National Health Regulations (Amendment)

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Legislation au F1996B03153 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1962. No. 70.

 

REGULATIONS UNDER THE NATIONAL HEALTH ACT 1953-1961.*

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the National Health Act 1953-1961.

Dated this ninth day of August, 1962.

DALLAS BROOKS

Administrator.

By His Excellency’s Command,

Sgd. H. W. WADE

Minister of State for Health.

 

Amendments of the National Health Regulations.

Commencement.

1. These Regulations shall come into operation on the twentieth day of August, 1962.

Parts.

2. Regulation 2 of the National Health Regulations is amended by omitting the words and figures—

“Division 1.—Patients in Public Hospitals in Territories (Regulations 5-6).”

and inserting in their stead the words and figures—

“Division 1.—Patients in Public Hospitals in the Territories (Regulations 5-6).

“Division 1a.—Patients in Public Hospitals in the States (Regulations 6a-6d).”.

3. After regulation 6 of the National Health Regulations the following Division is inserted:—

Division 1a.—Patients in Public Hospitals in the States.

Definitions.

“6a. In this Division—

‘non-contributing qualified patient’ means a qualified patient who is not a contributor;

‘pensioner’ includes a dependant of a pensioner

 

* Notified in the Commonwealth Gazette on 16th August, 1962.

† Statutory Rule 1954, No. 35 as amended by Statutory Rules 1957, No. 71; 1958, No 63; and 1962, No.              .

4863 62.—Price 3d. 9/27.7.1962.


Hospital benefits.

“6b.—(1.) There is payable to a State (other than the State of South Australia) with which there is not for the time being in force an agreement entered into by that State in pursuance of section 40 of the Act—

(a) in respect of each pensioner who is a non-contributing qualified patient in a public hospital, other than a benevolent home, in that State—a hospital benefit at the rate of Twelve shillings per day; and

(b) in respect of each person who is a qualified patient in a public hospital in that State and to whom the last preceding paragraph does not apply—a hospital benefit at the rate of Eight shillings per day,

for each day on which that person is a qualified patient in that public hospital.

“(2.) There is payable to the State of South Australia, if there is not for the time being in force an agreement entered into by that State in pursuance of section 40 of the Act—

(a) in respect of—

(i) each person who is a non-contributing qualified patient in a non-public ward of a public hospital for the purpose of which there is payable under Part IV. of the Hospitals Act, 1934-1961 of that State by the municipal or district council of the area served by the hospital a contribution equivalent to not less than Six shillings per day in respect of each bed occupied each day in such a ward of the hospital during the period for which that person is a qualified patient; and

(ii) each pensioner who is a non-contributing qualified patient in a public ward of a public hospital to which the last preceding sub-paragraph applies, or in any bed in any other public hospital in that State that is not a benevolent home,

a hospital benefit at the rate of Twelve shillings per day;

(b) in respect of each person who is a qualified patient in a public hospital in that State and to whom the last preceding paragraph does not apply—a hospital benefit at the rate of Eight shillings per day,

for each day on which that person is a qualified patient in the public hospital.

Hospital benefit to be deducted from hospital fees.

“6c.—(1.) A hospital benefit under this Division is not payable in request of qualified patient unless—

(a) where the rate gross fees chargeable by the public hospital in respect of the qualified patient exceeds the rate of that hospital benefit–the rate chargeable by public hospital in respect of that qualified patient is reduced by the rate of that hospital benefit; or

(b) in any other case—an amount is not chargeable by the public hospital in respect of that qualified patient.


“(2.) Where the rate of gross fees chargeable by a public hospital in respect of a qualified patient is not reduced by the rate of the hospital benefit in respect of that qualified patient, the Director-General may, in his discretion, direct that the amount of that hospital benefit be paid to that qualified patient or to the person who has paid the hospital fees of that qualified patient.

Payment of hospital benefits.

“6d.—(1.) Hospital benefits under this Division are not payable to a State unless the State makes a claim and furnishes a statement in accordance with this regulation.

