National Health Regulations (Amendment) (Cth)
REGULATIONS UNDER THE NATIONAL HEALTH ACT 1953*
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 this twenty-first day of September 1978.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
SGD. RALPH J. HUNT
Minister of State for Health
AMENDMENTS OF THE NATIONAL HEALTH REGULATIONS
“ PART II—TRAVEL AND ACCOMMODATION ALLOWANCES IN RESPECT OF PATIENTS IN ISOLATED AREAS
“ 5. For the purposes of the definition of ‘ isolated area ’ in subsection 12 (1) of the Act, each area the name of which is specified in Schedule 3 is prescribed.
“ 6. (1) In this Part, unless the contrary intention appears—
‘ accommodation ’ does not include—
(a) accommodation on a train, aircraft or any other means of transport; or
(b) accommodation for an in-patient in a hospital;
* Notified
in the
Statutory Rules 1954,
No. 35 as amended to date. For
previous amendments
44223/78 Cat. No. —Recommended retail price 30c 10/8.9.1978
‘ consultant physician ’, in relation to a speciality, means a medical practitioner who is to be deemed under sub-section 12 (2) of the Act to be a consultant physician in that speciality;
‘ specialist ’, in relation to a speciality, means a medical practitioner who is to be deemed under sub-section 12 (2) of the Act to be a specialist in that speciality.
“ (2) A word or expression used in this Part, being a word or expression defined in sub-section 12 (1) of the Act, shall, unless the contrary intention appears, have the same meaning as in that sub-section.
“ 7. (1) Where an approved patient was, on a night during a relevant journey, required to obtain accommodation, an accommodation allowance under section 18 of the Act is not payable in respect of the approved patient for that night unless the Permanent Head, having regard to the length of the relevant journey and—
(a) the time at which the approved patient commenced the relevant journey; or
(b) where the Permanent Head is of the opinion that the approved patient could reasonably have been expected to have commenced the relevant journey at an earlier time— that earlier time,
is satisfied that—
(c) it was impracticable for the approved patient to complete the relevant journey without so obtaining accommodation for that night; or
(d) it would have been unreasonable, having regard to the health of the approved patient, to have expected him to complete that journey without so obtaining accommodation for that night.
“ (2) Where an approved patient was, at the place of treatment, required to obtain accommodation on any night preceding the rendering to the approved patient of the relevant professional service in connection with which the patient travelled to the place of treatment or, where the approved patient travelled to the place of treatment for the rendering to him of 2 or more relevant professional services, the first of those services, an accommodation allowance under section 18 of the Act is not payable in respect of the approved patient for that night unless—
(a) the Permanent Head, having regard to—
(i) the respective times at which the approved patient could, in the opinion of the Permanent Head, reasonably have been expected to commence and finish the relevant journey from his place of residence to the place of treatment; and
(ii) the appointed time for the rendering to the approved patient of the relevant professional service or the first of the relevant professional services, as the case may be,
is satisfied that it was reasonable for the approved patient to have so obtained accommodation for that night; or
(b) the Permanent Head is satisfied that, by reason of the nature of the relevant professional service, or the first of the relevant professional services, as the case may be, to be rendered to the approved patient, it was necessary for the approved patient to be present on that night at the place of treatment.
“ (3) Where an approved patient was, at the place of treatment, required to obtain accommodation on any night following the rendering to the approved patient of the relevant professional service in connection with which the patient travelled to the place of treatment or, where the approved patient travelled to the place of treatment for the rendering to him of 2 or more professional services, the last of those services, an accommodation allowance under section 18 of the Act is not payable in respect of the approved patient for that night unless—
(a) the Permanent Head, having regard to—
(i) the time at which the relevant professional service, or the last relevant professional service, as the case may be, rendered to the approved patient was completed; and
(ii) the time at which the approved patient could, at the time referred to in sub-paragraph (i), reasonably have been expected to commence the relevant journey from the place of treatment to his place of residence,
is satisfied that it was reasonable for the approved patient to have so obtained accommodation for that night; or
(b) the Permanent Head is satisfied that, by reason of the nature of the relevant professional service, or the last of the relevant professional services, as the case may be, rendered to the approved patient, it was necessary for the approved patient to remain on that night at the place of treatment.
