EXPLANATORY STATEMENT
NATIONAL HEALTH ACT 1953
NATIONAL HEALTH REGULATIONS (AMENDMENT)
1990 No. 114
ISSUED ON THE AUTHORITY OF THE MINISTER FOR AGED, FAMILY AND HOUSING SERVICES.
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.
Section 45E(10) of the Act provides that the Minister shall not make a declaration under Section 45E(1) in respect of a nursing home unless:
(a) a Standards Review Panel has been established in the State or Territory in which the nursing home is situated; and
(b) the requirements of any Regulations made for the purposes of this subsection have been satisfied.
The National Health Regulations (Amendment) provides for a nursing home proprietor to refer to the Standards Review Panel the Minister’s notice of intention to make a declaration that the nursing home does not satisfy standards, and thereby attracting sanctions.
Without these Regulations, the Standards Review Panel had no defined function under the Act and, was unable to review the Minister’s intention to make the above declaration.
Details of the Regulations are attached.
The amending Regulations also provide for the repeal of four existing Regulations, which either are redundant (Regulations 3B, 29AA and 31) or duplicate powers in the Act (Regulation 4).
ATTACHMENT
DETAILS OF NATIONAL HEALTH REGULATIONS (AMENDMENT)
Amending Regulation 3 inserts new Regulations numbered 5 to 18P.
New Regulation 5 provides relevant definitions.
New Regulation 6 allows the Minister to establish Standards Review Panels for each State or Territory in which a nursing home is, or nursing homes are, situated.
New Regulation 7 defines the functions of Standards Review Panels.
New Regulation 8 prescribes the power of the Standards Review Panels.
New Regulation 9 defines persons the Minister may appoint to the pool of potential members of Standards Review Panels. This provision restricts the Minister to appointing those who have experience, knowledge or standing in aged care establishments, or consumer protection in a health or social welfare field. The new Regulation specifies a time limit for appointment to the pool of potential Panel members, and deals with how an appointee resigns from the pool of potential Panel members.
New Regulation 10 specifies the membership of an individual Panel, as having one representative from each of the three key sectors or interest groups involved in aged care, a Chairperson and a Departmental nominee. The new Regulation specifies the date of effect, and the qualifications for, the Chairperson’s appointment.
New Regulation 10 also deals with appointing members to the Northern Territory and the Australian Capital Territory. Because of the limited number of nursing homes in the Northern Territory and the Australian Capital Territory, members representing the management of aged care establishments, and professional or industrial organisations, are appointed from the South Australian and the New South Wales pool of potential Panel members respectively. The new Regulation provides for people from the Northern Territory and the Australian Capital Territory, who have experience in consumer protection, to be appointed to the Northern Territory and the Australian Capital Territory pool of potential Panel members respectively.
New Regulation 10 also specifies the term of appointment of a Chairperson and members. The new Regulation prescribes the manner in which a Chairperson or member resigns, or whose membership is terminated by the Minister. The new Regulation allows a Panel to continue to exercise its power when there is a vacancy in its membership.
New Regulation 11 specifies the situations in which the Minister may, or is required to, terminate the appointment of a Chairperson or a member of the pool of potential members.
New Regulation 12 deals with remuneration and allowances paid to members other than Departmental representatives.
New Regulation 13 allows the Minister to grant leave of absence to Chairpersons and members.
New Regulation 14 requires Chairpersons and members having any interest in a nursing home, or associated businesses, which may affect the performance of his or her functions on the Panel, to disclose that interest. This provision specifies the situations where the Chairperson must direct a member not to take part, or not continue to take part, in the performance of his or her functions.
New Regulation 15 prescribes the conditions under which a Panel meeting may be convened. The new Regulation allows the Chairperson to invite non-members of a Panel to attend a meeting to give advice, or inform the Panel.
New Regulation 16 specifies the conditions under which the Chairperson or a member presides at a meeting.
New Regulation 17 specifies that, at a meeting, a quorum consists of a majority of members of that Panel.
New Regulation 18 precludes a Departmental representative on a Panel from voting on a question arising at a meeting.
New Regulation 18A allows members to be considered present, if participating in a meeting by telephone or closed circuit television.
New Regulation 18B requires the Panel to keep records of its proceedings.
New Regulation 18C defines when a Panel’s resolution is taken to have been passed, and what constitutes a document signed by members of the Panel.
New Regulation 18D enables the Panel to act as an informal peer review body which is not bound by the rules of evidence.
New Regulation 18E specifies that the Minister must inform a proprietor when he or she intends to declare that their nursing home does not satisfy required standards.
New Regulation 18F allows the Minister to direct a Panel by notifying the Chairperson to perform its functions in respect of a nursing home specified in a notice. This provision allows the Chairperson to be alerted that the Panel may be called upon to perform its function.
New Regulation 18G specifies the period within which a proprietor may refer the notice of the Minister’s intention to make a declaration to the Panel.
New Regulation 18H requires the Chairperson to notify the proprietor that the Panel will commence operating on being directed by the Minister, or upon receiving a referral from the proprietor. This provision requires the Chairperson to advise the proprietor of the time available to provide information to the Panel; to inspect information on facilities the Panel proposes to consider in reaching its decision; or make submissions relating to other information.
New Regulation 18J permits the Panel to proceed in its functions if a proprietor does not provide information as requested. This provision contains requirements that the Panel report and make recommendations to the Minister within a given period.
New Regulation 18K requires that the Panel report to the Minister in writing, setting out differing viewpoints of members where relevant.
New Regulation 18L deals with ensuring the impartiality of Panels.
New Regulation 18M allows a Panel to withhold information from a proprietor, where it is considered divulging that information may be to the detriment of a resident.
New Regulation 18N specifies that the Chairperson furnish an annual report to the Minister.
New Regulation 18P requires the effectiveness and efficiency of the Panels’ performance be reviewed.
Amending Regulation 5 is a procedural provision.
Amending Regulation 6 is a procedural provision which renumbers the amended Regulations on a sequential basis.