“(2.) Payments of hospital benefits to a State under this Division shall be made, at such times as the Minister determines, on claims by the State under this regulation, subject to any adjustment by the Commonwealth as a result of particulars disclosed by the statement furnished by the State under sub-regulation (4.) of this regulation.

“(3.) A claim by a State for payment of hospital benefits under this Division shall be made in a form and manner, and within a time, determined by the Minister.

“(4.) As soon as practicable after the end of each financial year, a State claiming hospital benefits under this Division shall furnish to the Minister a statement, in a form approved by the Minister, certified by the Auditor-General of the State and showing the total number of beds occupied each day by persons who were qualified patients in public hospitals in the State during that financial year, subdivided according to the rates of hospital benefits payable in respect of those persons.”.

 

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules 1962 No. 70, made under the National Health Act 1953-1961, aim to amend existing regulations to address the allocation of hospital benefits for patients in public hospitals across Australia. Enacted by the Commonwealth of Australia, these regulations seek to ensure equitable distribution of hospital benefits to the states, particularly for non-contributing qualified patients and pensioners. The policy objective is to provide a structured financial support system that compensates states for the costs associated with hospital care, thereby facilitating better healthcare accessibility and financial relief for patients in need. The regulations were designed to come into effect on August 20, 1962, and specify the conditions under which hospital benefits are payable to states, along with the processes for claiming and auditing these benefits.

Scope and Application

The Statutory Rules 1962 No. 70, made under the National Health Act 1953-1961, outline amendments to the National Health Regulations concerning the provision of hospital benefits to patients in public hospitals in Australian states and territories. These regulations apply to the provision of hospital benefits for non-contributing qualified patients and qualified patients in public hospitals, excluding benevolent homes, with specific rates set for different categories of patients in various states, including South Australia. The regulations stipulate the conditions under which these benefits are payable, such as the reduction of gross fees charged by public hospitals to align with the specified benefit rates, or the outright non-chargeability of fees in certain cases. The Commonwealth may also direct the payment of benefits directly to patients or their representatives under specific circumstances. To receive these benefits, states must submit claims and statements detailing the number of beds occupied by qualified patients, certified by the state's Auditor-General, within the timeframe and format determined by the Minister. This regulatory framework aims to ensure consistent and fair application of hospital benefits across the states, subject to adjustments based on the information provided in the state statements.

Key Provisions

The National Health Regulations, as amended by Statutory Rules 1962 No. 70, introduce several key provisions related to the payment of hospital benefits to states for patients in public hospitals. Section 2 of the Regulations amends the existing Regulations by adding a new Division 1a, which specifically addresses patients in public hospitals in the states. This new division includes definitions such as "non-contributing qualified patient" and "pensioner," which are crucial for determining eligibility for hospital benefits (section 6a). The hospital benefits are to be paid at specified rates: Twelve shillings per day for non-contributing qualified patients who are pensioners, and Eight shillings per day for other qualified patients (section 6b). Furthermore, the Regulations specify that the hospital benefit is to be deducted from the gross fees charged by the public hospital, unless the Director-General directs otherwise (section 6c). The payment process for these benefits involves the state making a claim and providing a detailed statement, certified by the Auditor-General, to the Minister (section 6d). The Regulations impose several obligations on the states and public hospitals. States must make a formal claim and provide an annual statement detailing the number of beds occupied by qualified patients, certified by the Auditor-General. Public hospitals must ensure that the hospital benefits are either deducted from the gross fees charged to qualified patients or paid directly to the patients if the Director-General so directs. The Minister has discretion in determining the form, manner, and timing of claims, as well as the schedule for payments. Failure to comply with these Regulations may result in civil or administrative consequences, though specific penalties are not outlined within the text. The primary focus of these Regulations is on the structured payment of hospital benefits to ensure that states receive appropriate reimbursement for services provided to qualified patients. The intent is to support public healthcare by providing financial support to states based on patient occupancy and type.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.