National Health Act 1972

National Health

No. 114 of 1972

An Act to amend the National Health Act 1953-1971.

[Assented to 31 October 1972]

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 1972.

(2.) The National Health Act 1953-1971 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the National Health Act 1953-1972.

Commencement.

2.—(1.) Sections 1, 2, 5 and 6, sections 31 to 36 (inclusive) and sections 38 and 39 of this Act shall come into operation on the day on which this Act receives the Royal Assent.

(2.) The remaining provisions of this Act (other than sub-section (1.) of section 3 and sections 14 and 30 of this Act) shall come into operation on a date to be fixed by Proclamation.

(3.) Sub-section (1.) of section 3 and sections 14 and 30 of this Act shall come into operation on a date to be fixed by Proclamation, being a date not earlier than the date fixed under the last preceding sub-section.

Parts.

3.—(1.) Section 3 of the Principal Act is amended by omitting the words—

“Division 6.—General (Sections 59-64).”

and inserting in their stead the words—

“Division 5b.—Patients receiving Domiciliary Nursing Care (Sections 58d-58j).

“Division 6.—General (Sections 59-64).”.

(2.) Section 3 of the Principal Act is amended by omitting the words—

“Division 3.—Pharmaceutical Services Committees of Inquiry (Sections 113-117).”

and inserting in their stead the words—

“Division 3.—Pharmaceutical Services Committees of Inquiry (Sections 113-117).

“Division 3a.—Nursing Homes Fees Review Committees of Inquiry (Sections 117a-117b).”.

Interpretation.

4. Section 4 of the Principal Act is amended—

(a) by adding at the end of the definition of “gross fees” in sub-section (1.) the words “or of any nursing home fund benefit”;

(b) by omitting from sub-section (1.) the definitions of “nursing home” and “nursing home care” and inserting in their stead the following definitions:—

“‘nursing care’ means nursing care given by or under the supervision of a registered nurse;

‘nursing home’ means premises—

(a) that are fitted, furnished and staffed for the purpose of providing accommodation and nursing care for patients who, by reason of infirmity or illness, disease, incapacity or disability, have a continuing need for nursing care; and

(b) in which patients of that kind are received and lodged exclusively for the purpose of providing them with accommodation and nursing care,

but does not include—

(c) a hospital;

(d) an institution carried on exclusively or principally for the care and treatment of mentally ill or mentally defective persons, being an institution conducted by, or in receipt of a grant for maintenance from, a State; or

(e) premises the maintenance expenditure of which is provided for under an arrangement entered into under the Tuberculosis Act 1948;

‘nursing home care’ means accommodation and nursing care of a kind provided in a nursing home;

‘nursing home fund benefit’ means the amount payable under the rules of a registered hospital benefits organization in respect of a person who is a qualified nursing home patient;”;

(c) by omitting from paragraph (a) of the definition of “qualified nursing home patient” in sub-section (1.) the word “or”;

(d) by adding at the end of the definition of “qualified nursing home patient” in sub-section (1.) the following word and paragraph:—

“or (c) a patient who is receiving nursing home care in the approved nursing home in accordance with an arrangement entered into between the proprietor of the approved nursing home and a Deputy Commissioner of Repatriation acting in pursuance of a power conferred on him by regulations in force under—

(i) the Repatriation Act 1920-1972;

(ii) the Seamen’s War Pensions and Allowances Act 1940-1972;

(iii) the Interim Forces Benefits Act 1947-1966;

(iv) the Repatriation (Far East Strategic Reserve) Act 1956-1972; or

(v) the Repatriation (Special Overseas Service) Act 1962-1972;”;

(e) by inserting in sub-section (1.), after the definition of “registered medical benefits organization”, the following definition:—

“‘registered nurse’ means—

(a) a person registered under a law of a State or Territory (other than the State of South Australia) as a general nurse; or

(b) a person registered under a law of the State of South Australia as a nurse;”;

(f) by inserting in sub-section (1.), after the definition of “restricted membership organization”, the following definition:—

“‘State nursing home’ means a prescribed nursing home conducted by or on behalf of a State;”; and

(g) by adding at the end thereof the following sub-section:—

“(5.) A reference in this Act to the conditions applicable to a nursing home shall be read as a reference to the conditions to which the approval of a nursing home is subject by virtue of sub-section (6.) of section forty aa of this Act.”.

Calculation of Commonwealth benefits payable where two or more operations are performed.

5. Section 16a of the Principal Act is amended by inserting in sub-section (2.), after the word “two”, the words “or more”.

Commonwealth benefits not payable where medical expenses payable to public hospitals.

6. Section 19 of the Principal Act is amended by omitting paragraph (b) of the definition of “public hospital” in sub-section (2.) and inserting in its stead the following paragraph:—

“(b) in relation to the Australian Capital Territory, the Canberra Hospital and the Woden Valley Hospital.”.

Approval of hospitals.

7. Section 40 of the Principal Act is amended—

(a) by omitting from sub-section (1.) the words “or nursing home care” (wherever occurring);

(b) by omitting from sub-section (1.) the words “or as an approved nursing home”; and

(c) by omitting sub-sections (3.) and (5.).

8. After section 40 of the Principal Act the following sections are inserted:—

Approval of nursing homes.

“40aa.—(1.) The proprietor of premises, being a nursing home, may apply, in the authorized form, for approval of the premises as an approved nursing home.

“(2.) Subject to this section, where the Director-General is satisfied that the premises in respect of which an application is made are a nursing home, the Director-General shall approve the premises as an approved nursing home for the purposes of this Part.

