EXPLANATORY STATEMENT
SUBJECT - NATIONAL HEALTH ACT 1953
NATIONAL HEALTH REGULATIONS (AMENDMENT)
1990 No.86
ISSUED ON THE AUTHORITY OF THE MINISTER FOR COMMUNITY SERVICES AND HEALTH.
Section 140 of the National Health Act 1953 (the Act) provides that the Governor-General may make Regulations, not inconsistent with the Act, prescribing all matters required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out on giving effect to the Act.
The term ‘day hospital facility’ is presently defined in subsection 4(1) of the Act as follows:
“(a) premises registered as a hospital under a law of a State of 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 previously prescribed five premises as ‘day hospital facilities’ for the purposes of the above definition.
The National Health Regulations (Amendment) have amended Regulation 3D to prescribe, for the purposes of the above definition, Brockway House Day Theatre, Southport, Queensland, as a ‘day hospital facility’. The in-patients of Brockway House will now be eligible to receive basic table benefits as are in-patients of all other such day hospital facilities.