EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO. 251
ISSUED BY AUTHORITY OF THE MINISTER FOR HEALTH
HEALTH INSURANCE REGULATIONS (AMENDMENT)
Sub-section 133 (1) of the Health Insurance Act 1973 (‘the Act’) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
The regulations effect a number of formal amendments to the Health Insurance Regulations (‘the Regulations’) which do not involve any considerations of a policy nature. The amendments repeal regulations or omit sub-regulations which, as a result of amendments of the Act, no longer accorded with the original authority for making under sub-section 133 (1).
The regulations repealed or sub-regulations omitted, including, where relevant, associated forms in Schedule 1 to the Regulations, and the reasons for so doing are as follows:
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(i) Regulation 2AA prescribed items for the purposes of the definition of “diagnostic services” formerly in sub-section 3(1) of the Act but which was omitted from the Act by the Health Insurance Amendment Act 1976.
(ii) Regulation 2AAB prescribed costs for the purposes of the definition of “net operating costs” formerly in sub-section 3(1) of the Act but which was omitted from the Act by the Health Insurance Amendment Act 1978.
(iii) Regulation 2A prescribed a form (form 1A in Schedule 1 to the Regulations, omitted by regulation 5) for the purposes of former sub-section 20(3) of the Act which was, however, repealed by the Health Insurance Amendment Act (No. 2) 1978.
(iv) Regulations 2B and 2C prescribed forms (forms 1B and 1C in Schedule 1 to the Regulations, omitted by regulation 5) for the purposes of
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former section 22 of the Act which was, however, repealed by the Health Insurance Amendment Act (No. 2) 1978.
(v) Sub-regulation 5(1) prescribed a form of application (form 3 in Schedule 1 to the regulations, omitted by regulation 5) for the purposes of former sub-section 34(2) of the Act. Sub-regulation 5(2) prescribed the manner of the making of an application for the purposes of former sub-section 34 (2). Former sub-section 34 (2) of the Act was repealed by the Health Acts Amendment Act 1981.
(vi) Sub-regulations 6(1) and 7(1) prescribed forms (forms 4 and 5 in Schedule 1 to the Regulations, omitted by regulation 5) for the purposes of former section 35 of the Act which was repealed by the Health Insurance Amendment Act 1978, a new section 35 being substituted which provides similarly but that there be “approved” forms, not ones prescribed by regulations.
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(vii) Regulation 9AA prescribed matters for the purposes of former paragraph 82(1) (b) of the Act which was, however, repealed by the Health Insurance Amendment Act 1977.
(viii) Regulations 11 and 12 provided for the payment by the Commonwealth of hospital benefits, at such rates and subject to such conditions as prescribed, to Australian residents who had incurred expense in respect of care and treatment in hospitals outside Australia whilst temporarily absent from Australia. The authority for these regulations was contained in former sub-section 133 (3) of the Act which was, however, repealed by the Health Acts Amendment Act 1981.
The statutory rules commenced to operate on the date of their notification in the Commonwealth of Australia Gazette.