“ (4) Where an approved patient was, at the place of treatment, required to obtain accommodation on a night other than a night referred to in sub-regulation (2) or (3), an accommodation allowance under section 18 of the Act is not payable in respect of the approved patient for that night unless—
(a) the specialist or consultant physician who, in the practice of his speciality, rendered the relevant professional service to the approved patient or, where 2 or more specialists or consultant physicians each so rendered a relevant professional service to the approved patient, one of those specialists or consultant physicians, has certified in writing under his hand that the approved patient should remain on that night at the place of treatment; or
(b) the Permanent Head, having regard to the necessities of the treatment in connection with which the approved patient travelled to the place of treatment, is satisfied that it was reasonable for the approved patient to remain on that night at the place of treatment.
“ 8. (1) This regulation applies to—
(a) an approved attendant of an approved patient; or
(b) an approved escort of an approved patient, other than an approved escort to whom regulation 9 applies.
“ (2) Where a person to whom this regulation applies was, on a night during a relevant journey, required to obtain accommodation, an accommodation allowance under section 18 of the Act is not payable in respect of the person for that night unless—
(a) where the person was travelling in company with the approved patient in relation to whom the person was an approved attendant or approved escort—an accommodation allowance under that section has been paid or is payable in respect of the approved patient for that night; or
(b) where the relevant journey was a journey of the kind referred to in sub-paragraph (b) (ii) or (iii) of the definition of ‘ relevant journey ’ in sub-section 12(1) of the Act—the Permanent Head, having regard, to the length of the relevant journey and—
(i) the time at which the person commenced the relevant journey; or
(ii) where the Permanent Head is of the opinion that the person could reasonably have been expected to have commenced the relevant journey at an earlier time—that earlier time,
is satisfied that it was impracticable for the person to complete the relevant journey without so obtaining accommodation for that night.
“ (3) Where a person to whom this regulation applies was, at the place of treatment of the approved patient in relation to whom the person was an approved attendant or approved escort, required to obtain accommodation on a night referred to in sub-regulation 7 (2) or (3) in relation to the approved patient, an accommodation allowance under section 18 of the Act is not payable in respect of the person for that night unless an accommodation allowance under that section has been paid or is payable in respect of the approved patient for that night.
“ (4) Where a person to whom this regulation applies was, at the place of treatment of the approved patient in relation to whom the person was an approved attendant or approved escort, required to obtain accommodation on a night (other than a night referred to in sub-regulation 7 (2) or (3) in relation to the approved patient), an accommodation allowance under section 18 of the Act is not payable in respect of the person for that night unless an accommodation allowance under that section has been paid or is payable in respect of the approved patient for that night and—
(a) a specialist or consultant physician referred to in paragraph 7 (4) (a) in relation to the approved patient has certified in writing under his hand that, for medical reasons, it was necessary for the person to remain on that night with the approved patient at the place of treatment; or
(b) where the person did not, while the approved patient remained at the place of treatment, undertake a journey of the kind referred to in sub-paragraph (b) (ii) of the definition of ‘ relevant journey ’ in sub-section 12 (1) of the Act and subsequently a journey of the kind referred to in sub-paragraph (b) (iii) of that definition—the amount equal to the sum of travel allowance and accommodation allowance (if any) that would, in the opinion of the Permanent Head, have been payable under Part III of the Act in respect of the person if the person had undertaken those journeys is equal to or exceeds the amount of the accommodation allowance that, but for the exceptions and qualifications referred to in sub-section 18 (1) of the Act, would be payable in respect of the person for that night or, where this sub-regulation applies in respect of each of 2 or more such nights (each being a night in respect of which paragraph (a) does not apply), the amount in the aggregate of the accommodation allowances that, but for those exceptions and qualifications, would be payable in respect of the person for those nights.
“ 9. (1) This regulation applies to—
(a) an approved escort of an approved patient, being a patient who, at the time of the approval of the application by the patient for an approved escort, had not attained, the age of 14 years; or
(b) an approved escort of an approved patient, being a patient who, at the time of the approval of the application by the patient for an approved escort, had attained the age of 14 years and in relation to whom a person has, under section 14 of the Act, been approved as an approved attendant.
“ (2) Where a person to whom this regulation applies was, on a night during a relevant journey, required to obtain accommodation, an accommodation allowance under section 18 of the Act is not payable in respect of the person for that night unless—
(a) where the person was travelling in company with the approved patient in relation to whom the person was an approved escort—an accommodation allowance under that section has been paid or is payable in respect of the approved patient for that night; or
(b) where the relevant journey was a journey of the kind referred to in sub-paragraph (b) (ii) or (iii) of the definition of ‘ relevant journey ’ in sub-section 12(1) of the Act—the Permanent Head, having regard to the length of the relevant journey and—
(i) the time at which the person commenced the relevant journey; or
(ii) where the Permanent Head is of the opinion that the person could reasonably have been expected to have commenced the relevant journey at an earlier time—that earlier time,
is satisfied that it was impracticable for the person to complete the relevant journey without so obtaining accommodation for that night.
