National Health Act 1975

NATIONAL HEALTH ACT 1975

No. 1 of 1975

An Act to amend the National Health Act 1953-1973, as amended by the National Health Act 1974.

BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:—

Short title and citation.

1. (1) This Act may be cited as the National Health Act 1975.

(2) The National Health Act 1953-1973, as amended by the National Health Act 1974, is in this Act referred to as the Principal Act.

(3) Section 1 of the National Health Act 1974 is amended by omitting sub-section (3).

(4) The Principal Act, as amended by this Act, may be cited as the National Health Act 1953-1975.

Commencement.

2. (1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.

(2) Sub-section 3(2), sections 7 and 9, sub-section 10(2) and sections 11, 12, 13, 14, 17, 18, 19, 20, 32 and 34 shall come into operation on 1 January 1975.

Interpretation.

3. (1) Section 4 of the Principal Act is amended–

(a) by inserting in sub-section (1), after the definition of “dependant”, the following definition:—

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

and

(b) by omitting from sub-section (1) the definition of “State nursing home”.

(2) Section 4 of the Principal Act is amended—

(a) by omitting from the definition of "approved” in sub-section (1) the words “, a nursing home or a handicapped persons home” and substituting the words “or a nursing home”;

(b) by omitting from sub-section (1) the definitions of “gross fees”, “handicapped persons care” and “handicapped persons home” and substituting the following definition:—

“ ‘gross fees’, in relation to the hospital treatment of a qualified hospital patient or the nursing home care of a qualified nursing home patient, means the amount of fees that would be payable by or on behalf of the patient to the proprietor of the hospital or home in respect of the treatment or care without deduction of the amount of Commonwealth benefit under Part V of this Act or of any nursing home fund benefit; ”;

(c) by adding at the end of paragraph (a) of the definition of “proprietor” in sub-section (1) the word “and”;

(d) by omitting from paragraph (b) of the definition of “proprietor” in sub-section (1) the word “and”;

(e) by omitting paragraph (c) of the definition of “proprietor” in sub-section (1); and

(f) by omitting from sub-section (1) the definition of “qualified handicapped child”.

(3) Notwithstanding the amendments made by sub-section (1), the regulations that were in force immediately before the commencement of that sub-section prescribing nursing homes for the purposes of the definition of “State nursing home” referred to in paragraph (b) of that sub-section continue in force after the commencement of that subsection as if made for the purposes of the definition of “Government nursing home” set out in paragraph (a) of that sub-section and, for those purposes, the prescription made by those regulations shall be deemed to be a prescription for the purposes of that last-mentioned definition.

4. (1) Section 9a of the Principal Act is repealed and the following section substituted:—

Provision of medical and surgical aids and appliances, &c.

“9a. (1) The Minister may, on behalf of Australia, arrange for—

(a) the supply by Australia of hearing aids and such other medical or surgical aids, equipment or appliances as are prescribed to persons who require them; and

(b) the making of any modifications to a building, vehicle or equipment that are necessary for the treatment or rehabilitation of a sick or disabled person.

“(2) A hearing aid, or any other medical or surgical aid, equipment or appliance of a kind prescribed for the purposes of this sub-section, that is supplied under this section remains the property of Australia notwithstanding any purported disposition or pledging of the aid, equipment or appliance by any person.

“(3) The Minister may impose such conditions as he thinks fit on the use or possession of aids, equipment or appliances supplied, or to be supplied, under sub-section (1).

“(4) The regulations may make provision with respect to the supply of aids, equipment or appliances, or the making of modifications, under sub-section (1), including provision for offences with respect to the use or possession of aids, equipment or appliances so supplied.

“(5) For the purposes of section 137, any expenditure incurred under this section shall be deemed not to be expenditure of a capital nature.”.

(2) A hearing aid supplied under section 9a of the National Health Act 1953-1964, or under that Act as amended and in force at any time before the commencement of this section, and in the possession of a person immediately before the commencement of this section—

(a) continues to be the property of Australia; and

(b) shall be deemed to have been supplied under section 9a of the Principal Act as amended by this Act.