“(3.) Where—

(a) application is made for approval of premises (not being a State nursing home) as an approved nursing home, not being an application made before the commencement of this section by virtue of sub-section (2.) of section thirty-nine of the National Health Act 1972; and

(b) the Director-General is of the opinion that approved nursing homes (including premises proposed to be approved as nursing homes) in the locality in which the premises to which the application relates are situated make adequate provision for nursing home care in that locality, being an opinion that, where the premises are in a State, is formed by the Director-General after consulting with the authority in that State responsible for the administration of nursing homes in that State,

he may refuse the application unless the applicant has, within the period of twelve months, or within such longer period as the Director-General allows, before the application is made, informed the Director-General, in writing, that the applicant proposes to make the application and the Director-General has informed the applicant, in writing, that the application will not be refused under this sub-section.

“(4.) Where—

(a) the approval of premises as a nursing home has been revoked under sub-section (2.) of section forty-four of this Act by reason that the Director-General is of the opinion that a condition applicable to the nursing home has not been complied with; and

(b) the person who was the proprietor of the nursing home at any time when the condition was not complied with applies under this section for approval of those premises, or of any other premises, as a nursing home,

the Director-General may refuse the application.

“(5.) If the Director-General does not grant an approval in accordance with an application under this section, he shall refuse the application and notify the applicant, in writing, accordingly.

“(6.) The approval of premises as an approved nursing home is, except in the case of a State nursing home, subject to the following conditions:—

(a) a condition that the number of beds available in the nursing home for qualified nursing home patients will not at any time exceed such number of beds as is determined from time to time by the Director-General as the approved number of beds in relation to the nursing home and that no alteration of, or addition to, the premises the purpose of which is, or the effect of which will be, to enable the number of beds available in the nursing home for qualified nursing home patients to be increased will be commenced without the approval of the Director-General;

(b) a condition that a person will not, after the commencement of this section, be admitted to the nursing home as a qualified nursing home patient unless the admission of the person to an approved nursing home has been approved by the Director-General under the next succeeding section;

(c) a condition that—

(i) the gross fees in respect of the nursing home care of a qualified nursing home patient in the nursing home will not exceed such fees as are from time to time applicable in respect of the nursing home care of the patient in accordance with such scale of fees as is determined by the Director-General in relation to the nursing home; and

(ii) no extra charges will be payable by or on behalf of a qualified nursing home patient in the nursing home except in respect of matters not related to the nursing home care provided for the patient; and

(d) any other conditions determined by the Director-General for the purpose of ensuring that the needs of qualified nursing home patients in the nursing home are satisfactorily provided for.

“(7.) The Director-General shall, in determining the scale of fees in relation to a nursing home for the purposes of sub-paragraph (i) of

paragraph (c) of the last preceding sub-section, have regard to costs necessarily incurred in providing nursing home care in the nursing home.

“(8.) Where—

(a) a person is admitted to an approved nursing home as a qualified nursing home patient without the prior approval of the Director-General under the next succeeding section being obtained to the admission; and

(b) the Director-General is satisfied—

(i) that the circumstances of the admission were such that it was not practicable for his prior approval to be obtained; and

(ii) that, if application for his approval had been made under the next succeeding section at the time of the admission, he would have approved the admission,

the Director-General shall approve the admission but, if not so satisfied, shall refuse to approve the admission and, in either case, shall notify the person, in writing, accordingly.

“(9.) An approval under the last preceding sub-section has effect, for the purposes of this Act, as if it had been given under the next succeeding section before the admission.

“(10.) A power or function of the Director-General under sub-section (8.) of this section shall not be delegated except to a medical practitioner employed in the Department of Health.

Approval of admission of a person to an approved nursing home.

“40ab.—(1.) A person may, on his own behalf or on behalf of another person, apply to the Director-General, in accordance with the authorized form, for approval for the admission of himself or of the other person to an approved nursing home.

“(2.) An application under the last preceding sub-section shall include a certificate, in accordance with the authorized form, by a medical practitioner that the person in respect of whose admission approval is sought, by reason of infirmity or illness, disease, incapacity or disability, has a continuing need for nursing care.

“(3.) Where the Director-General is satisfied, with respect to an application under sub-section (1.) of this section, that, by reason of infirmity or illness, disease, incapacity or disability, the patient requires such nursing care as would warrant his admission to an approved nursing home, the Director-General shall approve the application but, if not so satisfied, shall refuse the application and, in either case, shall notify the applicant, in writing, accordingly.

“(4.) For the purposes of the last preceding sub-section, a patient shall be deemed not to require such nursing care as would warrant his admission to an approved nursing home if the Director-General is satisfied that, having regard to the medical condition of the patient and to any

other relevant circumstances, the needs of the patient would be adequately, and more suitably, provided for in accommodation in an institution other than an approved nursing home and that such accommodation is available to the patient.

“(5.) A power or function of the Director-General under this section shall not be delegated except to a medical practitioner employed in the Department of Health.

Review by Minister of refusal of approval of admission to nursing home.

“40ac.—(1.) Where the Director-General—

(a) has refused an application for approval for the admission of a person to an approved nursing home made under the last preceding section; or

(b) has refused to approve the admission of a person to an approved nursing home under sub-section (8.) of section forty aa of this Act,

the person concerned or another person acting on his behalf may, by writing under his hand, request the Minister to review the decision of the Director-General.

“(2.) Upon receipt of a request by a person under the last preceding sub-section, the Minister shall, after such investigation of the matter as he considers necessary, either confirm the decision of the Director-General or grant the necessary approval and, in either case, shall notify the person, in writing, accordingly.

“(3.) An approval granted by the Minister under the last preceding sub-section shall be deemed to be an approval of the Director-General under the last preceding section or under sub-section (8.) of section forty aa of this Act, as the case may be.

Alterations of conditions applicable to a nursing home.

“40ad.—(1.) The Director-General may at any time, on application by the proprietor of a nursing home or otherwise, alter the conditions applicable to the nursing home—

(a) by substituting for the number of beds determined in relation to the nursing home for the purposes of paragraph (a) of sub-section (6.) of section forty aa of this Act such other number as is determined by the Director-General;

(b) by substituting for the scale of fees determined in relation to the nursing home for the purposes of sub-paragraph (i) of paragraph (c) of sub-section (6.) of section forty aa of this Act such other scale of fees as is determined by the Director-General; or

(c) by determining conditions in relation to the nursing home under paragraph (d) of sub-section (6.) of section forty aa of this Act or by revoking or varying any conditions previously determined by him in relation to the nursing home under that paragraph.