“ (3) Where a person to whom this regulation applies was, at the place of treatment of the approved patient in relation to whom the person was an approved escort, required to obtain accommodation on a night, an accommodation allowance under section 18 of the Act is not payable in respect of the person for that night—
(a) unless an accommodation allowance under that section has been paid or is payable in respect of the approved patient for that night; or
(b) where the approved patient was on that night an in-patient in a hospital, unless—
(i) a specialist or consultant physician referred to in paragraph 7 (4) (a) in relation to the approved patient has certified in writing under his hand that, for medical reasons, it was necessary for the person to remain on that night with the approved patient at the place of treatment; or
(ii) where the person did not, while the approved patient was an in-patient in a hospital, undertake a journey of the kind referred to in sub-paragraph (b) (ii) of the definition of ‘ relevant journey ’ in sub-section 12 (1) of the Act and subsequently a journey of the kind referred to in sub-paragraph (b) (iii) of that definition—the amount equal to the sum of travel allowance and accommodation allowance (if any) that would, in the opinion of the Permanent Head, have been payable under Part III of the Act in respect of the person if the person had undertaken those journeys is equal to or exceeds the amount of the accommodation allowance that, but for the exceptions and qualifications referred to in sub-section 18 (1) of the Act, would be payable in respect of the person for that night or, where this sub-regulation applies in respect of each of 2 or more such nights (each being a night on which the approved patient was an in-patient in a hospital and in respect of which sub-paragraph (i) does not apply), the amount in the aggregate of the accommodation allowances that, but for those exceptions and qualifications, would be payable in respect of the person for those nights.
“ 10. Where, but for this regulation, nothing in this Part would prevent the payment of more than one accommodation allowance in respect of an approved patient, an approved attendant or an approved escort for a night, only one such allowance is payable in respect of the approved patient, the approved attendant or the approved escort, as the case may be, for that night.
“ 11. (1 ) A claim by or on behalf of an approved patient for payment of an allowance under Part III of the Act shall be lodged with the Permanent Head.
“ (2) The Permanent Head may require a person who makes a claim referred to in sub-regulation (1) to produce—
(a) any receipt or other document in the possession or under the control of the person that relates to any expenses incurred by or on behalf of the approved patient and in respect of which the claim is made; or
(b) such document or other evidence as is necessary to determine in accordance with the provisions of this Part whether the allowance to which the claim relates is payable to or on behalf of the approved patient.”.
SCHEDULE 3 Regulation 5
PART I—NEW SOUTH WALES
Municipality of Ashfield | Municipality of Leichhardt |
Municipality of Auburn | City of Greater Lithgow |
Municipality of Bankstown | City of Liverpool |
Shire of Baulkham Hills | City of Maitland |
Municipality of Blacktown | Municipality of Manly |
City of Blue Mountains | Shire of Manning |
Municipality of Botany | Municipality of Marrickville |
Shire of Boorowa | Municipality of Merriwa |
Municipality of Bowral | Shire of Mittagong |
Shire of Burrangong | Shire of Monaro |
Municipality of Burwood | Municipality of Mosman |
Shire of Byron | Municipality of Mullumbimby |
City of Campbelltown | Shire of Mulwaree |
Municipality of Camden | Shire of Murrurindi |
Municipality of Canterbury | Municipality of Muswellbrook |
City of Greater Cessnock | City of Newcastle |
Shire of Colo | Municipality of North Sydney |
Municipality of Concord | Shire of Oberon |
Municipality of Cooma | City of Parramatta |
Shire of Cootamundra | City of Penrith |
Municipality of Cowra | Shire of Port Stephens |
Shire of Crookwell | City of Queanbeyan |
Shire of Denman | Municipality of Randwick |
Municipality of Drummoyne | Municipality of Rockdale |