Interpretation.

5. Section 13 of the Principal Act is amended—

(a) by omitting from sub-section (1) the definition of “contributor” and substituting the following definition:—

“‘contributor’ means a person who pays contributions, or on whose behalf contributions are paid, to a medical benefits fund conducted by a registered medical benefits organization, and, except in relation to the payment of contributions, includes a dependant of such a person; ”;

and

(b) by omitting from sub-section (4) the words “the table of fund medical benefits set out in a Schedule to this Act” and substituting the words “that one of the tables of fund medical benefits as in force in accordance with this Act”.

Variations and alterations of tables of benefits.

6. Section 13a of the Principal Act is amended by inserting in sub-section (1), after the word “Schedule”, the words “(other than the Eighth Schedule)”.

Period of hospital treatment or nursing home care.

7. Section 39 of the Principal Act is amended by omitting the words “, of a qualified nursing home patient or of a qualified handicapped child” and substituting the words “or of a qualified nursing home patient”.

Approval of nursing home.

8. Section 40aa of the Principal Act is amended by omitting the words “State nursing home” (wherever occurring) and substituting the words “Government nursing home”.

Approval of handicapped persons homes.

9. Section 40a of the Principal Act is repealed.

Certificate of approval.

10. (1) Section 41 of the Principal Act is amended by omitting from sub-section (1) the words “State nursing home” and substituting the words “Government nursing home”.

(2) Section 41 of the Principal Act is amended—

(a) by omitting from sub-section (1) the words “, as an approved nursing home or as an approved handicapped persons home” and substituting the words “or as an approved nursing home”;

(b) by omitting from sub-section (3) the words “, an approved nursing home or an approved handicapped persons home” (wherever occurring) and substituting the words “or an approved nursing home”; and

(c) by omitting from sub-section (4) the words “, nursing home or handicapped persons home” and substituting the words “or nursing home”.

Inspection of hospitals and nursing homes.

11. Section 42 of the Principal Act is amended—

(a) by omitting from sub-section (1) the words “, approved handicapped persons homes”; and

(b) by omitting from sub-section (2) the words “, handicapped persons home”.

Notice of retirement or death of proprietor of approved hospital or nursing home.

12. Section 43 of the Principal Act is amended—

(a) by omitting from sub-section (1) the words “, an approved nursing home or an approved handicapped persons home” and substituting the words “or an approved nursing home”; and

(b) by omitting from sub-section (2) the words “, of an approved nursing home or of an approved handicapped persons home” and substituting the words “or of an approved nursing home”.

Variation or revocation of approval by Director-General.

13. Section 44 of the Principal Act is amended—

(a) by omitting from sub-section (1) the words “, of a nursing home or of a handicapped persons home” and substituting the words “or of a nursing home”;

(b) by omitting from sub-section (2) all the words after the word “case”; and

(c) by omitting sub-section (3) and substituting the following sub-section:—

“(3) Upon receipt of—

(a) an application in writing by the proprietor of an approved hospital or of an approved nursing home for revocation of the approval of the hospital or home; or

(b) a notice in writing given in accordance with section 43 in respect of an approved hospital or an approved nursing home, the Permanent Head may revoke the approval of the hospital or home.”.

Review by Minister.

14. Section 45 of the Principal Act is amended by omitting from sub-section (2) the words “, as an approved nursing home or as an approved handicapped persons home” (wherever occurring) and substituting the words “or as an approved nursing home”.

15. Before section 56 of the Principal Act the following section is inserted in Division 5 of Part V:—

Eighth Schedule to have effect as varied by regulation.

“55c. (1) The regulations may provide that this Act shall have effect as if the table in the Eighth Schedule were varied—

(a) by omitting an item from the table;

(b) by inserting an item in the table; or

(c) by substituting another amount for an amount set out in an item in the table.

“(2) Regulations under this section, unless sooner repealed, shall cease to be in force on the day next following the fifteenth sitting day of the House of Representatives after the expiration of a period of 12 months commencing on the day on which the regulations are notified in the Gazette, and shall be deemed to have been repealed on that first-mentioned day.”.

