National Health Regulations 1954

National Health Regulations 1954

Statutory Rules 1954 No. 35 as amended

made under the

National Health Act 1953

This compilation was prepared on 17 September 2011
taking into account amendments up to SLI 2011 No. 169

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra

Contents

Part 1 Preliminary 

 1 Name of regulations [see Note 1]

 2 Interpretation 

 4A Nursing home care — prescribed services 

Part 2 Adjusted fee government nursing homes 

 5 Prescribed nursing homes 

Part 4 Standards Review Panels 

Division 1 Preliminary 

 7 Interpretation 

Division 2 Constitution of Panels 

 8 Establishment of Panels 

 9 Functions of Panels 

 10 Power of Panels 

 11 Pool of potential Panel members 

 12 Membership of Panels 

 13 Termination of appointments 

 14 Remuneration and allowances 

 15 Leave of absence 

 16 Disclosure of interests 

Division 3 Meetings of Panels 

 17 Meetings of Panels 

 18 Presiding member 

 19 Quorum 

 20 Voting 

 21 Participation in meetings 

 22 Proceedings 

 23 Resolutions without meeting 

Division 4 Performance of functions by Panels 

 24 General 

 25 Minister to notify proprietors 

 26 Minister may direct Panels 

 27 Proprietors to refer notices to Panels 

 28 Chairpersons to notify proprietors 

 29 Panels to deal with matters promptly 

 30 Reports and recommendations 

 31 Impartiality of Panels 

 32 Members’ duty of confidentiality 

Division 5 Evaluation of Panels’ performance 

 33 Annual reports 

 34 Review of Panels’ performance 

Part 6 Procedure of Committees of Inquiry 

 38 Meetings of Committees of Inquiry 

Part 7 Fees and allowances of members of Committees             

 39 Interpretation 

 40 Fees and allowances of members of Committees 

 41 Fares 

Part 8 Prescribed medical or surgical aids, equipment and appliances             

 42 Prescribed medical or surgical aids etc for purposes of paragraph 9A (1) (a) of the Act             

 43 Prescribed medical or surgical aids etc for purposes of subsection 9A (2) of the Act             

Part 9 Miscellaneous 

 44 Amounts prescribed for the purposes of subsection 47 (1) of the Act             

 45 Prescribed qualifications for the purposes of subsection 43A (3) of the Act             

 46 Prescribed amount for the purposes of subparagraph 47 (2) (b) (iii) of the Act             

 46A Rate of interest payable on repayments 

 50A Prescribed date for the purposes of subsection 99 (7) of the Act             

 51 Prescribed authority — Department of Veterans’ Affairs 

 52 Provision of information to Department of Veterans’ Affairs 

Schedule 1A Nursing home care — prescribed services 

Schedule 1 Prescribed medical or surgical aids 

Schedule 5 Adjusted fee government nursing homes 

Part 1 Australian Capital Territory 

Part 2 New South Wales 

Part 3 Victoria 

Part 4 Queensland 

Part 5 South Australia 

Part 6 Western Australia 

Part 7 Tasmania 

Schedule 6 Information which may be provided to the Department of Veterans’ Affairs             

Notes   

Part 1 Preliminary

1 Name of regulations [see Note 1]

  These regulations are the National Health Regulations 1954.

2 Interpretation

 (1) In these Regulations, unless the contrary intention appears:

Act means the National Health Act 1953.

approved form means a form approved in writing by the Secretary for the purposes of the provision in which the expression is used.

insulin pump consumables includes the following equipment manufactured for use with an insulin pump:

 (a) cannulae;

 (b) tubing;

 (c) insulin reservoirs;

 (d) insulin cartridges, other than insulin cartridges that contain insulin when the cartridges are supplied.

 (2) In these Regulations, unless the contrary intention appears, a reference to an actuary is to be read as a reference to a person who is ordinarily resident in Australia and is a Fellow, or an Accredited Member, of The Institute of Actuaries of Australia.

4A Nursing home care — prescribed services

 (1) The services, of a kind provided in a nursing home, that are set out in column 2 in an item in Schedule 1A are prescribed for the purposes of the definition of nursing home care in subsection 4 (1) of the Act.