“(2.) Where the Director-General, in pursuance of the last preceding sub-section, alters the conditions applicable to a nursing home, he shall

cause to be issued to the proprietor of the nursing home, in place of the certificate of approval in force under section forty-one of this Act in relation to the nursing home, a new certificate of approval, in accordance with the appropriate authorized form, specifying—

(a) the conditions as so altered; and

(b) the date on and from which those altered conditions have effect.

Application by proprietor of nursing home for alteration of conditions.

“40ae.—(1.) Where the proprietor of an approved nursing home makes application, in writing, to the Director-General for the Director-General to alter the conditions applicable to the nursing home, the Director-General shall, within two months after receipt of the application, either alter the conditions, whether in accordance with the application or otherwise, or refuse the application, and notify the applicant, in writing, accordingly.

“(2.) Where the Director-General does not alter the conditions in accordance with the application, the proprietor may, by writing under his hand, request the Minister to review the decision of the Director-General.

“(3.) Upon receipt of a request under the last preceding sub-section, the Minister shall, after such investigation of the matter as he considers necessary, either confirm or vary the decision of the Director-General, and advise the proprietor accordingly.

“(4.) Where a request under sub-section (2.) of this section relates to the fees applicable to a nursing home, the Minister shall, as part of his investigation of the matter, refer the matter to the appropriate Nursing Homes Fees Review Committee of Inquiry established under Division 3a of Part VIII. of this Act for examination and report to the Minister and shall not take any further action in the matter until he has received the report of the Committee.

“(5.) Where the Minister varies the decision of the Director-General, the Director-General shall, for the purposes of sub-section (2.) of the last preceding section, be deemed to have altered the conditions applicable to the nursing home in accordance with the decision as so varied.”.

Certificate of approval.

9. Section 41 of the Principal Act is amended—

(a) by adding at the end of sub-section (1.) the words “,being a certificate that, in the case of an approved nursing home (not being a State nursing home), specifies the conditions applicable to the nursing home”; and

(b) by inserting after sub-section (1.) the following sub-section:—

“(1a.) A certificate of approval may specify that the approval is to cease to have effect on a date specified in the certificate.”.

Variation or revocation of approval by Director-General.

10. Section 44 of the Principal Act is amended by inserting in sub-section (2.), after the word “given,” (second occurring), the words “or that a condition applicable to the approved nursing home has not been complied with,”.

Benefit payable in respect of nursing home care.

11. Section 56 of the Principal Act is amended by omitting sub-sections (2.) and (3.).

12. After section 56 of the Principal Act the following section is inserted:—

Nursing home benefits not payable unless nursing home fees are adjusted.

“56a.—(1.) Commonwealth benefit is not payable to the proprietor of an approved nursing home for any day in respect of a qualified nursing home patient unless—

(a) where the gross fees for the nursing home care of the patient for that day exceed the amount of Commonwealth benefit or, if nursing home fund benefit is also payable for that day in respect of that patient, the amount of the combined benefits—the amount of the fees actually charged in respect of the patient for the nursing home care by the proprietor of the nursing home does not exceed the amount of the gross fees reduced by the amount of Commonwealth benefit or of the combined benefits, as the case may be;

(b) where the gross fees for the nursing home care of the patient for that day do not exceed the amount of Commonwealth benefit or, if nursing home fund benefit is also payable for that day in respect of that patient, the amount of the combined benefits—no fee is charged in respect of the patient by the proprietor of the nursing home for the nursing home care; or

(c) no fee for the nursing home care of the patient for that day is payable to the proprietor of the nursing home.

“(2.) Where the gross fees for the nursing home care of a qualified nursing home patient exceed the amount of Commonwealth benefit or, if nursing home fund benefit is also payable in respect of that nursing home care, the amount of the combined benefits, and those fees are charged without being reduced by the amount of Commonwealth benefit or of the combined benefits, as the case may be, the Director-General may, in his discretion, direct that Commonwealth benefit or the combined benefits, as the case may be, be paid to the patient or to the person (if any) who has paid the fees to the proprietor of the nursing home.

“(3.) In this section—

‘Commonwealth benefit’, in relation to a patient, means Commonwealth benefit payable under the last preceding section (including the amount, if any, by which that benefit is increased by virtue of sub-section (5.) of section fifty-seven a of this Act) in respect of the patient and, if Commonwealth benefit is also payable in respect of the patient under section fifty-seven b of this Act, includes that benefit;

‘the combined benefits’, in relation to a patient, means Commonwealth benefit and nursing home fund benefit payable in respect of the patient.”.

13. After section 57a of the Principal Act the following sections are inserted:—

Additional benefit payable in respect of nursing home care.

“57b.—(1.) Subject to this Part, there is payable to the proprietor of an approved nursing home (in addition to any other Commonwealth benefit payable under this Division) a Commonwealth benefit of an amount equal to the appropriate benefit set out in the table in the Eighth Schedule to this Act having regard to the State or Territory in which the nursing home is situated, in respect of each qualified nursing home patient who is a pensioner or a dependant of a pensioner, for each day on which the patient receives nursing home care in that nursing home.

“(2.) Where—

(a) a qualified nursing home patient referred to in the last preceding; sub-section is receiving nursing home care in a nursing home that is not a State nursing home; and

(b) the sum of—

(i) the amount of Commonwealth benefit under section fifty-six of this Act (including the amount, if any, by which that benefit is increased by virtue of sub-section (5.) of section fifty-seven a of this Act) payable in respect of that patient, for a day;

(ii) Two dollars fifty-five cents; and

(iii) such amount as would, but for this sub-section, be payable as additional Commonwealth benefit under the last preceding sub-section in respect of that patient for that day,

exceeds the gross fees for nursing home care in respect of that patient for that day,

the additional Commonwealth benefit payable under the last preceding, sub-section shall be reduced by the amount of the excess.

