EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO.284
ISSUED BY AUTHORITY OF THE MINISTER FOR HEALTH
NATIONAL HEALTH REGULATIONS (AMENDMENT)
Section 140 of the National Health Act 1953 (the Act) provides that the Governor-General may make regulations prescribing all matters which are required or permitted by the Act to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Sub-section 47(1) of the Act provides that Commonwealth benefit at the rates, or such higher rates, as are prescribed by regulations, is payable to the proprietor of an approved nursing home, in respect of each qualified nursing home patient, for each day on which the patient receives nursing home care in that nursing home. The rates of benefit for each State and Territory were increased by regulations with effect from 5 November 1981. In accordance with Government policy, laid down in 1977, it has again become necessary to increase those rates to reflect overall increases in nursing home fees.
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The regulations amend Regulation 28A of the National Health Regulations to provide for an increase in the daily rate of benefit as shown in the following table:
| Present Level | New Level |
| $ | $ |
New South Wales | 23.00 | 28.05 |
Victoria | 31.65 | 41.90 |
Queensland | 20.40 | 24.00 |
South Australia | 27.60 | 32.20 |
Western Australia | 18.55 | 21.65 |
Tasmania | 20.65 | 25.35 |
Australian Capital Territory | 23.00 | 28.05 |
Northern Territory | 27.60 | 32.20 |
Sub-paragraph 47 (2) (b) (iii) of the Act fixes the minimum amount of daily patient contribution ($6.70 or such higher amount as is prescribed by regulations) that nursing home patients accommodated in approved nongovernment nursing homes are required to contribute towards their care and treatment. Such an amount is prescribed by Regulation 29 of the National Health Regulations. In 1978, the Government decided that such patients should contribute an amount which would leave a patient, receiving only a pension and supplementary assistance under the Social Services Act 1947, an adequate amount for personal spending. A patient contribution equivalent to 87½% of entitlement for such pensioners
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was determined to leave such an amount. An increase in pension rates with effect from 4 November 1982 has made it necessary to increase the amount of patient contribution from that date in order to maintain this relativity. The regulations accordingly provide for an increase in the prescribed daily amount from $10.25 to $10.90.
The regulations came into operation on 4 November 1982.
Overview
The National Health Regulations (Amendment) Statutory Rules 1982 No. 284, issued under the authority of the Minister for Health, aim to amend the National Health Regulations 1969 to increase the rates of benefit for nursing home patients in various states and territories of Australia. Enacted by the Australian Government, these amendments were necessary to reflect the overall increases in nursing home fees, aligning with the government policy established in 1977. This legislative amendment ensures that the daily rates of benefit for patients in approved nursing homes are updated to provide adequate care and support. Additionally, the regulations adjust the daily patient contribution amounts to maintain the relativity for patients receiving pensions and supplementary assistance, ensuring they have sufficient funds for personal spending. These amendments came into operation on 4 November 1982, ensuring that the changes are implemented promptly to address the identified gaps in the existing nursing home fee structures.
Scope and Application
The National Health Regulations (Amendment) Statutory Rules 1982 No. 284, issued under the authority of the Minister for Health, amend the National Health Regulations to adjust the rates of benefit payable to proprietors of approved nursing homes for each qualified nursing home patient. This adjustment is pursuant to Section 140 of the National Health Act 1953, which empowers the Governor-General to prescribe regulations necessary for the implementation of the Act. The amendment specifically updates the daily rates of benefit for each state and territory to reflect overall increases in nursing home fees, in line with government policy. The new rates, effective from 4 November 1982, are designed to maintain the financial adequacy for patients, particularly those reliant on pensions and supplementary assistance under the Social Services Act 1947. Additionally, the regulations increase the minimum daily patient contribution from $10.25 to $10.90, ensuring that patients receiving only a pension and supplementary assistance have an adequate amount left for personal spending. These changes are applicable nationally, affecting all approved nursing homes across Australia.
Key Provisions
The National Health Regulations (Amendment) Statutory Rules 1982 No. 284, issued under the authority of the Minister for Health, primarily amend Regulation 28A of the National Health Regulations to increase the daily rate of benefit for nursing home care provided in various Australian states and territories (Reg 3). This adjustment is in response to the overall increases in nursing home fees and is meant to reflect the current economic conditions and the need for adequate funding in this sector. The changes are effective from 4 November 1982, and the new rates are outlined in a provided table, indicating specific increases for each jurisdiction.
The amended regulations impose certain obligations on the parties involved, most notably on the proprietors of approved nursing homes who are entitled to receive the increased benefits for each qualified nursing home patient under Section 47(1) of the National Health Act 1953. Additionally, these regulations also affect the nursing home patients who are required to contribute a minimum daily amount towards their care and treatment. This contribution amount, stipulated under Sub-paragraph 47(2)(b)(iii) of the Act, has also been increased to $10.90, as per Regulation 29 of the National Health Regulations (Reg 4). This increase aims to maintain the relativity of the contribution amount with the pension rates and supplementary assistance provided under the Social Services Act 1947.
Failure to comply with the provisions of the amended National Health Regulations may result in civil and/or criminal consequences for the parties involved. The specific penalties for such breaches, however, are not explicitly stated within the provided text. It is important to note that the regulations came into operation on 4 November 1982, and all parties must adhere to the new provisions to ensure proper implementation and compliance. It is recommended that interested parties consult the full text of the legislation for more detailed information on the potential penalties for non-compliance.