 (2) The services set out in column 2 in an item in Schedule 1A include or exclude, as set out in the direction in column 3 in the item, the provision of the goods and services set out in column 3 in the item.

 (3) In Schedule 1A, health professional includes the director of nursing, or other person in charge of nursing, at the nursing home.

Part 2 Adjusted fee government nursing homes

5 Prescribed nursing homes

 (1) For the purposes of section 4AAAA of the Act, a nursing home specified in Schedule 5 is an adjusted fee government nursing home.

 (2) Item 3072A in Part 3 of Schedule 5 is taken to have commenced on 3 July 1994.

 (3) Item 7009A in Part 7 of Schedule 5 is taken to have commenced on 17 December 1994.

Part 4 Standards Review Panels

Division 1 Preliminary

7 Interpretation

  In this Part, unless the contrary intention appears:

Chairperson, in relation to a Panel, means Chairperson of the Panel.

meeting, in relation to a Panel, means meeting of the Panel.

member, in relation to a Panel, means member of the Panel who is referred to in subregulation 12 (1).

nursing home means approved nursing home.

Panel means Standards Review Panel established by regulation 8.

proprietor, in relation to a nursing home, means proprietor of the nursing home.

recommendation means a recommendation:

 (a) that a declaration should or should not be made under subsection 45E (1) of the Act; and

 (b) specifying the action (if any) to be taken under subsection 45E (2) or (3) of the Act.

Division 2 Constitution of Panels

8 Establishment of Panels

  The Minister may establish a Standards Review Panel, or Standards Review Panels, for each State and Territory in which a nursing home is, or nursing homes are, situated.

9 Functions of Panels

  The functions of a Panel are to:

 (a) review the nursing home care provided in nursing homes; and

 (b) compare the provision of that care with standards determined under section 45D of the Act; and

 (c) inquire into matters for the purposes of a function referred to in paragraph (a) or (b); and

 (d) report the findings of the Panel, and the reasons for those findings, to the Minister; and

 (e) make recommendations to the Minister resulting from its reports; and

 (f) perform these functions:

 (i) at the direction of the Minister; or

 (ii) on a referral by a proprietor.

10 Power of Panels

  Subject to this Part, a Panel has power to do all things necessary or convenient to be done in connection with the performance of its functions.

11 Pool of potential Panel members

 (1) The Minister may appoint:

 (a) persons who have not less than 3 years’ experience in senior positions in the management of nursing homes, aged persons’ hostels or other establishments of that kind; or

 (b) persons who are members of not less than 3 years’ standing in professional or industrial organisations of persons who practise, or are employed, in nursing homes, aged persons’ hostels or other establishments of that kind; or

 (c) persons who have knowledge of, and experience in, consumer protection in a health or social welfare field;

as potential members of a Panel for a State or Territory.

 (2) A person appointed under subregulation (1) may resign his or her appointment by writing signed by the member and given to the Minister and the appointment terminates on receipt by the Minister of the resignation.

 (3) Subject to this Division, an appointment under subregulation (1) is for 3 years.

12 Membership of Panels

 (1) A Panel consists of the following members:

 (a) a Chairperson appointed by the Minister;

 (b) a person appointed under paragraph 11 (1) (a);

 (c) a person appointed under paragraph 11 (1) (b);

 (d) a person appointed under paragraph 11 (1) (c);

 (e) an officer of the Department nominated by the Secretary.

 (2) A Chairperson holds office with effect from such day as the Minister specifies in the instrument of appointment of the Chairperson.

 (3) The Minister must not appoint a person as a Chairperson unless the Minister is satisfied that the person has experience at a professional or senior management level in, or broad knowledge of, health care administration or the provision of nursing home care or care in aged persons’ hostels or other establishments of that kind.

 (4) Subject to subregulation (5), the Chairperson of a Panel for a State or Territory may appoint a person referred to in paragraph 11 (1) (a), (b) or (c) who has been appointed for the State or Territory as a member of the Panel.

