National Health Regulations (Amendment) (Cth)

Statutory Rules 1990 No. 241

 

National Health Regulations2 (Amendment)

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 National Health Act 1953.

Dated 7th February 1990.

Governor-General

By His Excellency’s Command,

BILL HAYDEN

Neal Blewett

Minister of State for Community Services

and Health

––––––––

Principal Regulations

1. In these Regulations, “Principal Regulations” means the National Health Regulations.

2. Regulation 3 of the Principal Regulations is repealed and the following regulation substituted:

Interpretation

“2. (1) In these Regulations, unless the contrary intention appears:

‘approved form’ means a form approved in writing by the Secretary for the purposes of the provision in which the expression is used;

‘the Act’ means the National Health Act 1953.”.

“(2) In these Regulations, unless the contrary intention appears, a reference to an actuary is to be read as a reference to a person who is ordinarily resident in Australia and is a Fellow, or an Accredited Member, of The Institute of Actuaries of Australia.”.

 

(S.R. 364/89) Cat. No. 14/17.1.1990

 

Application for registration as registered health benefits organisation

3. Regulation 19 of the Principal Regulations is amended:

(a) by omitting from subregulation (1) “form authorized for the purposes of this regulation” and substituting “approved form”;

(b) by omitting from each of paragraphs (2) (a) and (b) “a copy” and substituting “2 copies”;

(c) by omitting from each of paragraphs (2) (c), (d) and (e) “the health benefits fund of the organization” and substituting “each relevant health benefits fund”;

(d) by omitting paragraph (2) (f) and substituting the following paragraph:

“(f) a statement showing, in respect of each relevant health benefits fund, the ratio that the estimated amount of the management and administrative expenses in respect of the conduct of that fund bears to the estimated amount of contributions to that fund;”;

(e) by omitting from paragraph (2) (g) “and” (last occurring);

(f) by adding at the end of subregulation (2) the following paragraphs:

“(i) a written statement, signed by an actuary, stating, in respect of each relevant health benefits fund, that, having regard to the estimated number of contributors to the fund shown in the statement referred to in paragraph (e), the estimates set out or shown in the statements referred to in paragraphs (c), (d) and (f) are reasonable and consistent; and

(j) a statement setting out, in general terms, in relation to each Director (if any) or other officer of the organisation responsible for the conduct of the affairs of the organisation (including each member of any Management Committee, or other similar body, of the organisation), particulars of any employment or other experience relevant to the conduct of a business.”;

(g) by inserting after subregulation (2) the following subregulation:

“(2a) For the purposes of subregulation (2), ‘relevant health benefits fund’, in relation to an organisation, means a health benefits fund to be conducted by the organisation in respect of a State specified in an application made by the organisation under subsection 68 (1a) of the Act.”;

(h) by omitting from subparagraph (3) (b) (ii) “paragraphs 2 (c)” and substituting “paragraphs (2) (c)”.

4. After regulation 19 of the Principal Regulations the following regulation is inserted:

 

Application to carry on business as a registered health benefits organisation in a State

“19a. (1) An application by a registered health benefits organisation under subsection 68 (1d) of the Act for permission to carry on business as a registered health benefits organisation in a specified State, or specified States, must be:

(a) in accordance with the approved form: and

(b) lodged with the Secretary; and

(c) accompanied by:

(i) 2 copies of:

(a) the articles of association, if any, of the organisation; and

(b) the rules of the organisation;

showing any amendments made to those articles or rules in order to enable the organisation to carry on business as a registered health benefits organisation in the State or States specified in the application; and

(ii) a statement, in relation to each State specified in the application, setting out, in respect of the relevant health benefits fund to be conducted in respect of that specified State, the estimated assets and liabilities of that fund at the date on which the organisation proposes to commence carrying on business in that specified State; and

(iii) a statement, in relation to each State specified in the application, setting out, in respect of the relevant health benefits fund to be conducted in respect of that specified State:

