States Grants (Paramedical Services) Act 1969 (Cth)
This compilation was prepared on 31 August 2001
taking into account amendments up to Act No. 185 of 1985
The text of any of those amendments not in force
on that date is appended in the Notes section
Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra
Contents
This Act may be cited as the
States Grants (Paramedical Services) Act 1969 .
This Act shall come into operation on the day on which it receives the Royal Assent.
(1) In this Act, unless the contrary intention appears:
approved paramedical service scheme means a scheme for the time being approved by the Minister under the next succeeding section.
base amount , in relation to the expenditure by a participating State of an amount for or in connection with an approved paramedical service scheme, means the amount ascertained in accordance with subsection 5(4), or the amount determined by the Minister in accordance with subsection 5(5), to be the base amount.
base year means the financial year commencing on 1 July 1984.
first relevant period means the period commencing on the prescribed commencement day and ending on 30 June 1986.
index number , in relation to a participating State, means:
(a) the hourly award rates of pay for adult wage earners index number for the community services industry for that State as provided by the Australian Statistician in respect of each month of March; or
(b) the All Groups Consumer Price Index number (excluding hospital and medical services) for the capital city of that State as provided by the Australian Statistician in respect of each March quarter.
paramedical service means chiropody, occupational therapy, physiotherapy, speech therapy or any other paramedical service that is for the time being approved, by instrument in writing, by the Minister for the purposes of this Act, and includes services in the nature of social work that are performed in connection with the provision of a paramedical service.
participating State means a State that has, whether before or after the commencement of this Act, given notice to the Commonwealth that it intends to seek the financial assistance for which provision is made by this Act.
prescribed commencement day means the day on which theHome and Community Care (Miscellaneous Amendments) Act 1985 receives the Royal Assent.
relevant period means:
(a) the first relevant period;
(b) the second relevant period; or
(c) the financial year commencing on 1 July 1987 or any subsequent financial year.
second relevant period means the financial year commencing on 1 July 1986.
(2) Subject to subsection (3), if at any time, whether before or after the prescribed commencement day, the Australian Statistician has provided or provides an index number for a participating State in respect of a March quarter or in respect of a month of March in substitution for an index number previously provided for that State in respect of that quarter or that month, the first‑mentioned index number shall be disregarded for the purposes of section 5.
(3) If at any time, whether before or after the prescribed commencement day, the Australian Statistician has changed or changes the reference base for an index number for a participating State then, for the purposes of the application of section 5 after the change took place or takes place, regard shall be had only to the index number for that State provided in terms of the new reference base.
(4) In determining the proportion that one period bears to another period:
(a) a period consisting of a number of whole weeks and a part of a week shall be treated as if it were a period consisting of that number of whole weeks increased by one; and
(b) a period consisting of a part only of one week shall be treated as if it were a period of a week.
(1) For the purposes of this Act, the Minister may, at the request of a participating State, approve, by instrument in writing, a scheme for the provision of a paramedical service wholly or mainly for aged persons in their homes in respect of which that State proposes to incur expenditure.
(2) The Minister shall not approve a scheme of the kind referred to in subsection (1) on or after the prescribed commencement day.
(1) Subject to this Act, where a participating State has, after it has given the notice by virtue of which it is a participating State, expended, in a relevant period, an amount for or in connection with an approved paramedical service scheme, financial assistance is payable to that State in respect of the expenditure by that State of that amount.
(2) Financial assistance is not payable to a participating State under this Act in respect of an amount expended by that State for or in connection with an approved paramedical service scheme where that State expended that amount on or after the day on which an agreement substantially in accordance with the form contained in the Schedule to the
Home and Community Care Act 1985 was, or is, entered into between the Commonwealth and that State.(3) The amount of financial assistance payable under this Act to a participating State in respect of an amount expended by that State in a relevant period for or in connection with an approved paramedical service scheme is an amount equal to the lesser of:
(a) one‑half of the amount expended by that State for or in connection with the approved paramedical service scheme in that relevant period; and
(b) the amount that is:
(i) where the relevant period is the first relevant period—the product of the adjustment factor and the amount that bears the same proportion to the base amount in respect of that State as the first relevant period bears to a period of 52 weeks;
(ii) where the relevant period is the second relevant period—the product of the adjustment factor and the amount that bears the same proportion to the amount calculated in accordance with subparagraph (i) in respect of an amount expended by that State for or in connection with that scheme in the first relevant period as a period of 52 weeks bears to the first relevant period; or
(iii) where the relevant period is neither the first nor the second relevant period—the product of the adjustment factor and the amount calculated in accordance with whichever of subparagraph (ii) or this subparagraph (in a previous application of this subsection) applies in respect of an amount expended by that State for or in connection with that scheme in the immediately preceding relevant period.
(4) For the purposes of this section, the base amount, in respect of an amount expended by a participating State for or in connection with an approved paramedical service scheme in the base year is, subject to subsection (6), an amount equal to the amount of financial assistance paid or payable to that State in respect of the base year under section 5 as that section was in force immediately before the prescribed commencement day in respect of that expenditure by that State in the base year for or in connection with that scheme.