Shire of Dungog | Municipality of Ryde |
Shire of Eurobodalla | Shire of Scone |
Municipality of Fairfield | Municipality of Shellharbour |
Shire of Gloucester | Shire of Shoalhaven |
Shire of Goodradigbee | Shire of Singleton |
Shire of Gosford | Shire of Snowy River |
City of Goulburn | Municipality of South Sydney |
Shire of Great Lakes | Municipality of Strathfield |
Shire of Gundagai | Shire of Sutherland |
Shire of Gunning | City of Sydney |
Shire of Harden | Shire of Tallaganda |
Shire of Hornsby | Municipality of Taree |
Municipality of Holroyd | Shire of Tweed |
Municipality of Hunters Hill | Shire of Warringah |
Municipality of Hurstville | Municipality of Waverley |
Municipality of Kiama | Shire of Waugoola |
Municipality of Kogarah | Municipality of Willoughby |
Municipality of Ku-ring-gai | Municipality of Windsor |
Shire of Kyogle | Shire of Wingecarribee |
Shire of Lake Macquarie | Municipality of Wingham |
Municipality of Lane Cove | Municipality of Woollahra |
SCHEDULE
3—
Shire of Wollondilly | Shire of Yarrowlumla |
City of Wollongong | Municipality of Yass |
Shire of Wyong | Municipality of Young |
PART II—VICTORIA
Shire of Alexandra | City of Hawthorn |
City of Altona | Shire of Healesville |
Shire of Avoca | City of Heidelberg |
Shire of Bacchus Marsh | Shire of Heytesbury |
City of Ballaarat | Shire of Huntly |
Shire of Ballan | City of Keilor |
Shire of Ballarat | City of Kew |
Shire of Bannockburn | Shire of Kilmore |
Shire of Barrabool | City of Knox |
Shire of Bass | Borough of Koroit |
Shire of Bellarine | Shire of Korumburra |
City of Bendigo | Town of Kyabram |
City of Berwick | Shire of Kyneton |
Shire of Bet Bet | Shire of Leigh |
City of Box Hill | Shire of Lexton |
City of Brighton | Shire of Lillydale |
Shire of Broadford | Shire of McIvor |
City of Broadmeadows | Shire of Maldon |
City of Brunswick | City of Malvern |
Shire of Bulla | Shire of Marong |
Shire of Buln Buln | City of Maryborough |
Shire of Bungaree | City of Melbourne |
Shire of Buninyong | Shire of Melton |
City of Camberwell | Shire of Metcalfe |
Town of Camperdown | Shire of Mirboo |
City of Castlemaine | City of Moe |
City of Caulfield | City of Moorabbin |
City of Chelsea | City of Mordialloc |
City of Coburg | Shire of Mornington |
City of Colac | Shire of Mortlake |
Shire of Colac | Shire of Morwell |
City of Collingwood | Shire of Narracan |
Shire of Corio | Shire of Newham and Woodend |
Shire of Cranbourne | Shire of Newstead |
Shire of Creswick | City of Newtown |
City of Croydon | City of Northcote |
City of Dandenong | City of Nunawading |
Shire of Daylesford and Glenlyon | City of Oakleigh |
Shire of Deakin | Shire of Otway |
Shire of Diamond Valley | Shire of Pakenham |
City of Doncaster and Templestowe | Shire of Phillip Island |
Borough of Eaglehawk | City of Port Melbourne |
Shire of Eltham | City of Prahran |
City of Essendon | City of Preston |
Shire of Euroa | Shire of Pyalong |
City of Fitzroy | Borough of Queenscliffe |
Shire of Flinders | City of Richmond |
City of Footscray | City of Ringwood |
City of Frankston | Shire of Ripon |
French’s Island | Shire of Rodney |
City of Geelong | Shire of Romsey |
City of Geelong West | City of St. Kilda |
Shire of Gisborne | City of Sandringham |
Shire of Goulburn | Borough of Sebastopol |
Shire of Grenville | Shire of Seymour |
Shire of Hampden | City of Shepparton |
Shire of Hastings | Shire of Shepparton |
SCHEDULE
3—
Shire of Sherbrooke | Shire of Waranga |
City of South Barwon | Shire of Warragul |
Shire of South Gippsland | City of Warrnambool |
City of South Melbourne | Shire of Warrnambool |
City of Springvale | City of Waverley |
Shire of Strathfieldsaye | Shire of Werribee |
City of Sunshine | Shire of Whittlesca |
Shire of Talbot and Clunes | City of Williamstown |
City of Traralgon | Shire of Winchelsea |
Shire of Traralgon | Borough of Wonthaggi |
Shire of Tullaroop | Shire of Woorayl |
Shire of Upper Yarra | Shire of Yea |
Shire of Violet Town |
PART III
Shire of Albert | City of Gympie |
Shire of Allora | City of Ipswich |
Shire of Beaudesert | Shire of Kilcoy |
Shire of Boonah | Shire of Laidley |
City of Brisbane | Shire of Landsborough |
Shire of Caboolture | Shire of Maroochy |
Shire of Cambooya | Shire of Moreton |
