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

Statutory Rules 1981 No. 2491

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States (Tax Sharing and Health Grants) Regulations

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 27 August 1981.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

JOHN HOWARD

Treasurer

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Citation

1. These Regulations may be cited as the States (Tax Sharing and Health Grants) Regulations.

Commencement

2. These Regulations shall come into operation on 1 September 1981.

Interpretation

3. (1) In these Regulations, unless the contrary intention appears—

“Health Insurance Act” means the Health Insurance Act 1973;

“the Act” means the States (Tax Sharing and Health Grants) Act 1981.

(2) In these Regulations, 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.

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

4. (1) In this regulation—

“commencing day” means 1 September 1981.

“prescribed person” means an eligible pensioner or a person who is a disadvantaged person within the meaning of the Health Insurance Act;

“prescribed service” means—

(a) a medical service to which an item relates, being a service that is rendered by or on behalf of a medical practitioner;

(b) a medical service to which an item relates, being a service that is a prescribed medical service within the meaning of the Health Insurance Act and is rendered in an operating theatre of a hospital by a dental practitioner;

(c) a service specified in an item that is expressed to relate to a professional attendance by an accredited dental practitioner, being a service that is rendered by a dental practitioner to a referred dental patient who has not attained the age of 22 years;

(d) a service specified in an item that is expressed to relate to a professional attendance by a participating optometrist, being a service that is rendered by an optometrist;

(e) a pathology service that, within the meaning of section 16a of the Health Insurance Act, is rendered by or on behalf of an approved pathology practitioner other than a medical practitioner; or

(f) a health service or procedure, other than a health service or procedure referred to in another paragraph of this definition, that is normally available at public hospitals to persons other than in-patients;

“relevant event”, in relation to a prescribed person or the dependant of a prescribed person, means—

(a) a request made by the prescribed person or, in the case of the dependant of a prescribed person, the prescribed person of whom he is a dependant to have a professional service rendered by or on behalf of a practitioner in such circumstances that the professional service would not be regarded as being rendered by or on behalf of the hospital of which the prescribed person or the dependant, as the case may be, is a patient;

(b) where the prescribed person or the dependant is receiving hospital treatment in the course of the treatment of, or as a result of, an injury or a disease—the perscribed person or the dependant, as the case may be, receives, or establishes his right to 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; or

(c) the prescribed person or the dependant, as the case may be, becomes a nursing-home type patient in relation to whom, in respect of the provision of accommodation and the rendering of services, fees are payable at a rate that does not exceed the rate of his patient contribution.

(2) The circumstances in which persons referred to in sub-paragraph 20 (1) (a) (i) or (ii) of the Act are to be taken to be public patients for the purposes of sub-section 20 (1) of the Act are as follows:

(a) in the case of a prescribed person—

(i) the person is, on the commencing day, a hospital patient in respect of whom, immediately before that day, accommodation was being provided and services were being rendered by the hospital without charge;

(ii) the person has, before the commencing day or on or after that day, requested, in respect of his becoming a patient on the particular occasion, that the hospital provide accommodation and render services in respect of him without charge as a hospital patient; or

(iii) the person has, before the commencing day or on or after that day, requested, in respect of his becoming a patient on the particular occasion, that the hospital render to him without charge, otherwise than as an in-patient, a prescribed service,

and an event that is a relevant event in relation to the person has not occurred;

(b) in the case of the dependant of a prescribed person—

(i) the dependant is, on the commencing day, a hospital patient in respect of whom, immediately before that day, accommodation was being provided and services were being rendered by the hospital without charge;

(ii) the prescribed person has, before the commencing day or on orafter that day, requested, in respect of the dependant becoming a patient on the particular occasion, that the hospital provide accommodation and render services in respect of the dependant without charge as a hospital patient; or

(iii) the prescribed person has, before the commencing day or on or after that day, requested, in respect of the dependant becoming a patient on the particular occasion, that the hospital render to the dependant without charge, otherwise than as an inpatient, a prescribed service,

and an event that is a relevant event in relation to the dependant has not occurred.

NOTE

1. Notified in the Commonwealth of Australia Gazette