of a Panel is to be determined by the Panel.
“18c. (1) If a majority of the members of a Panel sign a document containing a statement that they are in favour of a resolution in the terms set out in the document, a resolution in those terms is taken to have been passed at a meeting of the Panel in accordance with this Division on the day on which the document was signed, or, if the members signed the document on different days, on the day on which the document was signed by the member who makes up the majority.
“(2) 2 or more separate documents that are identical in all material respects, each of which is signed by 1 or more members, are taken for the purposes of subregulation (1) to constitute the same document.
“18d. In the performance of its functions, a Panel:
(a) must act with as little formality and as much expedition as the requirements of this Part and a proper consideration of the matter before the Panel permit; and
(b) is not bound by the rules of evidence; and
(c) may inform itself on any matter in any way it thinks fit; and
(d) may receive information or submissions in the form of oral or written statements; and
(e) may consult such persons as it thinks fit.
“18e. If the Minister intends to give notice to a proprietor under subsection 45e (1) of the Act, the Minister is to inform the proprietor by notice in writing of his or her intention.
“18f. The Minister may, by notice in writing to the Chairperson, direct a Panel for a State or Territory to perform the functions of a Panel specified in paragraphs 7 (a), (b), (c) and (d) in relation to a matter in respect of a nursing home situated in the State or Territory, being a matter specified in the notice.
“18g. Within 14 days of receipt of a notice under regulation 18e, the proprietor of a nursing home may refer the notice to the Chairperson of a Panel in the State or Territory in which the nursing home is situated.
“18h. (1) On receipt by a Panel of:
(a) a direction under regulation 18f; or
(b) a reference under regulation 18g;
in respect of a nursing home, the Chairperson must, as soon as practicable, inform the proprietor by notice in writing that the Panel will perform its functions in relation to the direction or reference.
“(2) A notice given under subregulation (1) must include statements to the following effect:
(a) that the proprietor may, within 21 days of being given the notice, give the Panel documents or other material to which it must have regard in the performance of its functions in respect of the nursing home; and
(b) that the proprietor will have the opportunity:
(i) to inspect any other document or material to which the Panel proposes to have regard in reaching a decision; and
(ii) to make submissions in relation to the other document or material.
“(3) If, at the end of the period referred to in paragraph (2) (a), a proprietor has not given a Panel a document or other material referred to in that paragraph, the Panel may proceed in respect of the nursing home in accordance with this Part.
“18j. A Panel the Chairperson of which has given notice under subregulation 18h (2) to a proprietor must report and make recommendations in respect of the nursing home to the Minister, except in exceptional circumstances, not less than 28 days after the end of the period referred to in paragraph 18h (2) (a).
“18k. A report and recommendations referred to in regulation 18h must:
(a) be in writing; and
(b) if the members were not in agreement concerning a matter, set out the differing points of view of the members.
“18l. Subject to this Part, a member is not subject to the direction of any other person in respect of any act of thing done in his or her capacity as member.
“18m. It is the duty of a member not to divulge or communicate to the proprietor of a nursing home information with respect to the identity of a resident of the nursing home if the member reasonably believes that it may be to the detriment of the resident if that information is divulged or communicated to the proprietor.
“18n. The Chairperson of each Panel must, as soon as practicable after each 30 June, prepare and furnish to the Minister a report of the operations of the Panel (if any) during the year ending at the end of that day.
“18p. At:
(a) the end of each 2 of the years of the operations of a Panel referred to in regulation 18n; or
(b) the substantial completion by a Panel of its proceedings in respect of 5 nursing homes;
whichever happens first, the Minister is to review the effectiveness and efficiency of the Panel in respect of that 2 year period or the period in which those proceedings were completed.”.
“ amended Regulations ” means the National Health Regulations as amended by the provisions of these Regulations (other than this regulation);
“ provision ” includes a paragraph of a regulation or of a subregulation.
1.
Notified in the
2. Statutory Rules 1954 No. 35 as amended to date. For previous amendments
see Note 2 to Statutory Rules 1990 No. 24 andsee also Statutory Rules 1990 Nos. 24 and 86.
Printed by Authority by the Commonwealth Government Printer
0
0
0