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The regulations repealed or sub-regulations omitted, including, where relevant, associated forms in Schedule 1 to the Regulations, and the reasons for so doing are as follows:
…/2.
(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the Regulations, omitted by regulation 5) for the purposes of former sub-section 20(3) of the Act which was, however, repealed by the Health Insurance Amendment Act (No. 2) 1978.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
…/3.
former section 22 of the Act which was, however, repealed by the Health Insurance Amendment Act (No. 2) 1978.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 Former sub-section 34 (2) of the Act was repealed by the Health Acts Amendment Act 1981.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.
…/4.
(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.
Overview
The Health Insurance Regulations (Amendment) Statutory Rules 1982 No. 251, issued under the authority of the Minister for Health, were enacted to address formal amendments to the Health Insurance Regulations, ensuring they remained consistent with the Health Insurance Act 1973. The primary objective of these regulations was to repeal or omit certain sub-regulations and associated forms that had become redundant following amendments to the Act, thus maintaining the integrity and applicability of the regulatory framework. This legislative action was taken pursuant to the authority granted under sub-section 133(1) of the Act, which allows for the prescription of necessary matters to implement or give effect to the Act. The regulations did not introduce any new policy considerations but rather streamlined the regulatory framework by removing outdated provisions.
Scope and Application
The Health Insurance Regulations (Amendment) Statutory Rules 1982 No. 251, issued under the authority of the Minister for Health, amend the Health Insurance Regulations to reflect changes in the underlying legislation, specifically the Health Insurance Act 1973. These regulations target the Health Insurance Regulations, removing outdated provisions that were rendered obsolete by subsequent amendments to the Act. They apply to the Commonwealth of Australia, impacting the administration of health insurance benefits and related procedures. This amendment ensures that the Regulations align with the current legal framework, eliminating inconsistencies that arose from legislative changes over the years. These changes involve the repeal of specific regulations and sub-regulations that no longer correspond with the Act, such as those related to the definition of diagnostic services and net operating costs, as well as forms prescribed for applications and other administrative purposes that have been repealed or altered by subsequent Acts. The amendments do not introduce new policy considerations but serve to streamline the regulatory framework in line with the statutory provisions. The changes are effective from the date of their notification in the Commonwealth of Australia Gazette.
Key Provisions
The Health Insurance Regulations (Amendment) Statutory Rules 1982 No. 251 issued by the authority of the Minister for Health primarily revise and repeal several sections and sub-regulations of the Health Insurance Regulations (the Regulations). These amendments are in line with changes made to the Health Insurance Act 1973 (the Act) through various legislative amendments, ensuring the Regulations no longer include provisions that are redundant or inconsistent with the current legislative framework. For instance, regulation 2AA, which prescribed items for the definition of "diagnostic services" under the Act, has been repealed because the definition itself was removed by the Health Insurance Amendment Act 1976. Similarly, regulation 2AAB, which prescribed costs for the definition of "net operating costs," has been repealed following the removal of this definition by the Health Insurance Amendment Act 1978. Other repealed regulations include those that prescribed specific forms and application procedures that are no longer applicable due to the repeal of relevant sections in the Act.
The Regulations impose specific obligations and requirements on the entities they govern. For example, entities involved in the provision of health services must ensure that they comply with the current definitions and requirements as outlined in the Act and the Regulations. This includes adhering to the prescribed forms and procedures for applications and other administrative processes, such as those previously outlined in forms 1A, 1B, and 1C, which have been omitted due to legislative changes. Furthermore, the Regulations mandate that hospital benefits to Australian residents who incurred expenses outside Australia are paid under specific conditions, a requirement that has since been repealed as the authority for such payments was removed by the Health Acts Amendment Act 1981. Compliance with these regulatory changes is essential to avoid discrepancies and ensure that health insurance services are administered correctly and efficiently.
Failure to comply with the provisions of the Health Insurance Regulations (Amendment) Statutory Rules 1982 No. 251 may result in various consequences. While the specific penalties for non-compliance are not detailed in the explanatory statement, breaches of health insurance regulations can generally lead to civil or criminal penalties, depending on the nature and severity of the breach. Civil penalties may include fines or other financial penalties, while more serious breaches could result in criminal charges, which may carry significant fines or imprisonment. It is crucial for entities governed by these Regulations to stay informed about the current requirements and ensure their practices are in line with the amended Regulations to avoid any legal repercussions.