States (Tax Sharing and Health Grants) Regulations (Amendment) (Cth)

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Statutory Rules 1982 No. 1451

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States (Tax Sharing and Health Grants) 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 States (Tax Sharing and Health Grants) Act 1981.

Dated 25 June 1982.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

JOHN HOWARD

Treasurer

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Interpretation

1. Regulation 3 of the States (Tax Sharing and Health Grants) Regulations is amended by omitting sub-regulation (2).

2. After regulation 3 of the States (Tax Sharing and Health Grants) Regulations the following regulation is inserted:

Levels of charges

“3a. (1) A reference in this regulation to a compensable patient shall be read as a reference to an in-patient of a public hospital who—

(a) is receiving hospital treatment within the meaning of the Health Insurance Act in the course of the treatment of, or as a result of, an injury or a disease; and

(b) has received, or may receive, in respect of that injury or disease, a payment by way of compensation or damages (including a payment in settlement of a claim for compensation or damages) under the law that is or was in force in a State or internal Territory, being a payment the whole or a part of the amount of which is intended to provide in full for any hospital expenses incurred, or likely to be incurred (whether or not by the patient), in the course of the treatment of, or as a result of, that injury or disease.

“(2) For the purposes of paragraph (3) (a), a single room shall be taken to be a shared room if the patient requested to be accommodated in a shared room but is instead, for medical reasons, accommodated in a single room.

“(3) For the purposes of section 12 of the Act, the following levels of charges are specified:

(a) in the case of an in-patient, not being a compensable patient or a person (other than a compensable patient) who is to be taken to be a public patient for the purposes of sub-section 20 (1) of the Act—

(i) in relation to each State before 1 September 1981 —$50 per day for a shared room and $75 per day for a single room; and

(ii) in relation to each State on or after 1 September 1981 —$80 per day for a shared room and $110 per day for a single room;

(b) in the case of a person other than an in-patient, not being a person who is to be taken to be a public patient for the purposes of sub-section 20 (1) of the Act—

(i) in relation to Victoria before 1 September 1981— $10 per service provided; and

(ii) in relation to each State on or after 1 September 1981—$15 per service provided;

(c) in the case of a compensable patient, not being a person who is to be taken to be a public patient for the purposes of sub-section 20 (1) of the Act, in relation to each of the following States before 1 September 1981 —

(i) New South Wales—$117 per day;

(ii) Victoria—$101 per day;

(iii) Western Australia—$83 per day; and

(iv) Northern Territory—$66 per day;

(d) in the case of a compensable patient, not being a person who is to be taken to be a public patient for the purposes of sub-section 20 (1) of the Act, in relation to each of the following States on or after 1 September 1981—

(i) New South Wales—$ 140 per day;

(ii) Victoria—$164 per day;

(iii) Queensland—$131 per day;

(iv) Western Australia—$173 per day; and

(v) Northern Territory—$ 189 per day.”.

Circumstances in which persons are to be taken to be public patients

3. Regulation 4 of the States (Tax Sharing and Health Grants) Regulations is amended—

(a) by omitting “perscribed” from paragraph ‘(b) of the definition of “relevant event” in sub-regulation (1) and substituting “prescribed ; and

(b) by inserting after sub-regulation (1) the following sub-regulation:

“(1a)In this regulation, unless the contrary intention appears, a word or expression defined for the purposes of the Health Insurance Act has the meaning that it would have if used in that Act.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 28 June 1982.

2. Statutory Rules 1981 No. 249.

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