 (5) In the case of a Panel for:

 (a) the Australian Capital Territory, the member referred to in paragraph (1) (b) or (c) must be a person appointed under paragraph 11 (1) (a) or (b) for New South Wales; and

 (b) the Northern Territory, the member referred to in paragraph (1) (b) or (c) must be a person appointed under paragraph 11 (1) (a) or (b) for South Australia.

 (6) All members hold office on a part‑time basis.

 (7) Subject to this Division, a member appointed by the Chairperson holds office from a day specified in the instrument of appointment until a day specified in the instrument, not being more than 3 years from the day of appointment of the member under subregulation 11 (1).

 (8) Subject to this Division, a Chairperson holds office for 3 years.

 (9) The member referred to in paragraph (1) (e) holds office during the pleasure of the Secretary.

 (10) A member may resign by writing signed by the member and given:

 (a) in the case of a Chairperson — to the Minister; and

 (b) in the case of a member appointed by the Chairperson — to the Chairperson; and

 (c) in the case of a member referred to in paragraph (1) (e) — to the Secretary;

and his or her membership terminates on receipt by the Minister, Chairperson or Secretary, as the case may be, of the resignation.

 (11) The exercise of a power or the performance of a function of a Panel is not affected by a vacancy in its membership.

13 Termination of appointments

 (1) The appointment of a Chairperson or of a person who is appointed under subregulation 11 (1) may be terminated by the Minister for misbehaviour or for incapacity to participate in the performance of the functions, or the exercise of the powers, of a Panel.

 (2) The appointment of a Chairperson or of a person who is appointed under subregulation 11 (1) who:

 (a) holds, or performs the duties of, a senior position in the management of a nursing home, being a nursing home in respect of which a declaration under subsection 45E (1) of the Act is in force; and

 (b) is not the proprietor;

may be terminated by the Minister.

 (3) If a Chairperson or a person who is appointed under subregulation 11 (1):

 (a) becomes bankrupt, applies to take the benefit of a law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or

 (b) is convicted of an offence punishable by imprisonment for 1 year or longer;

or, in the case of a member:

 (c) is absent without leave granted under regulation 15 from 3 consecutive meetings of the Panel; or

 (d) fails, without reasonable excuse, to comply with an obligation imposed by regulation 16;

his or her appointment may be terminated by the Minister.

 (4) The appointment of a Chairperson or of a person appointed under subregulation 11 (1) whose:

 (a) application under subsection 39BA (1) of the Act is refused under subsection 39BA (5) of the Act; or

 (b) approval as an approved operator is revoked under subsection 39BB (3) of the Act;

is terminated.

 (5) The appointment of a Chairperson or of a person appointed under subregulation 11 (1) who is the proprietor of a nursing home in respect of which a declaration under subsection 45E (1) of the Act is in force is terminated.

 (6) A member appointed under subregulation 11 (1) ceases to be a member on the termination of that appointment.

14 Remuneration and allowances

  A member, other than a member appointed under paragraph 12 (1) (e), must be paid such remuneration and allowances as are determined by the Remuneration Tribunal.

15 Leave of absence

 (1) The Minister may grant leave of absence to a Chairperson on such terms and conditions as the Minister determines.

 (2) A Chairperson may grant leave of absence to a member on such terms and conditions as the Chairperson determines.

16 Disclosure of interests

 (1) A Chairperson must give written notice to the Minister of all direct and indirect pecuniary interests that he or she has or acquires in:

 (a) a nursing home; or

 (b) a business that provides facilities, goods or services to nursing homes.

 (2) If a Chairperson has or acquires an interest referred to in subregulation (1) or another interest that could conflict with the proper performance of his or her functions, the interest must be disclosed in any report resulting from the performance of those functions.

 (3) If a member (other than the Chairperson) has or acquires an interest that could conflict with the proper performance of his or her functions:

 (a) he or she must disclose the interest to the Chairperson; and

 (b) except with the consent of the Chairperson, he or she must not take part, or continue to take part, in the performance of his or her functions.

 (4) If a member referred to in subregulation (3) takes part, or continues to take part, in the performance of his or her functions, the interest must be disclosed in any report resulting from the performance of the functions.

