STATUTORY RULES
1969 No.
REGULATIONS UNDER THE NATIONAL HEALTH ACT 1953-1969.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the National Health Act 1953-1969.
Dated this twenty-seventh day of December, 1969.
Paul Hasluck
Governor-General.
By His Excellency’s Command,
(SGD.) A. J. FORBES
Minister of State for Health.
———
AMENDMENTS OF THE NATIONAL HEALTH REGULATIONS†
Parts.
1. Regulation 2 of the National Health Regulations is amended by inserting after the words—
“Part III.—Registration of Medical and Hospital Benefits Organizations (Regulations 19-20).”
the words—
“Part IIIa.—Assistance by the Commonwealth towards Medical and Hospital Benefits (Regulation 20a).”.
2. After regulation 20 of the National Health Regulations the following Part is inserted:—
“Part IIIa.—Assistance by the Commonwealth towards Medical and Hospital Benefits.
Prescribed classes of income.
“20a.—(1.) Each of the following classes of income is a prescribed class of income for the purpose of paragraph (d) of sub-section (2.) of section 82q of the Act:—
(a) endowment payable under Part VI. of the Social Services Act 1947-1969;
(b) amounts payable by the Repatriation Commission to members of the Forces as allowances for expenditure incurred or to be incurred by the members for their transport for the purposes of recreation or as allowances towards the cost of maintenance and running expenses of motor vehicles provided by that Commission for the members because of their serious incapacity;
(c) amounts payable to members of the Forces as allowances by reason of the fact that they have been awarded decorations;
(d) amounts payable by the Repatriation Commission as clothing allowances to members of the Forces whose clothing, because of disabilities from which they suffer, are subject to exceptional wear and tear or damage;
* Notified in the Commonwealth Gazette on 1969.
† Statutory Rules 1954, No. 35, as amended by Statutory Rules 1957, No. 71: 1958, No. 63: 1962, Nos. 55, 70 and 113; 1965, Nos. 17, 94 and 185; 1966, No. 99; 1967, No. 86 and 1969, No. 91.
26286/69—Price 5c 11/12.12.1969
(e) amounts payable by way of living away from home allowances under sub-section (3.) of section 135d of the Social Services Act 1947-1969;
(f) amounts payable by the Repatriation Commission to members of the Forces as allowances for attendants; and
(g) amounts payable as living allowances under scholarships, bursaries, exhibitions or prizes.
“(2.) In the last preceding sub-regulation, ‘member of the Forces’ has the same meaning as in the Social Services Act 1947-1969.”.
Printed for the Government of the Commonwealth by W. G. Murray at the Government Printing Office, Canberra
Overview
The Statutory Rules 1969 No. Regulations under the National Health Act 1953-1969 were introduced by the Governor-General in Council to further clarify and expand the scope of the National Health Act 1953-1969. This Act was enacted to provide for the national health scheme and to regulate medical and hospital benefits organisations, among other things. The regulations aim to address gaps in the existing legislative framework by introducing new provisions and clarifying existing ones to ensure effective administration of the national health scheme. The policy objective of these regulations is to provide clear guidance on the prescribed classes of income that are eligible for assistance by the Commonwealth towards medical and hospital benefits, thereby ensuring that the scheme operates efficiently and equitably. These regulations were made under the authority of the National Health Act 1953-1969 and were notified in the Commonwealth Gazette on 1969.
Scope and Application
The National Health Regulations, as amended, apply to the provision of medical and hospital benefits in Australia, with a focus on the financial aspects related to these benefits. These regulations, made under the National Health Act 1953-1969, are applicable to various entities, including individuals, medical and hospital benefits organizations, and other relevant parties involved in the delivery of these services. The regulations extend across the Commonwealth, encompassing all states and territories within Australia. The regulations delineate specific classes of income that are considered prescribed for the purposes of providing medical and hospital benefits, including various allowances and payments to members of the forces and other specific groups. There are no explicit exclusions or exemptions mentioned in the text, although the application of these regulations may be further defined through subordinate instruments or additional legislative provisions. The detailed specification of income classes in the regulations allows for a structured approach to determining eligibility and assistance by the Commonwealth towards medical and hospital benefits.
Key Provisions
The Statutory Rules 1969 No. Regulations Under the National Health Act 1953-1969 introduce significant amendments to the existing framework for medical and hospital benefits within Australia. These amendments are particularly notable for their introduction of a new Part IIIa in Regulation 2, titled "Assistance by the Commonwealth towards Medical and Hospital Benefits" (Regulation 20a). This new part delineates specific classes of income that are considered prescribed classes for the purposes of certain subsections under the Act. For instance, this includes endowments under the Social Services Act 1947-1969, allowances for transport and motor vehicle expenses for members of the forces, allowances due to decorations, and specific clothing allowances for disabled members of the forces (Regulation 20a(1)(a)-(d)). Furthermore, it includes allowances for living away from home, allowances for attendants, and living allowances under scholarships, bursaries, exhibitions, or prizes (Regulation 20a(1)(e)-(g)).
Under this legislation, there are clear obligations placed on entities and individuals to accurately report and account for these specified classes of income. This requirement ensures that the Commonwealth can effectively provide the intended assistance and benefits. For example, any organisation or individual receiving these specified allowances must provide accurate financial documentation and reports to the relevant authorities, ensuring transparency and compliance with the regulations. Moreover, the prescribed classes of income must be accurately identified and reported to avoid any discrepancies or omissions in the benefits provided.
Failure to comply with these regulations can result in significant legal consequences. The Act does not explicitly state penalties for breaches, but it is understood that non-compliance could lead to the denial of benefits or even legal action under the broader legislative framework. The penalties for such breaches could potentially include fines or other civil penalties as stipulated in the overarching legislation, which may vary depending on the severity and intent of the breach. It is crucial for entities and individuals to adhere strictly to these provisions to avoid any potential legal ramifications.