(5) Where:
(a) the paramedical service provided under the approved scheme referred to in subsection (4) was provided for a part only of the base year or the level at which the service was provided under the scheme increased significantly during the base year; and
(b) the Minister is satisfied that, for either or both of the reasons specified in paragraph (a), the total expenditure by that State for or in connection with that scheme in the base year does not fairly indicate the total amount that the State is likely to expend for or in connection with that scheme in a succeeding financial year, the Minister may, having regard to the matters referred to in paragraph (a) or (b), determine, in writing, a different amount to be the base amount in respect of the expenditure by that State for or in connection with that scheme.
(6) Where the Minister makes a determination under subsection (5), that determined amount shall, for the purposes of the operation of paragraph (3)(b), be substituted for the base amount ascertained in accordance with subsection (4).
(7) For the purposes of paragraph (3)(b), the adjustment factor in respect of a participating State and a relevant period, is a number calculated in accordance with the formula where:
A andB are the hourly award rates of pay for adult wage earners index numbers for the community services industry for that State as provided by the Australian Statistician in relation to the series entitled “Award Rates of Pay Indexes, Australia” in respect of the month of March in that relevant period and in respect of the preceding month of March, respectively; and
C andD are the All Groups Consumer Price Index numbers (excluding hospital and medical services) for the capital city of that State as provided by the Australian Statistician in relation to the series entitled “Consumer Price Index” in respect of the March quarter of that relevant period and in respect of the preceding March quarter, respectively.
(8) Where the adjustment factor in respect of a participating State and a relevant period, as ascertained in accordance with subsection (7), would, but for the operation of this subsection, be less than one, the factor shall be taken to be one.
(1) The Minister may, by writing, at such times as the Minister thinks fit, authorise the making to a participating State of an advance on account of an amount of financial assistance that is expected to become payable to the State under section 5 in respect of expenditure by that State in a relevant period for or in connection with an approved paramedical service scheme, and the terms and conditions that would be applicable to a payment of such an amount of financial assistance are applicable to any such advance.
(2) If the total amount of advances paid to a participating State under subsection (1) on account of an amount of financial assistance that is expected to become payable to that State under section 5 in respect of expenditure by that State in a relevant period for or in connection with an approved paramedical service scheme exceeds the total amount of financial assistance that is so payable, an amount equal to the amount of that excess:
(a) may be deducted by the Commonwealth from the amount of financial assistance that would, but for this provision, be payable to that State under section 5 in respect of the expenditure by that State for or in connection with that scheme in a succeeding relevant period; or
(b) is recoverable by the Commonwealth from that participating State as a debt due to the Commonwealth.
A State is not entitled to financial assistance under this Act in relation to the expenditure of an amount by the State unless the State has furnished to the Minister such information, if any, as the Minister requires in respect of that expenditure.
An amount paid by a participating State to an authority, organisation or person to be expended by that authority, organisation or person for or in connection with an approved paramedical service scheme shall, for the purposes of this Act, be deemed to have been expended by that State for or in connection with an approved paramedical service scheme.
The Minister, or a person authorised by the Minister, by instrument in writing, may determine:
(a) the manner in which claims by a State for payments under this Act shall be made; and
(b) the times at which payments in respect of those claims shall be made.
Payments (including advances) under this Act shall be made out of money appropriated from time to time by the Parliament for the purpose.
The
For all relevant information pertaining to application, saving
or transitional provisions
Act | Number and year | Date of Assent | Date of commencement | Application, saving or transitional provisions |
50, 1969 | 14 June 1969 | 14 June 1969 | ||
185, 1985 | 16 Dec 1985 | Ss. 11, 18, 33 and 41: 1 July 1985 Remainder: Royal Assent | S. 42 |
| |
Provision affected | How affected |
Ss. 3, 4 ................................. | am. No. 185, 1985 |
S. 5 ....................................... | rs. No. 185, 1985 |
S. 5A .................................... | ad. No. 185, 1985 |
Ss. 7, 8 ................................. | am. No. 185, 1985 |
S. 9 ....................................... | |
Home and Community Care (Miscellaneous Amendments) Act 1985 (No. 185, 1985)
(1) Notwithstanding the amendments of the Principal Act made by this Act, the provisions of the Principal Act, other than section 9 of that Act, continue to apply, on and after the prescribed commencement day, in relation to amounts expended by a participating State before the prescribed commencement day for or in connection with an approved paramedical service scheme as if:
(a) those provisions had not been amended by this Act; and
(b) the period commencing on 1 July 1985 and ending on the day before the prescribed commencement day was a year in relation to which this Act applies.
(2) In subsection (1):
(a)
prescribed commencement day has the same meaning as in the Principal Act as amended by this Act; and(b)
participating State ,approved paramedical service scheme andyear in relation to which this Act applies have the same respective meanings as in the Principal Act.
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