“(3.) Where an amount of additional Commonwealth benefit ascertained in accordance with the last preceding sub-section is not a multiple of Five cents, that amount shall be increased to the nearest higher amount that is a multiple of Five cents.

Direction that additional Commonwealth benefit and fund benefit in respect of nursing home care not be subject to reduction.

“57c. Where the Director-General considers that the gross fees for nursing home care of qualified nursing home patients in a nursing home are less than would be appropriate having regard to the standard of nursing home care provided in that nursing home, the Director-General may, by instrument in writing, direct that—

(a) sub-section (2.) of the last preceding section does not apply in, relation to any of the qualified nursing home patients in that nursing home who are pensioners or dependants of pensioners; and

(b) the rules of registered hospital benefits organizations made by virtue of paragraph (a) of sub-section (3.) of section seventy-three c of this Act do not apply in relation to any of the qualified, nursing home patients in that nursing home who are contributors.”.

14. After Division 5a of Part V. of the Principal Act the following Division is inserted:—

“Division 5b.—Patients receiving Domiciliary Nursing Care.

Definitions.

“58d. In this Division, unless the contrary intention appears—

‘approved person’ means a person approved under the next succeeding section;

‘domiciliary nursing care’, in relation to a patient, means such nursing care and such other care provided for the patient by another person in a private home that is the residence of the other person and of the patient as is required having regard to the needs of the patient;

‘nursing care’ means nursing care given by or under the supervision of a registered nurse;

‘patient’, in relation to an approved person, means a patient to whom the approval of the approved person relates;

‘private home’ includes lodgings;

‘registered nurse’ includes a person who is registered under a law of a State or Territory as—

(a) a psychiatric nurse;

(b) a mental nurse; or

(c) a geriatric nurse.

Approval of person as approved person in relation to a patient.

“58e.—(1.) A person may apply to the Director-General, in accordance with the authorized form, for approval as an approved person, for the purposes of this Division, in relation to a patient—

(a) who is being cared for by the applicant in a private home that is the residence of the applicant and of the patient;

(b) who has attained the age of sixty-five years; and

(c) in respect of whom—

(i) a medical practitioner has certified, in accordance with the authorized form, that the patient, by reason of infirmity or illness, disease, incapacity or disability, has a continuing need for nursing care; and

(ii) a registered nurse has certified, in accordance with the authorized form, that the patient is receiving adequate nursing care.

“(2.) An application under the last preceding sub-section shall include the certificates referred to in paragraph (c) of that sub-section.

“(3.) Where the Director-General is satisfied, with respect to an application under sub-section (1.) of this section, that—

(a) the infirmity or illness, disease, incapacity or disability of the patient is such that, if he applied under section forty ab of this Act for approval of his admission to an approved nursing home, his application would be approved;

(b) the patient has attained the age of sixty-five years;

(c) the patient—

(i) is the wife or husband of the applicant;

(ii) is living with the applicant as his wife or her husband, as the case may be, on a permanent and bona fide domestic basis although not legally married to the applicant;

(iii) is a parent (including a step-parent or a foster-parent) of the applicant or a parent (including a step-parent or a foster-parent) of such a parent;

(iv) is a brother (including a half-brother, stepbrother or foster-brother), a sister (including a half-sister, stepsister or foster-sister), an aunt or an uncle of the applicant; or

(v) is a person whom the Director-General, having regard to the circumstances of the particular case, approves as a patient in relation to the applicant; and

(d) the applicant is providing domiciliary nursing care for the patient in a private home that is the residence of the applicant and of the patient,

the Director-General shall approve the applicant as an approved person, for the purposes of this Division, in relation to the patient but, if not so satisfied, shall refuse the application and, in either case, shall notify the applicant, in writing, accordingly.

“(4.) A person may be approved under this section as an approved person in relation to two, but not more than two, patients.

“(5.) A person who is a patient in relation to an approved person is not eligible to be—

(a) an approved person in relation to a patient; or

(b) a patient in relation to another approved person.

“(6.) An approval under this section shall specify the date on which it is to take effect, which may be a date earlier than the date on which the approval is given but shall not be a date earlier than the date on which the application to which the approval relates is received.

“(7.) An approval under this section may provide that the approval is to cease to have effect on a date specified in the approval.

“(8.) A power or function of the Director-General under this section shall not be delegated except to a medical practitioner employed in the Department of Health.

Review by Minister of refusal of approval of person as approved person in relation to a patient.

“58f.—(1.) Where the Director-General has refused an application for approval of a person as an approved person in relation to a patient under the last preceding section, the person concerned or another person acting on his behalf may, by writing under his hand, request the Minister to review the decision of the Director-General.

“(2.) Upon receipt of a request by a person under the last preceding sub-section, the Minister shall, after such investigation of the matter as he considers necessary, either confirm the decision of the Director-General or grant the necessary approval and, in either case, shall notify the person, in writing, accordingly.

“(3.) An approval granted by the Minister under the last preceding sub-section shall be deemed to be an approval of the Director-General under sub-section (3.) of the last preceding section.

Payment of benefit.

“58g. Where an approved person provides domiciliary nursing care for a patient, there is payable by the Commonwealth to the approved person in respect of the patient a domiciliary nursing care benefit of Two dollars for each day on which the approved person so provides domiciliary nursing care.

Notification of death of patient, &c.

“58h. An approved person who is in receipt of a domiciliary nursing care benefit in respect of a patient shall, within seven days after—

(a) the death of the patient;

(b) the removal of the patient from the residence of the approved person;

(c) any change of which the approved person is aware in the circumstances of the patient by reason of which the patient has ceased to be in need of domiciliary nursing care; or

(d) the cessation of the provision of domiciliary nursing care to the patient,

notify the Director-General, in writing, accordingly.