 (5) If a Chairperson:

 (a) becomes aware that another member has an interest referred to in subregulation (3); and

 (b) considers that the member should not take part, or should not continue to take part, in the performance of his or her functions;

the Chairperson must give a direction to the member not to take part, or continue to take part, and the member must not take part, or continue to take part, accordingly.

Division 3 Meetings of Panels

17 Meetings of Panels

 (1) A Panel may hold such meetings as are necessary for the performance of its functions.

 (2) The Chairperson of a Panel may, at any time, by notice in writing to the other members, convene a meeting at the time and place specified in the notice.

 (3) The Minister may, by notice in writing to each member of a Panel, direct that a meeting be held at the time and place specified in the notice.

 (4) If, at any time, a majority of the members of a Panel requests the Chairperson in writing to convene a meeting, he or she must, as soon as practicable, convene a meeting in accordance with the request.

 (5) The Chairperson may invite a person to attend a meeting to advise or inform the Panel.

18 Presiding member

 (1) The Chairperson must preside at a meeting at which he or she is present.

 (2) In the absence of the Chairperson from a meeting, the members present constituting a quorum must elect 1 of their number to preside at the meeting.

19 Quorum

  At a meeting, the number of members constituting a quorum is the number of members constituting a majority of the members of the Panel.

20 Voting

 (1) A question arising at a meeting must be determined by a majority of the votes of the members present and voting.

 (2) The member referred to in paragraph 12 (1) (e) does not have a vote.

21 Participation in meetings

 (1) A member may participate in a meeting by means of telephone or closed‑circuit television.

 (2) A member who participates in a meeting as provided by subregulation (1) is taken to be present at the meeting.

22 Proceedings

 (1) A Panel must keep a record of its proceedings.

 (2) Subject to this Part, the procedure of a meeting of a Panel is to be determined by the Panel.

23 Resolutions without meeting

 (1) If a majority of the members of a Panel sign a document containing a statement that they are in favour of a resolution in the terms set out in the document, a resolution in those terms is taken to have been passed at a meeting of the Panel in accordance with this Division on the day on which the document was signed, or, if the members signed the document on different days, on the day on which the document was signed by the member who makes up the majority.

 (2) 2 or more separate documents that are identical in all material respects, each of which is signed by 1 or more members, are taken for the purposes of subregulation (1) to constitute the same document.

Division 4 Performance of functions by Panels

24 General

  In the performance of its functions, a Panel:

 (a) must act with as little formality and as much expedition as the requirements of this Part and a proper consideration of the matter before the Panel permit; and

 (b) is not bound by the rules of evidence; and

 (c) may inform itself on any matter in any way it thinks fit; and

 (d) may receive information or submissions in the form of oral or written statements; and

 (e) may consult such persons as it thinks fit.

25 Minister to notify proprietors

 (1) If the Minister intends to give notice to a proprietor under subsection 45E (1) of the Act, the Minister is to inform the proprietor by notice in writing of his or her intention.

 (2) A notice must include a statement to the effect that the notice may be referred by the proprietor to a Panel.

26 Minister may direct Panels

  The Minister may, by notice in writing to the Chairperson, direct a Panel for a State or Territory to perform the functions of a Panel specified in paragraphs 9 (a), (b), (c) and (d) in relation to a matter in respect of a nursing home situated in the State or Territory, being a matter specified in the notice.

27 Proprietors to refer notices to Panels

  Within 14 days of receipt of a notice under regulation 25, the proprietor of a nursing home may refer the notice to the Chairperson of a Panel in the State or Territory in which the nursing home is situated.

28 Chairpersons to notify proprietors

 (1) On receipt by a Panel of:

 (a) a direction under regulation 26; or

 (b) a reference under regulation 27;

in respect of a nursing home, the Chairperson must, as soon as practicable, inform the proprietor by notice in writing that the Panel will perform its functions in relation to the direction or reference.

 (2) A notice given under subregulation (1) must include statements to the following effect:

 (a) that the proprietor may, within 21 days of being given the notice, give the Panel documents or other material to which it must have regard in the performance of its functions in respect of the nursing home; and

 (b) that the proprietor will have the opportunity:

 (i) to inspect any other document or material to which the Panel proposes to have regard in reaching a decision; and

 (ii) to make submissions in relation to the other document or material.