Shire of Clifton | Shire of Noosa |
Shire of Crow’s Nest | Shire of Pine Rivers |
Shire of Esk | City of Redcliffe |
Shire of Gatton | Shire of Redland |
Shire of Glengallan | City of Toowoomba |
City of Gold Coast | Shire of Widgee |
PART IV
City of Adelaide | District of Lameroo |
District of Angaston | District of Light |
District of Balaklava | District of Mallala |
District of Barossa | District of Mannum |
District of Blyth | City of Marion |
City of Brighton | District of Meadows |
District of Burra Burra | District of Meningie |
City of Burnside | City of Mitcham |
District of Bute | District of Monarto |
City of Campbelltown | Town of Moonta |
District of Central Yorke Peninsula | District of Morgan |
District of Clare | District of Mount Barker |
District of Clinton | District of Mount Pleasant |
District of Coonalpyn Downs | District of Munno Para |
District of Crystal Brook | District of Murray Bridge |
District of East Murray | City of Noarlunga |
District of East Torrens | District of Onkaparinga |
City of Elizabeth | District of Owen |
City of Enfield | City of Payneham |
District of Eudunda | District of Peake |
Town of Gawler | City of Port Adelaide |
District of Georgetown | District of Port Broughton |
City of Glenelg | District of Port Elliott and Goolwa |
District of Gumeracha | District of Port Wakefield |
City of Henley and Grange | City of Prospect |
Town of Hindmarsh | District of Red Hill |
District of Kadina | District of Ridley |
District of Kapunda | District of Riverton |
District of Karoonda | District of Robertstown |
City of Kensington and Norwood | District of Saddleworth and Auburn |
SCHEDULE
3—
City of Salisbury | City of Unley |
Town of St. Peters | District of Victor Harbor |
District of Snowtown | District of Waikerie |
District of Spalding | Town of Walkerville |
District of Stirling | Town of Wallaroo |
District of Strathalbyn | City of West Torrens |
District of Tanunda | District of Willunga |
City of Tea Tree Gully | City of Woodville |
Town of Thebarton | District of Yankalilla |
District of Truro |
PART V—WESTERN AUSTRALIA
Shire of Armadale-Kelmscott | City of Melville |
Town of Bassendean | Shire of Moora |
Shire of Bayswater | Town of Mosman Park |
Shire of Belmont | Shire of Mundaring |
Shire of Beverley | Shire of Murray |
Shire of Boddington | Shire of Narrogin |
Shire of Brooktown | Town of Narrogin |
Town of Bunbury | City of Nedlands |
Town of Canning | Shire of Northam |
Shire of Capel | Town of Northam |
Shire of Chittering | Shire of Peppermint Grove |
Town of Claremont | City of Perth |
Town of Cockburn | Shire of Pingelly |
Shire of Collie | Shire of Quairading |
Shire of Corrigin | Shire of Rockingham |
Town of Cottesloe | Shire of Serpentine-Jarrahdale |
Shire of Cuballing | City of South Perth |
Shire of Cunderdin | City of Stirling |
Shire of Dandaragan | City of Subiaco |
Shire of Dardanup | Shire of Swan |
Shire of Donnybrook-Balingup | Shire of Tammin |
Shire of Dowerin | Shire of Toodyay |
Town of East Fremantle | Shire of Victoria Plains |
City of Fremantle | Shire of Wandering |
Shire of Gingin | Shire of Wanneroo |
Shire of Goomalling | Shire of Waroona |
Town of Gosnells | Shire of Williams |
Shire of Harvey | Shire of Wongan-Ballidu |
Shire of Kalamunda | Shire of Wyalkatehem |
Shire of Kwinana | Shire of York |
Shire of Mandurah |
PART VI—TASMANIA
Municipality of Bothwell | Municipality of Kingborough |
Municipality of Brighton | City of Launceston |
Municipality of Campbell Town | Municipality of Lilydale |
Municipality of Clarence | Municipality of Longford |
Municipality of Deloraine | Municipality of New Norfolk |
Municipality of Esperance | Municipality of Oatlands |
Municipality of Evandale | Municipality of Port Cygnet |
Municipality of Fingal | Municipality of Richmond |
Municipality of Glamorgan | Municipality of Ross |
City of Glenorchy | Municipality of St. Leonards |
Municipality of Green Ponds | Municipality of Sorell |
Municipality of Hamilton | Municipality of Spring Bay |
City of Hobart | Municipality of Tasman |
Municipality of Huon | Municipality of Westbury |
SCHEDULE 3—
PART VII—TERRITORIES
Australian Capital Territory | Jervis Bay Territory |
Printed by Authority by the Commonwealth Government Printer
0
0
0