Penalty: Forty dollars.

Revocation of approval of approved person.

“58j.—(1.) Where the Director-General is satisfied that an approved person has ceased to provide domiciliary nursing care for a patient, the Director-General shall, by notice in writing, served personally or by post on the approved person, revoke the approval of the approved person in relation to that patient.

“(2.) A power or function of the Director-General under this section shall not be delegated except to a medical practitioner employed in the Department of Health.”.

15. After section 60 of the Principal Act the following section is inserted:—

Information to be furnished by proprietor of approved nursing home.

“60a. For the purpose of ascertaining whether the conditions to which the approval of a nursing home is subject are being complied with, the Director-General may request the proprietor of the nursing home to furnish to the Director-General such information as the Director-General specifies, and the proprietor of the nursing home shall, as soon as practicable after the request is made, furnish the information to the Director-General.

Penalty: Forty dollars.”.

Records to be kept by approved hospital, nursing homes and handicapped persons homes.

16. Section 61 of the Principal Act is amended by inserting after the word “verified” the words “and, in the case of an approved nursing home, as well, enable compliance with the conditions to which the approval of the nursing home is subject to be verified,”.

Offences.

17. Section 62 of the Principal Act is amended by inserting after sub-section (2a.) the following sub-section:—

“(2b.) A person shall not, in pursuance of a request made under section sixty or section sixty a of this Act, supply a statement, or furnish information, that is false or misleading in a material particular.”.

Interpretation.

18. Section 66 of the Principal Act is amended by omitting from sub-section (1.) the definition of “fund benefit” and inserting in its stead the following definition:—

“‘fund benefit’ means a medical fund benefit, a hospital fund benefit, a nursing home fund benefit or both a hospital fund benefit and a nursing home fund benefit, as the case requires;”.

19. After section 73b of the Principal Act the following section is inserted:—

Conditions of registration relating to nursing home care.

“73c.—(1.) Where an organization is registered as a hospital benefits organization, whether the registration was effected before, or is effected after, the commencement of this section, the registration shall be deemed to be subject to the condition that the rules of the organization will, at all times, include provision for the payment, out of the hospital benefit fund, or of each hospital benefit fund, conducted by the organization to the proprietor of an approved nursing home of a benefit calculated in accordance with the next succeeding sub-section.

“(2.) The benefit referred to in the last preceding sub-section is an amount equal to the appropriate benefit set out in the table in the Eighth Schedule to this Act having regard to the State or Territory in in which the nursing home is situated, in respect of each qualified nursing home patient in the nursing home who is a contributor to a hospital benefit fund conducted by the organization, for each day on which the patient receives nursing home care in that nursing home.

“(3.) The rules of a registered hospital benefits organization may include—

(a) a rule that, where—

(i) a qualified nursing home patient who is a contributor is receiving nursing home care in a nursing home that is not a State nursing home; and

(ii) the sum of—

(a) the amount of the benefit referred to in sub-section (1.) of this section that would, but for this rule, be payable by the organization in respect of that patient for a day;

(b) the amount of any Commonwealth benefit under section fifty-six of this Act (including the amount, if any, by which that benefit is increased by virtue of sub-section (5.) of section fifty-seven a of this Act) payable in respect of that patient for that day; and

(c) Two dollars fifty-five cents,

exceeds the gross fees for nursing home care in respect of that patient for that day,

the benefit referred to in clause (a) of sub-paragraph (ii) of this paragraph shall be reduced by the amount of the excess;

(b) a rule that, where a Commonwealth benefit under section fifty-seven b of this Act is payable in respect of a contributor for a day on which the contributor receives nursing home care in a nursing home, no benefit referred to in sub-section (1.) of this section is payable in respect of that contributor for that day; and

(c) a rule that benefit referred to in sub-section (1.) of this section is not payable in respect of a contributor for a day in respect of which Commonwealth benefit under section fifty-six of this Act is not payable in respect of that contributor.”.

Changes of rules, &c., by registered organization.

20. Section 78 of the Principal Act is amended—

(a) by inserting in sub-section (6.), after the word “shall”, the words “,subject to sub-section (8.) of this section,”; and

(b) by adding at the end thereof the following sub-section:—

“(8.) The Minister shall not refuse to approve of a change referred to in sub-section (1.) of this section if the change is required, or permitted, to be made by or under this Act.”.

Provisions applicable to persons ceasing to be pensioners.

21. Section 81a of the Principal Act is amended by omitting from paragraphs (c) and (d) of sub-section (1.) the words “or hospital treatment” (wherever occurring) and inserting in their stead the words “, hospital treatment or nursing home care”.

Offences.

22. Section 82 of the Principal Act is amended by inserting in sub-section (6.), after the word “treatment”, the words “or nursing home care”.

Contributors suffering from pre-existing ailments, chronic illnesses, &c.

23. Section 82c of the Principal Act is amended—

(a) by omitting from sub-section (1.) the words “sub-section (2.) of this section” and inserting in their stead the words “the next succeeding sub-section”;

(b) by inserting after sub-section (1.) the following sub-section:—

“(1aa.) The contributions the amounts of which are to be credited to a special account in accordance with the last preceding

sub-section are, subject to section eighty-two g of this Act, all contributions by or on behalf of the contributor that became or become payable on or after—

(a) where a claim has been met by the organization for a professional service in respect of the contributor rendered during the period of six months ending on the day immediately before the rendering of the professional service to which the claim referred to in the last preceding sub-section relates—the day immediately after the rendering of that first-mentioned professional service or, if there was more than one such professional service, after the rendering of the later or last such professional service; or

(b) in any other case—the day on which the period of six months referred to in the last preceding paragraph commenced.”; and

(c) by omitting sub-section (2.) and inserting in its stead the following sub-section:—

“(2.) The contributions the amounts of which are to be credited to a special account in accordance with the last preceding sub-section are, subject to section eighty-two g of this Act, all contributions by or on behalf of the contributor that became or become payable on or after—

(a) where a claim has been met by the organization for a period of hospital treatment or nursing home care in respect of the contributor rendered during the period of six months ending on the day immediately before the commencement of the hospital treatment to which the claim referred to in the last preceding sub-section relates—the day immediately after the ending of that first-mentioned hospital treatment or that nursing home care or, if there was more than one such period of hospital treatment or nursing home care, after the ending of the later or last such period; or

(b) in any other case—the day on which the period of six months referred to in the last preceding paragraph commenced.”.