 (3) If, at the end of the period referred to in paragraph (2) (a), a proprietor has not given a Panel a document or other material referred to in that paragraph, the Panel may proceed in respect of the nursing home in accordance with this Part.

29 Panels to deal with matters promptly

  A Panel the Chairperson of which has given notice under subregulation 28 (2) to a proprietor must report and make recommendations in respect of the nursing home to the Minister, except in exceptional circumstances, not more than 28 days after the end of the period referred to in paragraph 28 (2) (a).

30 Reports and recommendations

  A report and recommendations referred to in regulation 28 must:

 (a) be in writing; and

 (b) if the members were not in agreement concerning a matter, set out the differing points of view of the members.

31 Impartiality of Panels

  Subject to this Part, a member is not subject to the direction of any other person in respect of any act or thing done in his or her capacity as a member.

32 Members’ duty of confidentiality

  It is the duty of a member not to divulge or communicate to the proprietor of a nursing home information with respect to the identity of a resident of the nursing home if the member reasonably believes that it may be to the detriment of the resident if that information is divulged or communicated to the proprietor.

Division 5 Evaluation of Panels’ performance

33 Annual reports

 (1) The Chairperson of each Panel must, as soon as practicable after each 30 June, prepare and furnish to the Minister a report of the operations of the Panel (if any) during the year ending at the end of that day.

 (2) The Minister is to cause a copy of a report to be laid before each House of the Parliament within 15 sitting days of that House after the day when the report was furnished to the Minister.

34 Review of Panels’ performance

  At:

 (a) the end of each 2 of the years of the operations of a Panel referred to in regulation 33; or

 (b) the substantial completion by a Panel of its proceedings in respect of 5 nursing homes;

whichever happens first, the Minister is to review the effectiveness and efficiency of the Panel in respect of that 2 year period or the period in which those proceedings were completed.

Part 6 Procedure of Committees of Inquiry

38 Meetings of Committees of Inquiry

 (1) Meetings of a Committee of Inquiry shall be convened by the Chairperson.

 (2) At a meeting of a Committee of Inquiry 3 members constitute a quorum.

 (3) A Committee of Inquiry shall cause a record of its proceedings, including a transcript of all evidence given before it, to be kept.

Part 7 Fees and allowances of members of Committees

39 Interpretation

  In this Part:

Chairperson, in relation to a Committee, does not include a person elected to preside at a meeting of the Committee.

Committee means a Committee established under the Act, but does not include the following Committees:

 (a) Drug Utilisation Sub-Committee, established under section 101A of the Act;

 (b) Economics Sub-Committee, established under section 101A of the Act.

40 Fees and allowances of members of Committees

 (1) This regulation does not apply to a Chairperson or a member of a Committee who is an officer of the Australian Public Service or the Public Service of a State or Territory.

 (2) Subject to subregulation (3), the fee payable to a member of a Committee is:

 (a) if the member is the Chairperson of the Committee — $40; or

 (b) in any other case — $35;

for each day on which the member attends a meeting of the Committee.

 (3) Where the duration of a meeting of the Committee on a day is less than 3 hours, the fee payable to a member of the Committee, in respect of his or her attendance at the meeting on that day, is:

 (a) if the member is the Chairperson of the Committee — $25; or

 (b) in any other case — $20.

 (4) The Chairperson or a member of a Committee who is necessarily absent from his or her home overnight by reason of attendance at a meeting of the Committee shall be paid travelling allowance, in respect of that absence:

 (a) if the period of absence is a complete day or longer:

 (i) at the daily rate of $28 for each complete day in the period of absence; and

 (ii) at an hourly rate that is one‑twenty‑fourth part of the daily rate set out in subparagraph (i) for each hour, or part of an hour, in the remainder (if any) of the period of absence; or

 (b) if the period of absence is less than a complete day — at an hourly rate that is one‑twenty‑fourth part of the daily rate set out in subparagraph (a) (i) for each hour, or part of an hour, in the period of absence.

