EXPLANATORY STATEMENT
STATUTORY RULES 1987 No 100
ISSUED BY AUTHORITY OF THE MINISTER FOR HEALTH
NATIONAL HEALTH ACT 1953
NATIONAL HEALTH REGULATIONS (AMENDMENT)
Section 140 of the National Health Act 1953 (the Act) provides, among other things, that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which are required or permitted to be prescribed by the Act or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Sub-section 4(1) of the Act defines ‘basic private table’ or ‘basic table’ in relation to a registered health benefits organization to mean a table that includes benefits in respect of certain services rendered to in-patients or day only patients of a day hospital facility, as provided in paragraphs (da), (dc) and (dd) of the definition.
A ‘day hospital facility’ is defined in sub-section 4(1) of the Act to mean:
‘(a) premises registered as a hospital under a law of a State or Territory relating to the registration of hospitals; or
(b) premises, or premises included in a class of premises, prescribed for the purposes of this paragraph.’
Regulation 3D of the National Health Regulations prescribes the day hospital facility premises to which paragraph (b) of the definition applies.
This regulation prescribes an additional day hospital facility by amending Regulation 3D to include the NIB Day Hospital Centre, situated at 182 Christo Road, Lambton in the State of New South Wales.
There is at present no New South Wales legislation providing for registration of day hospitals. New South Wales day hospitals which are not part of a registered hospital may therefore come within the meaning of a “day hospital facility” in sub-section 4(1) of the Act only if prescribed by regulation.
Overview
The National Health Regulations (Amendment) Statutory Rules 1987 No 100, issued by the authority of the Minister for Health, amends the National Health Regulations 1953 to include an additional day hospital facility. This amendment is in response to the lack of specific legislation in New South Wales for the registration of day hospitals, which means that such facilities not part of a registered hospital could potentially be recognised under the National Health Act 1953. The policy objective of this amendment is to ensure that eligible day hospital facilities in New South Wales can be recognised and regulated under the national framework, thereby extending the scope of the Act's provisions to include these facilities for the purposes of health benefits. The regulation specifically adds the NIB Day Hospital Centre, located at 182 Christo Road, Lambton, to the list of prescribed day hospital facilities under Regulation 3D.
Scope and Application
The National Health Regulations (Amendment) Statutory Rules 1987 No 100, issued by the Minister for Health, provide an amendment to the existing National Health Regulations under the National Health Act 1953. This amendment is aimed at enhancing the scope of day hospital facilities recognised under the Act by adding a specific facility, the NIB Day Hospital Centre located at 182 Christo Road, Lambton, in the state of New South Wales. This addition is significant as it addresses the absence of state legislation in New South Wales for the registration of day hospitals, thereby allowing such facilities that are not part of a registered hospital to be considered as "day hospital facilities" under the Act. The amendment is geographically confined to New South Wales, reflecting a targeted approach to address a specific legislative gap within that state. The inclusion of this facility under the regulation ensures that it is recognised for the purposes of providing benefits as outlined in the Act, particularly for services rendered to in-patients or day-only patients. This amendment does not introduce any exclusions, exemptions, or thresholds but rather extends the regulatory scope to include an additional facility within the existing legislative framework.
Key Provisions
The main operative sections of the National Health Regulations (Amendment) concern the inclusion of an additional day hospital facility. Specifically, Regulation 3D is amended to include the NIB Day Hospital Centre at 182 Christo Road, Lambton, New South Wales, as a prescribed day hospital facility. This amendment ensures that the facility is recognised under the National Health Act 1953, despite the absence of specific New South Wales legislation for the registration of day hospitals. This inclusion is crucial for determining which facilities can be considered day hospital facilities under the Act.
The Act imposes several obligations and requirements on the entities it governs, particularly concerning the recognition and operation of day hospital facilities. Registered health benefits organisations must comply with the provisions of the Act and the Regulations, ensuring that they provide the specified benefits for services rendered at recognised day hospital facilities. The amendment to Regulation 3D specifically requires that the NIB Day Hospital Centre meet the criteria set out in the Act and Regulations, including those related to the types of services and patient categories eligible for coverage. This includes ensuring that the facility is adequately registered or prescribed under the Act, which in this case involves being listed in the Regulations.
Breach of the provisions of the National Health Act or the Regulations can result in various consequences. While the specific penalties are not detailed in the provided text, breaches of health-related legislation generally can lead to both civil and criminal penalties. Civil penalties may include fines, while criminal penalties could involve imprisonment, depending on the severity and nature of the breach. For example, failure to comply with the requirements for recognising day hospital facilities could result in fines or other sanctions imposed by the relevant authorities. It is important for entities governed by the Act to adhere to these requirements to avoid any potential legal repercussions.