Payment of benefits.

24. Section 82d of the Principal Act is amended by adding at the end thereof the following sub-sections:—

“(3.) Where a registered organization has established a special account, an amount of nursing home fund benefit payable in respect of a special account contributor in relation to that special account for a day on or after—

(a) the date of the establishment of the special account; or

(b) the day on which the first contribution in respect of the contributor the amount of which was credited to the special account became payable,

whichever is the later, shall be debited to the special account.

“(4.) A reference in the last preceding sub-section to nursing home fund benefit shall be read, in relation to any period of nursing home care, as not including so much (if any) of the nursing home fund benefit in respect of that period as exceeds the amount (if any) by which the gross fees incurred in respect of the contributor during that period are greater than the sum of—

(a) the amount of any Commonwealth benefit under section fifty-six of this Act (including the amount, if any, by which that benefit is increased by virtue of sub-section (5.) of section fifty-seven a of this Act) in respect of the contributor for that period; and

(b) Two dollars fifty-five cents.”.

Rules of organization establishing special account to contain certain provisions.

25. Section 82e of the Principal Act is amended—

(a) by omitting paragraph (b) of sub-section (1.) and inserting in its stead the following paragraph:—

“(b) except as provided in the succeeding paragraphs of this sub-section, fund benefits payable to or in respect of a special account contributor in relation to the special account are the same as if he were an ordinary contributor;”; and

(b) by inserting in paragraph (h) of sub-section (1.), after the word “benefit” (first occurring), the words “(other than nursing home benefit)”.

Waiver of contributions, and reimbursements by Commonwealth of fund benefits, where contributor in receipt of unemployment or sickness benefit.

26. Section 82s of the Principal Act is amended by inserting after sub-section (4.) the following sub-sections:—

“(4a.) Where—

(a) a claim in respect of nursing home care that has been received by a contributor to a hospital benefits fund or by one of his dependants (whether the nursing home care was received before or after the contributor became a contributor) is lodged with the organization that conducts the fund;

(b) the nursing home care was received on or after the date of commencement of this sub-section and during a period in relation to which this section applies in respect of the contributor;

(c) under a provision included in the rules of the organization for the purpose of enabling this section and the next succeeding section to apply in relation to the organization, contributions were not payable by the contributor to the fund in respect of that period or the payment of contributions by the contributor to the fund in respect of that period has been waived; and

(d) the organization pays to the claimant a nursing home fund benefit in respect of that nursing home care,

there is payable to the organization by the Commonwealth an amount equal to the amount of that nursing home fund benefit.

“(4b.) A reference in the last preceding sub-section to nursing home fund benefit shall be read as not including so much (if any) of that nursing home fund benefit as exceeds the amount (if any) by which the gross fees incurred in respect of the contributor during the period of the nursing home care are greater than the sum of—

(a) the amount of any Commonwealth benefit under section fifty-six of this Act (including the amount, if any, by which that benefit is increased by virtue of sub-section (5.) of section fifty-seven a of this Act) in respect of the contributor for the period of the nursing home care; and

(b) Two dollars fifty-five cents.”.

Waiver of, or reduction in, contributions, and reimbursements of fund benefit, where income or means as assessed of contributor and family do not exceed a certain amount.

27. Section 82t of the Principal Act is amended by adding at the end thereof the following sub-sections:—

“(6.) Where—

(a) a claim in respect of nursing home care that has been received by a contributor to a hospital benefits fund or by one of his dependants (including, where the determination is a Class A determination, nursing home care received before the contributor became a contributor) is lodged with the organization that conducts the fund;

(b) the nursing home care was received on or after the date of commencement of this sub-section and during a period in relation to which this section applies in respect of the contributor;

(c) under a provision included in the rules of the organization for the purpose of enabling this section and the last preceding section to apply in relation to the organization—

(i) where the determination is a Class A determination—contributions were not payable by the contributor to the fund in respect of that period or the payment of contributions by the contributor to the fund in respect of that period has been waived;

(ii) where the determination is a Class B determination—contributions were payable by the contributor to the fund in respect of that period at a rate not exceeding one-third of the rate that would have been applicable but for that provision; or

(iii) where the determination is a Class C determination—contributions were payable by the contributor to the fund in respect of that period at a rate not exceeding two-thirds of the rate that would have been applicable but for that provision; and

(d) the organization pays to the claimant a nursing home fund benefit in respect of that nursing home care,

there is payable to the organization by the Commonwealth—

(e) where the determination is a Class A determination—an amount equal to the amount of that nursing home fund benefit;

(f) where the determination is a Class B determination—an amount equal to two-thirds of the amount of that nursing home fund benefit; or

(g) where the determination is a Class C determination—an amount equal to one-third of the amount of that nursing home fund benefit.

“(7.) A reference in the last preceding sub-section to nursing home fund benefit shall be read as not including so much (if any) of that nursing home fund benefit as exceeds the amount (if any) by which the gross fees incurred in respect of the contributor during the period of the nursing home care are greater than the sum of—

(a) the amount of any Commonwealth benefit under section fifty-six of this Act (including the amount, if any, by which that benefit is increased by virtue of sub-section (5.) of section fifty-seven a of this Act) in respect of the contributor for the period of the nursing home care; and

(b) Two dollars fifty-five cents.”.

Reimbursement by Commonwealth of fund benefit in respect of service rendered or treatment or care received during two months after immigrant enters Australia.

