Statutory Rules
1975 No. 165
REGULATION UNDER THE NATIONAL HEALTH ACT 1953-1975.*
I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulation under the National Health Act 1953-1975.
Dated this twenty-fifth day of August, 1975.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
JOHN M. WHEELDON
Minister of State for Social Security.
Amendment of the National Health Regulations†
Part Ib of the National Health Regulations is repealed and the following Part substituted:—
“ PART Ib—GOVERNMENT NURSING HOMES
Prescribed nursing homes for the purposes of the definition of “Government nursing home” in sub-section 4(1) of the Act.
“ 4b. For the purposes of the definition of ‘ Government nursing home ’ in sub-section 4 (1) of the Act, each of the nursing homes specified in an item in a Part of Schedule 1 to the Nursing Homes Assistance Regulations as in force from time to time is a prescribed nursing home.”.
* Notified in the Australian Government Gazette on 30 May 1975
† Statutory Rules 1954, No. 35, as amended by Statutory Rules 1957, No. 71; 1958, No. 63; 1962, Nos. 55, and 113; 1965, Nos. 17, 94 and 185; 1966, No. 99; 1967, No. 86; 1969, Nos. 91 and 220; 1970, Nos. 70 and 166; 1971, Nos. 28, 76, 103 and 138; 1912, No. 79; 1973, Nos. 17, 75, 111, 221, 225 and 267; 1974, Nos. 52, 104, 106, 113 and 263; and 1975, Nos. 14, 49, 66, 100 and 124.
Overview
The National Health Act 1953, enacted by the Commonwealth Parliament, is the foundational legislation that governs the health services and health-related matters across Australia. This Act was introduced to provide a framework for the delivery of health services, ensuring that the health needs of the population are met effectively. In 1975, Statutory Rules No. 165 were introduced under this Act to further refine and regulate specific aspects of healthcare services, including the establishment of government nursing homes. The primary policy objective of these regulations was to ensure that nursing homes meeting the specified criteria are recognised as prescribed government nursing homes, thereby facilitating the provision of consistent and quality care services across the country.
Scope and Application
The National Health Regulations, as amended by the Statutory Rules 1975 No. 165, pertain to the definition and identification of government nursing homes under the National Health Act 1953-1975. This regulation applies to nursing homes specified in the Nursing Homes Assistance Regulations, which are identified in a Part of Schedule 1 and are updated as necessary. The scope of the regulation encompasses any nursing homes designated in these regulations, thereby defining what constitutes a government nursing home for the purposes of the Act. The regulation extends its application nationally, as it operates under the auspices of the Commonwealth of Australia. There are no exclusions or exemptions explicitly stated in this regulation, and its application is not restricted by thresholds. The regulation’s effectiveness is contingent upon the ongoing updates to the Nursing Homes Assistance Regulations, which may introduce further amendments or specifications through subordinate instruments.
Key Provisions
The main operative sections of this legislation involve the amendment of the National Health Regulations, particularly focusing on the definition and classification of "Government nursing homes" (4b). These sections clarify that the nursing homes specified in the relevant parts of Schedule 1 to the Nursing Homes Assistance Regulations are to be considered as prescribed nursing homes for the purposes of the Act. This ensures that the definition of "Government nursing home" aligns with the criteria set out in the Regulations, thereby maintaining consistency and clarity in the application of the Act.
The Act imposes several obligations and requirements on the parties and entities it governs. Firstly, it mandates that the specified nursing homes listed in Schedule 1 to the Nursing Homes Assistance Regulations are recognised as prescribed nursing homes under the Act. This requires these entities to comply with any standards or conditions set by the Act or the Regulations to maintain their status as prescribed nursing homes. Furthermore, it necessitates that these nursing homes adhere to any additional requirements or changes as amended by future Regulations or legislative updates.
Breaches of the Act or the Regulations can lead to various consequences. While the specific offences and penalties are not detailed in this legislative instrument, breaches of regulations related to healthcare and nursing homes can typically lead to administrative actions, fines, or even the revocation of the nursing home's status as a prescribed entity. These consequences underscore the importance of compliance with the Act and the Regulations to ensure the provision of quality care within government-recognised nursing facilities.