National Health
No. 100 of 1965
An Act to amend the National Health Act 1953–1964 in relation to Pensioners.
[Assented to 13 December, 1965]
BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title and citation.
1.—(1.) This Act may be cited as the National Health Act 1965.
(2.) The National Health Act 1953–1964, as amended by this Act, may be cited as the National Health Act 1953–1965.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent but the amendment made by paragraph (b) of section 3 of this Act does not take effect until the first day of January, One thousand nine hundred and sixty-six.
Interpretation.
3. Section 4 of the National Health Act 1953–1964 is amended—
(a) by omitting from sub-section (1.) the definition of “dependant” and inserting in its stead the following definition:—
“‘dependant’, in relation to a pensioner, means—
(a) the wife of the pensioner;
(b) a woman who is living with the pensioner as his wife on a permanent and bona fide domestic basis, although not legally married to him, and has been so living with him for not less than three years;
(c) a child under the age of sixteen years in the custody, care and control of the pensioner or of the wife or husband of the pensioner; or
(d) a child in the custody, care and control of the pensioner or of the wife or husband of the pensioner, being a child who—
(i) has attained the age of sixteen years but is under the age of twenty-one years;
(ii) is receiving full-time education at a school, college or university;
(iii) is not in receipt of an invalid pension under Part III. of the Social Services Act 1947–1965; and
(iv) except where the pensioner is a person to whom, or in respect of whom, there is being paid a service pension under the Repatriation Act 1920–1965—is wholly or substantially dependent on the pensioner;”; and
(b) by omitting from sub-section (1.) the definition of “pensioner” and inserting in its stead the following definition:—
“‘pensioner’ means a person to whom, or in respect of whom, there is being paid—
(a) an age pension, an invalid pension or a widow’s pension under the Social Services Act 1947–1965;
(b) a service pension under the Repatriation Act 1920–1965; or
(c) an allowance under the Tuberculosis Act 1948,
but does not include a person who would not, by reason of his income or property, be eligible to receive a pension under the Social Services Act 1947–1965, or the Repatriation Act 1920–1965, as in force on the first day of January, One thousand nine hundred and sixty-six;”.
Overview
The National Health Act 1965, enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, was introduced to address gaps in the healthcare provisions for pensioners under the National Health Act 1953–1964. This Act amended the definition of key terms such as "dependant" and "pensioner" to ensure that the healthcare benefits under the National Health scheme more accurately reflected the realities of pensioners' circumstances, particularly their dependents. The policy objective was to ensure that healthcare provisions were inclusive and comprehensive, catering to the needs of pensioners and their families.
The Act specifies that it comes into operation on the day of Royal Assent, with a particular amendment taking effect from 1 January 1966. By redefining "dependant" to include more categories of individuals who are reliant on a pensioner, and "pensioner" to encompass various forms of pension payments, the Act aimed to bridge gaps in healthcare coverage and support for pensioners and their families.
Scope and Application
The National Health Act 1965 serves to amend the existing National Health Act 1953–1964 with specific provisions relating to pensioners, thereby extending the scope of the original Act to encompass certain health benefits and services for this group. This Act applies to individuals who are recipients of an age pension, invalid pension, widow's pension, service pension, or an allowance under the Tuberculosis Act 1948, provided they meet the eligibility criteria as defined in the Social Services Act 1947–1965 and the Repatriation Act 1920–1965. The geographic and jurisdictional reach of this Act is national, extending across the Commonwealth of Australia. The Act does not take immediate effect for all provisions; specifically, the amendment related to the definition of "pensioner" and "dependant" only becomes effective from the first day of January 1966. Additionally, the Act can be further extended or restricted through subordinate instruments, though no specific mention of such instruments is provided in the text.
Key Provisions
The National Health Act 1965, as amended, primarily serves to revise definitions and eligibility criteria for certain categories of individuals under the broader National Health Act 1953–1965. Key sections include the amendment of definitions for "dependant" (section 3(a)) and "pensioner" (section 3(b)). The new definition for "dependant" specifies who qualifies as a dependant of a pensioner, including the pensioner's wife, a woman living as his wife, children under sixteen in his care, and children aged sixteen to twenty-one who are in full-time education and dependent on the pensioner. The "pensioner" definition now includes recipients of age, invalid, or widow's pensions, service pensions, or tuberculosis allowances, but excludes those not eligible for such pensions based on income or property.
This Act imposes specific obligations and requirements on the entities it governs, particularly in determining who qualifies for the benefits under the National Health Act 1953–1965. The new definitions necessitate that relevant authorities must verify the status of individuals claiming benefits under the Act, ensuring that they meet the criteria for being a "dependant" of a "pensioner" as outlined in the legislation. Authorities must also ensure that pension recipients are correctly identified according to the updated definition, excluding those who would not be eligible based on income or property.
The Act also outlines potential consequences for non-compliance or breaches of its provisions. While the Act does not explicitly detail specific offences, penalties, or consequences for breaches, it can be inferred that failure to comply with the eligibility criteria or the proper administration of benefits could lead to legal action under the broader National Health Act 1953–1965 or other related legislation. The penalties for such breaches could include fines, corrective measures, or other sanctions as prescribed by the overarching Act or relevant regulations.