28. Section 82w of the Principal Act is amended by adding at the end thereof the following sub-sections:—

“(6.) Where—

(a) an immigrant who is the holder of an entry permit, not being a temporary entry permit, in force under the Migration Act 1958—1966 is a contributor to a hospital benefits fund;

(b) a claim in respect of nursing home care that has been received by the contributor or by one of his dependants (whether the nursing home care was received before or after the contributor became a contributor) is lodged with the organization that conducts the fund;

(c) the nursing home care was received on or after the date of commencement of this sub-section and during the period of two months after the contributor first entered Australia; and

(d) the organization pays to the claimant a nursing home fund benefit in respect of that nursing home care,

there is payable to the organization by the Commonwealth an amount equal to the amount of that nursing home fund benefit.

“(7.) A reference in the last preceding sub-section to nursing home fund benefit shall be read as not including so much (if any) of that nursing home fund benefit as exceeds the amount (if any) by which the gross fees incurred in respect of the contributor during the period of the nursing home care are greater than the sum of—

(a) the amount of any Commonwealth benefit under section fifty-six of this Act (including the amount, if any, by which that benefit is

increased by virtue of sub-section (5.) of section fifty-seven a of this Act) in respect of the contributor for the period of the nursing home care; and

(b) Two dollars fifty-five cents.”.

29. After Division 3 of Part VIII. of the Principal Act the following Division is inserted:—

“Division 3a.—Nursing Homes Fees Review Committees of Inquiry.

Nursing Homes Fees Review Committees of Inquiry.

“117a. The Minister may establish in each State a committee, called the Nursing Homes Fees Review Committee of Inquiry for the State in which it is established, which shall consist of three persons appointed by the Minister.

Functions of State Committees.

“117b. A Committee of Inquiry established under the last preceding section shall inquire into and report to the Minister on any matter referred to the Committee by the Minister under sub-section (4.) of section forty ae of this Act.”.

Evidence.

30. Section 139a of the Principal Act is amended by inserting after paragraph (f) of sub-section (1.) the following paragraph:—

“(fa) a person was or was not approved under section fifty-eight e of this Act as an approved person in relation to a particular patient;”.

Amendments of the Schedules having effect from 1 November, 1971.

31.—(1.) The Schedules to the Principal Act are amended as set out in the First Schedule to this Act.

(2.) The amendments made by this section shall be deemed to have come into operation on the first day of November, One thousand nine hundred and seventy-one.

Amendments of the Schedules having effect from 1 February, 1972.

32.—(1.) The Schedules to the Principal Act, as amended in accordance with the last preceding section, are amended as set out in the Second Schedule to this Act.

(2.) The amendments made by this section shall be deemed to have come into operation on the first day of February, One thousand nine hundred and seventy-two.

Amendments of the Schedules having effect from 1 July, 1972.

33.—(1.) The Schedules to the Principal Act, as amended in accordance with the last two preceding sections, are amended as set out in the Third Schedule to this Act.

(2.) The amendments made by this section shall be deemed to have come into operation on the first day of July, One thousand nine hundred and seventy-two.

Amendments of the Schedules having effect from 17 July, 1972.

34.—(1.) The First Schedule to the Principal Act, as amended in accordance with the last three preceding sections, is amended as set out in the Fourth Schedule to this Act.

(2.) The amendments made by this section shall be deemed to have come into operation on the seventeenth day of July, One thousand nine hundred and seventy-two.

Amendments of the Schedules having effect from 1 September 1972.

35.—(1.) The Schedules to the Principal Act, as amended in accordance with the last four preceding sections, are amended as set out in the Fifth Schedule to this Act.

(2.) The amendments made by this section shall be deemed to have come into operation on the first day of September, One thousand nine hundred and seventy-two.

Amendments of the Schedules having effect from day of Royal Assent.

36. The Schedules to the Principal Act, as amended in accordance with the last five preceding sections, are amended as set out in the Sixth Schedule to this Act.

Seventh Schedule.

37. The Principal Act is amended by adding at the end thereof the Schedule set out in the Seventh Schedule to this Act.

Repeal of Statutory Rules.

38. The following Statutory Rules are repealed:—

(a) the National Health (Variation of Benefits) (No. 3) Regulations (being Statutory Rules 1971, No. 139);

(b) the National Health (Variation of Benefits) (No. 4) Regulations (being Statutory Rules 1972, No. 7);

(c) the National Health (Variation of Benefits) (No. 5) Regulations (being Statutory Rules 1972, No. 99);

(d) the National Health (Variation of Benefits) (No. 6) Regulations (being Statutory Rules 1972, No. 110);

(e) the National Health (Variation of Benefits) (No. 7) Regulations (being Statutory Rules 1972, No. 146).

Regulations and Applications may be made after Royal Assent and before commencement of relevant provision.

39.—(1.) Regulations may be made for the purposes of the definition of “State nursing home” set out in paragraph (f) of section 4 of this Act before the commencement of that section as if that section had come into operation on the day on which this Act received the Royal Assent, but regulations so made shall not come into operation until the commencement of that section.

(2.) An application for approval of premises under section 40aa, or an application for approval of a person under section 58e, of the National Health Act 1953-1972 may be made, and approvals may be granted, before the commencement of the section concerned, as if that section had come into operation on the day on which this Act received the Royal Assent, but an approval so given does not have effect until the commencement of that section.

Existing nursing home approvals to cease to have effect.

40.—(1.) Each approval of premises as a nursing home in force under sub-section (3.) of section 40 of the National Health Act 1953-1972 immediately before the commencement of this section ceases to have effect on the commencement of this section.

(2.) Premises that—

(a) were, immediately before the commencement of this section, an approved nursing home for the purposes of the National Health Act 1953-1972; and

(b) are, at the commencement of this section, a State nursing homes for the purposes of that Act,

shall, on the commencement of this section, be deemed to have been approved by the Director-General as a nursing home under sub-section (2.) of section 40aa of that Act.