Additional benefits payable in respect of nursing home care.

16. Section 57b of the Principal Act is amended—

(a) by omitting from paragraph (a) of sub-section (2) the words “State nursing home” and substituting the words “Government nursing home”; and

(b) by omitting sub-paragraph (ii) of paragraph (b) of sub-section (2) and substituting the following sub-paragraph:—

“(ii) $4.55 or, if a higher amount is prescribed for the purposes of this sub-paragraph, the amount so prescribed; and”.

Repeal of Division 5a of Part V.

17. Division 5a of Part V of the Principal Act is repealed.

Commonwealth benefit not payable where person is entitled to compensation or damages.

18. Section 59 of the Principal Act is amended—

(a) by omitting from sub-section (1) the words “, nursing home care or handicapped person care” and substituting the words “or nursing home care”;

(b) by omitting from sub-section (1) the words “, a qualified nursing home patient or a qualified handicapped child” and substituting the words “or a qualified nursing home patient”;

(c) by omitting from sub-section (2) the words “, nursing home care or handicapped person care” and substituting the words “or nursing home care”;

(d) by omitting from sub-section (2) the words “, a qualified nursing home patient or a qualified handicapped child” and substituting the words “or a qualified nursing home patient”;

(e) by omitting from sub-section (3) the words “, the qualified nursing home patient or the qualified handicapped child” and substituting the words “or the qualified nursing home patient”;

(f) by omitting from sub-section (3) the words “or handicapped child”;

(g) by omitting from sub-section (5) all the words after the word “expenditure” and substituting the words “incurred by a patient for hospital treatment or nursing home care”; and

(h) by omitting sub-section (6) and substituting the following sub-section:—

“(6) In this section, a reference to a qualified hospital patient or a qualified nursing home patient shall be read as including a reference to a person acting for or on behalf of such a patient.”.

Records to be kept by approved hospitals and nursing homes.

19. Section 61 of the Principal Act is amended by omitting the words “, of an approved nursing home or of an approved handicapped persons home” and substituting the words “or of an approved nursing home”.

Offences.

20. Section 62 of the Principal Act is amended—

(a) by omitting from sub-section (1) the words “, of a nursing home or of a handicapped persons home” and substituting the words “or of a nursing home”;

(b) by omitting from paragraph (a) of sub-section (1) the words “, nursing home or handicapped persons home” and substituting the words “or nursing home”; and

(c) by omitting sub-section (2a).

Interpretation.

21. Section 66 of the Principal Act is amended by omitting from sub-section (5) the words “the table of fund medical benefits set out in a Schedule to this Act” and substituting the words “that one of the tables of fund medical benefits as in force in accordance with this Act”.

Conditions to which registrations are to be deemed to be subject.

22. (1) Section 73b of the Principal Act is amended—

(a) by omitting from paragraph (b) the word “and”; and

(b) by adding at the end thereof the following paragraph:—

“(d) in the case of a registered medical benefits organization—a condition that the medical fund benefit in respect of a professional service payable out of a medical benefits fund conducted by the organization be an amount equal to the fund medical benefit with respect to that professional service set out in—

(i) where the fund is conducted in respect of a State—that one of the tables of fund medical benefits as in force in accordance with this Act when the professional service was rendered that is the table in respect of that State; or

(ii) where the fund is conducted in respect of the Northern Territory—that one of the tables referred to in sub-paragraph (i) that is the relevant table, in accordance with the rules of the organization, in respect of the contributor to whom the professional service was rendered.

(2) The condition set out in paragraph (d) of section 73b of the National Health Act 1953-1974 applies in relation to all organizations that are, or are to be deemed to be, registered under the Principal Act immediately before the commencement of this section and to all organizations registered under the National Health Act 1953-1974 after the commencement of this section.

Conditions of registration relating to nursing home care.

23. Section 73c of the Principal Act is amended—

(a) by omitting from sub-paragraph (i) of paragraph (a) of sub-section (3) the words “State nursing home” and substituting the words “Government nursing home”; and

(b) by omitting clause (c) of sub-paragraph (ii) of paragraph (a) of sub-section (3) and substituting the following clause:—

“(c) $4.55 or, if a higher amount is prescribed for the purposes of this clause, the amount so prescribed,”.