(a) the estimated income and expenditure of that fund for the first period of 12 months during which the organisation carries on business as a registered health benefits organisation in that specified State; and

(b) the fund’s estimated assets and liabilities at the end of that period; and

(c) the estimated number of contributors to the fund at the end of that period; and

(iv) a statement, in relation to each State specified in the application, setting out, in respect of the relevant health benefits fund to be conducted in respect of that specified State, the ratio that the estimated amount of the management and administrative expenses in respect of the conduct of that fund bears to the estimated amount of contributions to that fund; and

(v) a statement, in relation to each State specified in the application, setting out, in respect of the relevant health

 

benefits fund to be conducted in respect of that specified State, particulars of:

(a) the tables or classes of benefits provided by the organisation; and

(b) the contributions in respect of those benefits; and

(c) the amount of those benefits;

(vi) a written statement, signed by an actuary, stating, in respect of each relevant health benefits fund, that, having regard to the estimated number of contributors to the fund set out in sub-subparagraph (iii) (c), the estimates set out in the statements referred to in subparagraph (ii), sub-subparagraphs (iii) (a) and (b) and subparagraph (iv) are reasonable and consistent; and

(vii) a statement setting out. in general terms, in relation to each Director (if any) or other officer of the organisation responsible for the conduct of the affairs of the organisation (including each member of any Management Committee, or other similar body, of the organisation) particulars of any employment or other experience relevant to the conduct of a business.

“(2) For the purposes of subregulation (1), ‘relevant health benefits fund’, in relation to an organisation, means a health benefits fund to be conducted by the organisation in a State specified in an application made by the organisation under subsection 68 (1d) of the Act.

“(3) In respect of an application by a registered health benefits organisation under subsection 68 (1d) of the Act, the person who signs the application on behalf of the organisation must certify:

(a) that the copies of the articles of association and rules referred to in subparagraph (1) (c) (i) that accompany the application are true and correct copies of those articles and rules, as amended; and

(b) that:

(i) in relation to the estimates referred to in subparagraphs (1) (c) (ii), (iii) and (iv), those estimates have been prepared on the basis of information that is true and correct; and

(ii) the information contained in the statements referred to in subregulation (1), other than the estimates referred to in subparagraph (i), is true and correct.”.

Additional information

5. Regulation 20 of the Principal Regulations is amended:

(a) by inserting “, or for permission to carry on business as a registered health benefits organisation” after “for registration”;

(b) by omitting “sub-regulation 19 (2) or to the affairs, finances or conduct of the organization” and substituting “subregulation 19 (2)

 

or 19a (1) (whichever is applicable), being information relating to the affairs, finances, rules or conduct of the organization,”.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 13 February 1990.

2. Statutory Rules 1954 No. 35 as amended by 1957 No. 71; 1958 No. 63; 1962 Nos. 55, 70 and 113; 1965 Nos. 17, 94 and 185; 1966 No. 99; 1967 No. 86; 1969 Nos. 91 and 220; 1970 Nos. 70 and 166; 1971 Nos. 28, 76, 103 and 138; 1972 No. 79; 1973 Nos. 17, 75, 111, 221, 225 and 267; 1974 Nos. 52, 104, 105, 113 and 263; 1975 Nos. 14, 49, 66, 100, 124, 165 and 207; 1976 Nos. 113, 217 and 227; 1977 Nos. 11, 34, 51 and 112; 1978 Nos. 66, 178, 208 and 266; 1979 Nos. 59, 107, 208 and 231; 1980 Nos. 84, 292 and 309; 1981 Nos. 43, 97, 115, 232 and 318; 1982 Nos. 38, 82, 84, 250 and 284; 1983 Nos. 45, 247 and 267; 1984 Nos. 66, 161, 200, 308, 322 and 427; 1985 Nos. 86, 136, 186, 187, 206 and 288; 1986 Nos. 47, 53, 208, 330, 353 and 360; 1987 Nos. 50, 76, 100 and 310; 1989 Nos. 291, 292 and 334.

Printed by Authority by the Commonwealth Government Printer