41 Fares

  The cost of return transport fares actually and necessarily incurred by a member of a Committee in travelling between his or her place of residence and the place where a meeting of the Committee is held shall be borne by the Commonwealth.

Part 8 Prescribed medical or surgical aids, equipment and appliances

42 Prescribed medical or surgical aids etc for purposes of paragraph 9A (1) (a) of the Act

  The medical or surgical aids, equipment and appliances specified in Schedule 1 are prescribed for the purposes of paragraph 9A (1) (a) of the Act.

43 Prescribed medical or surgical aids etc for purposes of subsection 9A (2) of the Act

  The medical or surgical aids, equipment and appliances specified in items 1, 2, 3 and 4 in Schedule 1 are prescribed for the purposes of subsection 9A (2) of the Act.

Part 9 Miscellaneous

44 Amounts prescribed for the purposes of subsection 47 (1) of the Act

 (1) The prescribed amount of Commonwealth benefit payable in respect of an approved nursing home, being a Government nursing home, is:

 (a) for the purposes of paragraph 47 (1) (a) of the Act — $33.35;

 (b) for the purposes of paragraph 47 (1) (b) of the Act — $48.50;

 (c) for the purposes of paragraph 47 (1) (c) of the Act — $28.10;

 (d) for the purposes of paragraph 47 (1) (d) of the Act — $39.05;

 (e) for the purposes of paragraph 47 (1) (e) of the Act — $31.55;

 (f) for the purposes of paragraph 47 (1) (f) of the Act — $27.80;

 (g) for the purposes of paragraph 47 (1) (g) of the Act — $33.35; and

 (h) for the purposes of paragraph 47 (1) (h) of the Act — $39.05.

 (2) The prescribed amount of Commonwealth benefit payable in respect of an approved nursing home other than a Government nursing home is:

 (a) for the purposes of paragraph 47 (1) (a) of the Act — $43.40;

 (b) for the purposes of paragraph 47 (1) (b) of the Act — $53.60;

 (c) for the purposes of paragraph 47 (1) (c) of the Act — $35.25;

 (d) for the purposes of paragraph 47 (1) (d) of the Act — $45.05;

 (e) for the purposes of paragraph 47 (1) (e) of the Act — $37.00;

 (f) for the purposes of paragraph 47 (1) (f) of the Act — $36.15;

 (g) for the purposes of paragraph 47 (1) (g) of the Act — $43.40; and

 (h) for the purposes of paragraph 47 (1) (h) of the Act — $45.05.

45 Prescribed qualifications for the purposes of subsection 43A (3) of the Act

  For the purposes of subsection 43A (3) of the Act, the prescribed qualifications are registration as a company auditor in a State or Territory.

46 Prescribed amount for the purposes of subparagraph 47 (2) (b) (iii) of the Act

  The amount of $15.15 is prescribed for the purposes of subparagraph 47 (2) (b) (iii) of the Act.

46A Rate of interest payable on repayments

 (1) For the purposes of subsections 65SA (1) and 65SB (1) of the Act, the rate of interest payable on a repayment that the Commonwealth is liable to make is the rate payable by the Commonwealth Bank of Australia on a term deposit, made on the day on which the relevant payment was made, of an amount equal to the relevant payment.

 (2) In subregulation (1):

relevant payment means an amount paid to the Commonwealth by a person under section 65GT, 65H, 65J or 65K of the Act, as the case requires.

repayment means an amount that the Commonwealth is liable to repay to a person under section 65GU, 65H, 65J, 65M, 65N, 65P, 65Q or 65S of the Act, as the case requires, after a relevant payment is paid to the Commonwealth.

term deposit means a deposit for a period of 90 days on which interest is paid at maturity.

50A Prescribed date for the purposes of subsection 99 (7) of the Act

  For the purposes of subsection 99 (7) of the Act, 1 May 2002 is prescribed.

51 Prescribed authority — Department of Veterans’ Affairs

  For the purposes of subparagraph 135A (3) (b) (i) of the Act, the Department of Veterans’ Affairs is a prescribed authority.