Payment of benefit.

24. Section 82d of the Principal Act is amended by omitting paragraph (b) of sub-section (4) and substituting the following paragraph:—

“(b) $4.55 or, if a higher amount is prescribed for the purposes of this paragraph, the amount so prescribed.”,

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

25. Section 82s of the Principal Act is amended by omitting paragraph (b) of sub-section (4b) and substituting the following paragraph:—

“(b) $4.55 or, if a higher amount is prescribed for the purposes of this paragraph, the amount so prescribed.”.

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

26. Section 82t of the Principal Act is amended by omitting paragraph (b) of sub-section (7) and substituting the following paragraph:—

“(b) $4.55 or, if a higher amount is prescribed for the purposes of this paragraph, the amount so prescribed.”.

Reimbursement of fund benefit in respect of service rendered, or treatment or care received, during 2 months after immigrant enters Australia.

27. Section 82w of the Principal Act is amended by omitting paragraph (b) of sub-section (7) and substituting the following paragraph:—

“(b) $4.55 or, if a higher amount is prescribed for the purposes of this paragraph, the amount so prescribed.”.

Interpretation.

28. Section 84 of the Principal Act is amended by inserting in sub-section (1), after the definition of “brand”, the following definition: —

“‘child’, in relation to a member of a friendly society, means—

(a) a child under the age of 16 years of that member; or

(b) a child of that member who—

(i) has attained the age of 16 years;

(ii) is receiving full-time education at a school, college or university;

(iii) is wholly or substantially dependent on that member or on the spouse of that member; and

(iv) is a person who is to be treated as a child of that member in accordance with the rules of the friendly society;”.

Friendly society dispensaries.

29. Section 91 of the Principal Act is amended by omitting from sub-section (3) the words “under the age of sixteen years” (wherever occurring).

Approvals to be subject to conditions.

30. Section 92a of the Principal Act is amended by omitting from paragraph (c) of sub-section (2) the words “under the age of sixteen years”.

31. After section 135 of the Principal Act the following section is inserted:—

Secrecy.

“135a. (1) This section applies to a person who has acquired any information by reason of his office or employment under or for the purposes of this Act.

“(2) Subject to this section, a person to whom this section applies shall not, either directly or indirectly, except in the performance of a duty or exercise of a function under or in connexion with this Act, make a record of, or divulge or communicate to any person, any information concerning the affairs of another person acquired by him by reason of his office or employment under or for the purposes of this Part.

Penalty: $1,000 or imprisonment for 3 months.

“(3) A person to whom this section applies shall not be required to produce in a court, or to permit a court to have access to, a document to which he has access by virtue of his office or employment under or for the purposes of this Act, being a document relating to the affairs of another person, or to divulge or communicate to a court any information concerning the affairs of another person acquired by him by reason of any such office or employment, except when it is necessary to do so for the purposes of, or of a prosecution under or arising out of, this Act.

“(4) In this section, ‘court’ includes a tribunal, authority or person having power to require the production of documents or the answering of questions.”.

Evidence.

32. Section 139a of the Principal Act is amended by omitting from paragraph (a) of sub-section (1) the words “, an approved nursing home or an approved handicapped persons home” and substituting the words “or an approved nursing home”.

Eighth Schedule.

33. (1) The Eighth Schedule to the Principal Act is amended by omitting the table and substituting the following table:—

(2) The amendment made by sub-section (1) shall be deemed to have come into operation on 15 October 1974.

(3) The National Health (Variation of Nursing Home Benefits) (No. 3) Regulations (being Statutory Rules 1974, No. 210) are repealed.

Division 5a of Part V and certain sections to continue to apply.

34. Notwithstanding the repeal of Division 5a of Part V, and the amendment of sections 59, 61 and 62, of the Principal Act, the provisions of that Division and those sections apply in relation to any claim under that Division in respect of any period ending before 1 January 1975 as if that Division had not been repealed and those sections had not been amended.