No waiting period for certain qualified nursing home patients.

41. A rule of a registered hospital benefits organization that prescribes a waiting period for new contributors shall, by force of this section, be deemed not to apply with respect to nursing home care rendered to a contributor who—

(a) was a qualified nursing home patient immediately before the commencement of this section and has continued to be such a patient; and

(b) becomes a contributor within the period of eight weeks after the commencement of this section.

THE SCHEDULES

FIRST SCHEDULE Section 31.

AMENDMENTS OF THE FIRST SCHEDULE TO THE PRINCIPAL ACT

1. Insert after paragraph 6 the following paragraph:—

“7. Where an item in the table in this Schedule includes the symbol ‘(D)’, the item shall be taken to relate to the service specified in the item when rendered in an operating theatre of an approved hospital in the course of dental practice by a legally qualified dentist or dental practitioner approved by the Director-General for the purposes of the definition of ‘professional service’ in sub-section (1.) of section 13 of the Act”.

2. Omit items 223 and 224, insert the following items:—

3. Omit items 226 and 227, insert the following items:—

4. After item 259, insert the following items:—

5. Omit from items 396, 397, 399, 400, 402, 881, 901 and 906 “using pooled blood or blood already collected” (wherever occurring), insert “using blood already collected”.

6. After item 976, insert the following item:—

7. After item 1018, insert the following item:—

8. Omit item 1276, insert the following item:—

9. Insert each of the following items in the appropriate place in the table having regard to the number of the item:—

First Schedule—continued

10. Omit items 3769 and 3770, insert the following items:—

11. Insert each of the following items in the appropriate place in the table having regard to the number of the item:—

First Schedule—continued

12. After item 5132, insert the following item:—

13. Omit item 5252.

14. Omit from items 5260 and 5261 “(bilateral)”, insert “(unilaterial or bilateral)”.

15. Omit item 5958, insert the following item:—

16. Omit item 5963, insert the following item:—

17. Insert each of the following items in the appropriate place in the table having regard to the number of the item:—

18. Omit item 6414, insert the following items:—

19. Insert each of the following items in the appropriate place in the table having regard to the number of the item:—

First Schedule—continued

20. Omit item 6647, insert the following items:—

21. Omit item 6651, insert the following items:—

22. Omit item 6655, insert the following items:—

23. Insert each of the following items in the appropriate place in the table having regard to the number of the item:—

First Schedule—continued

24. Insert the following item after item 8070 and before the heading that follows that last-mentioned item:—

25. Insert each of the following items in the appropriate place in the table having regard to the number of the item:—

First Schedule—continued

AMENDMENTS OF THE TABLE IN THE SECOND SCHEDULE TO THE PRINCIPAL ACT

1. Omit the items relating to items 223, 224, 226 and 227 in the First Schedule to the Principal Act, insert the following items:—

2. Insert each of the following items in the appropriate place in the table having regard to the number specified in the first column:—

3. Omit the item relating to item 1276 in the First Schedule to the Principal Act, insert the following item:—

4. Insert each of the following items in the appropriate place in the table having regard to the number specified in the first column:—

First Schedule—continued

5. Omit the items relating to items 3769 and 3770 in the First Schedule to the Principal Act, insert the following items:—

6. Insert each of the following items in the appropriate place in the table having regard to the number specified in the first column:—

7. Insert the following item in the appropriate place in the table having regard to the number specified in the first column:—

8. Omit the item relating to item 5252 in the First Schedule to the Principal Act.

9. Omit the items relating to items 5958 and 5963 in the First Schedule to the Principal Act, insert the following items:—

10. Insert each of the following items in the appropriate place in the table having regard to the number specified in the first column:—

11. Omit the item relating to item 6414 in the First Schedule to the Principal Act, insert the following items:—

First Schedule—continued

12. Insert each of the following items in the appropriate place in the table having regard to the number specified in the first column:—

13. Omit the items relating to items 6647, 6651 and 6655 in the First Schedule to the Principal Act, insert the following items:—

14. Insert each of the following items in the appropriate place in the table having regard to the number specified in the first column:—

First Schedule—continued

AMENDMENTS OF THE TABLE IN THE THIRD SCHEDULE TO THE PRINCIPAL ACT

1. Omit the items relating to items 223, 224, 226 and 227 in the First Schedule to the Principal Act, insert the following items:—

2. Insert each of the following items in the appropriate place in the table having regard to the number specified in the first column:—

First Schedule—continued

3. Omit the item relating to item 1276 in the First Schedule to the Principal Act, insert the following item:—

4. Insert each of the following items in the appropriate place in the table having regard to the number specified in the first column of the item:—

5. Omit the items relating to items 3769 and 3770 in the First Schedule to the Principal Act, insert the following items:—

6. Insert each of the following items in the appropriate place in the table having regard to the number specified in the first column:—

First Schedule—continued

7. Insert the following item in the appropriate place in the table having regard to the number specified in the first column:—

8. Omit the item relating to item 5252 in the First Schedule to the Principal Act.

9. Omit the items relating to items 5958 and 5963 in the First Schedule to the Principal Act, insert the following items:—

10. Insert each of the following items in the appropriate place in the table having regard to the number specified in the first column:—

11. Omit the item relating to item 6414 in the First Schedule to the Principal Act, insert the following items:—

12. Insert each of the following items in the appropriate place in the table having regard to the number specified in the first column:—

First Schedule—continued

13. Omit the items relating to items 6647, 6651 and 6655 in the First Schedule to the Principal Act, insert the following items:—

14. Insert each of the following items in the appropriate place in the table having regard to the numbers specified in the first column:—

First Schedule—continued

AMENDMENTS OF THE TABLE IN THE FOURTH SCHEDULE TO THE PRINCIPAL ACT

1. Omit the items relating to items 223, 224, 226 and 227 in the First Schedule to the Principal Act, insert the following items:—