52 Provision of information to Department of Veterans’ Affairs

 (1) For the purposes of subparagraph 135A (3) (b) (ii) of the Act, information of the kinds specified in subregulation (2) may be provided to the Department of Veterans’ Affairs for the purpose of, and to the extent necessary for, ascertaining whether the Repatriation Commission is responsible for all or some of the cost of nursing home care of a patient if:

 (a) the patient is a Repatriation nursing home patient; or

 (b) the patient is an approved nursing home patient and either:

 (i) the patient has been funded for nursing home care by the Department of Veterans’ Affairs; or

 (ii) it has come to the notice of the Secretary that the patient may have an entitlement to be funded for nursing home care by the Department of Veterans’ Affairs.

 (2) The kinds of information mentioned in subregulation (1) are as follows:

 (a) the medical condition of the patient;

 (b) the reason for the patient’s admission to a nursing home;

 (c) information specified in Schedule 6.

Schedule 1A Nursing home care — prescribed services

(regulation 4A)

Schedule 1 Prescribed medical or surgical aids 

(regulations 42 and 43)

Note   For the definition of insulin pump consumables, see subregulation 2 (1).

Schedule 5 Adjusted fee government nursing homes

(regulation 5)

Part 1 Australian Capital Territory

Part 2 New South Wales

Part 3 Victoria

Part 4 Queensland

Part 5 South Australia

Part 6 Western Australia

Part 7 Tasmania

Schedule 6 Information which may be provided to the Department of Veterans’ Affairs

(regulation 52)

1.  Patient details:

 (a) surname of patient;

 (b) first given name of patient;

 (c) other given names of patient (if any);

 (d) date of birth of patient;

 (e) sex of patient;

 (f) address (including postcode) of patient;

 (g) departmental computer code identifying patient;

 (h) departmental computer code identifying patient’s State or Territory of residence;

 (i) departmental computer code indicating that the patient is deceased (if applicable).

2.  Nursing home details:

 (a) name of nursing home;

 (b) address (including postcode) of nursing home;

 (c) approval number of nursing home;

 (d) name of proprietor of nursing home;

 (e) type of nursing home:

 (i) private; or

 (ii) government; or

 (iii) charitable; or

 (iv) transferred; or

 (v) adjusted fee government;

 (f) departmental computer code indicating whether nursing home is an exempt nursing home;

 (g) period (if any) for which nursing home has been granted exempt status.

3.  Patient admission details:

 (a) date of admission of patient to nursing home (year, month and day);

 (b) date of admission approval in accordance with form NH5 (authorised under subsection 40AB (1) of the Act) (year, month and day);

 (c) departmental computer code identifying delegated authority approving admission of patient;

 (d) type of care provided to patient:

 (i) non respite (continuing care); or

 (ii) benefit respite care; or

 (iii) leave respite care;

 (e) if the patient has been discharged from nursing home — the date of discharge (year, month and day);

 (f) if the patient has died, date of death (year, month and day).

4.  Patient assessment details:

 (a) classification category of patient in accordance with form NH4 (authorised under subsection 40AFD (4) of the Act);

 (b) if the patient was approved for a particular category — the date of approval (year, month, day);

 (c) assessment of patient in accordance with form NH10 (authorised under subsection 40AF (1) of the Act):

 (i) ordinary care; or

 (ii) extensive care;

 (d) if the patient was approved for extensive care — the date of approval (year, month, day);

 (e) departmental computer code identifying delegated authority approving assessment.

5.  Monthly payment record and category of patient:

 (a) monthly date for payment (year, month);

 (b) claimable occupied bed days;

 (c) non‑claimable occupied bed days;

 (d) claimable social leave days;

 (e) non‑claimable social leave days;

 (f) claimable hospital leave days;

 (g) non‑claimable hospital leave days;

 (h) claimed monthly payment;

 (i) departmental computer code identifying occupied bed days and payments relating to exempt or non‑exempt patients.

Notes to the National Health Regulations 1954

Note 1

The National Health Regulations 1954 (in force under the National Health Act 1953) as shown in this compilation comprise Statutory Rules 1954 No. 35 amended as indicated in the Tables below.

Table of Instruments