Tuberculosis Act 1949 (NSW)

TUBERCULOSIS ACT.

Act No. 47, 1949.

An Act to authorise an Arrangement between George vr. the Commonwealth of Australia and the^*®^*'* State of New South Wales relating to

tuberculosis to be executed by or on behalf of the State of New South Wales; to amend the Public Hospitals Act, 1929, as amended by subsequent Acts ; and for purpos ŝs connected therewith. [Assented to, 30th November, 1949.]

T J E it enacted by the King’s Most Excellent Majesty, r > by and with the advice and consent of the Legis­ lative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:—

1, This Act may be cited as the “ Tuberculosis Act, suorttitie.

1949.”

2 . The execution, by or on behalf of the State of New Execution

South Wales, of an Arrangement with the Commonwealth reiaT*

of Australia, relating to the participation by the ing to tuber-

Commonwealth and the State in a campaign to reduce ûiosis.

the incidence of tuberculosis and to provide adequate

facilities for the diagnosis, ti'eatment and control of

tuberculosis, substantially in accordance with the heads

of arrangement specified in the Schedule to this Act, is

hereby authorised.

,3.

406                   Tuberculosis Act.

Mo. 47, 1949. 3 ̂ fpjiQ Public Hospitals Act, 1929, as amended by

Amendment Subsequent Acts, is amended by inserting next after

32a the following neAv section;—

New sec.

32b.

Charges in	32b. During the period Avithin Avhich the Arrange­
respect of

sufferers	ment executed under the provisions of the Tuber­
from	culosis Act, 1949, is in force no means test shall be
tuberculosis.	imposed on and no charge shall be made in respect of sufferers from tuberculosis occupying beds in public wards in any hospital or part of a hospital the maintenance expenditure of which by the State is subject to any such Arrangement.

In this section—

“ tuberculosis” means tuberculous disease, in Avhatever form, which has not been a rrested ;

“ jDublic AAmrd” means a A\mrd Avhich is

ordinarily recognised as a public Avard.

SCHEDULE.

T uberculosis Campaign; H eads of A rrangement.

1. The arrangement shall be in force for a period of ten years from the first day of July, one thousand nine hundred and forty- eight, and prior to expiration the Commonwealth and the State shall confer with a view to a further arrangement being entered into.

2. The Commonwealth and the State to participate in a campaign to reduce as soon and as far as possible the incidence of tuberculosis in Australia and to provide adequate facilities for the diagnosis, treatment and control of tuberculosis.

3. The arrangement shall provide for reimbursement to the Statfr

by the Commonwealth of—

(a) the capital expenditure incurred by the State on or after the first day of July, one thousand nine hundred and forty- eight, in the provision of land and buildings for use in the diagnosis, treatment and control of tuberculosis and in the erection and improvement of buildings and the provisions of furnishings, equipment and plant for such use; and

. (b)

Tuberculosis Act. 407

No. 47, 1949.

(b) the net maintenance expenditure incurred by the State in relation to the diagnosis, treatment and control of tuber­ culosis in any financial year after the year which ended on the thirtieth day of June, one thousand nine hundred and forty-eight, to an extent not exceeding the amount by which that expenditure is in excess of the net maintenance expen­ diture in relation to the diagnosis, treatment and control of tuberculosis incurred by the State during that last mentioned year.

4.        The arrangement shall in respect of thy matters mentioned in

clause three above also provide—

(a) for information to be supplied to the Commonwealth Mini­ ster by such persons, at such times and in such form as he requires in order to enable him to determine whether any such expenditure should be approved by him; and

' (b) that any such expenditure shall be sub.iect to the approval of the Commonwealth Minister before that expenditure is reimbursed to the State by the Commonwealth.

5.        For the purposes of this arrangement, net maintenance expen­

diture incurred by the State in any financial year shall not include any payment by the State by way of allowances to, or in respect of, sufferers from tuberculosis and their dependants, and the amount of any net maintenance expenditure shall be arrived at after taking into account—

(a) payments for that year by the Commonwealth to the State, under the agreement entered into under the Hospital Benefits Act 194,5-1947 of the Parliament of the Common­ wealth and the Hospital Benefits Agreement Act, 1940-1949, of the Parliament of the State, at the Commonwealth Hospital Benefits Expenditure Bate for public wards in respect of beds occupied by sufferers from tuberculosis;

’	(b)	payments for that year by the Commonwealth to the State under sections four and five of the Tuberculosis Act 1945­ 1946 of the Parliament of the Commonwealth;
(c)	payments by the Commonwealth to the State, on behalf of approved hospital authorities, under section fourteen of the Pharmaceutical Benefits Act 1947 of the Parliament of the Commonwealth, in respect of the supply during that year of pharmaceutical benefits for the treatment of tuber­ culosis; and
'	(d)	any other amounts received during that year by the State, or by any institution upon the maintenance of which any part of that expenditure has been incurred, from, or in respect of, patients treated for tuberculosis.

408 Tuberculosis Act.

Mo. 47, 1949.	6. The arrangement shall also provide that any assets acqnired by the State the cost, or part of the cost, of which has been reim­ bursed to the State under the arrangement shall not, without the approval of the Commonwealth Minister, be used otherwise than for the diagnosis, treatment and control of tuberculosis.
7. The arrangement may also make provision for and in respect of the indemnification of the Commonwealth against payment by way of compensation for property the cost of which has been reim­ bursed in whole or in part to the State by the Commonwealth under the arr'angement, in the event of the acquisition of that property by the Commonwealth, and may fix the limits of and the basis for such indemnity.
8. The arrangement may also provide that the State will ensure that no charge shall be made for patients in public wards in an institution upon the maintenance of which any part of the net maintenance expenditure has been incurred.
9. The arrangement may provide for the appointment by the State of a Director of Tuberculosis.
10. The arrangement to provide for conferences between the Prime Minister and the Premier on means for effectually carrying out the campaign.