EXPLANATORY STATEMENT
STATUTORY RULES 1983 NO. 247
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 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 have been increased annually by regulations since 1977, the last such increase having taken effect on 4 November 1982. In accordance with Government policy it again became necessary to increase those rates to reflect overall increases in nursing home fees.
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:
| Previous | New |
| Level | Level |
| $ | $ |
New South Wales | 28.05 | 32.35 |
Victoria | 41.90 | 45.15 |
Queensland | 24.00 | 26.65 |
Western Australia | 21.65 | 23.40 |
South Australia | 32.20 | 37.80 |
Tasmania | 25.35 | 27.00 |
Australian Capital Territory | 28.05 | 32.35 |
Northern Territory | 32.20 | 37.80 |
Sub-paragraph 47(2)(b)(iii) of the Act fixed $6.70 or such higher amount as is prescribed by regulations as the minimum amount of daily patient contribution that nursing home patients accommodated in approved non-government nursing homes are required to contribute towards their care and treatment. Such an amount is prescribed by Regulation 29 of the National Health Regulations. Since 1978, the amount
of the patient contribution prescribed by that Regulation has been maintained at a level equivalent to 87.5% of the sum of the current rates of standard age pension and supplementary assistance payable under the Social Services Act 1947. The increase in pension rates with effect from 3 November 1983 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 $11.50 to $11.95.
The regulations came into operation on 3 November 1983.