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.
Overview
The National Health Regulations (Amendment) Statutory Rules 1983 were issued by the Minister for Health to amend the National Health Regulations under the National Health Act 1953. This was done to address the need to update the rates of benefit payable to proprietors of approved nursing homes for each qualified nursing home patient, and the minimum amount of daily patient contribution required from patients in non-government nursing homes, in line with increases in nursing home fees and pension rates. The policy objective was to ensure the rates remained reflective of the actual costs of providing nursing home care and to maintain the relativity of the patient contribution to the sum of the current rates of standard age pension and supplementary assistance.
These regulations, which came into operation on 3 November 1983, were enacted by the Parliament of Australia and authorised by the Minister for Health to make necessary amendments to the National Health Regulations. The changes were intended to maintain the financial viability of nursing homes and to ensure that patient contributions remained proportionate to changes in pension rates, thereby supporting the broader policy goals of the National Health Act in providing accessible and affordable healthcare services.
Scope and Application
The National Health Regulations (Amendment) Statutory Rules 1983, issued under the authority of the Minister for Health, pertain to amendments made to the National Health Regulations of 1953. This amendment, particularly under Section 140, adjusts the rates of Commonwealth benefit payable to the proprietors of approved nursing homes for each qualified nursing home patient receiving care. This adjustment is applicable across various states and territories, including New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania, the Australian Capital Territory, and the Northern Territory. The changes, effective from 3 November 1983, reflect an increase in daily rates to better align with the overall increase in nursing home fees, ensuring that the benefits remain commensurate with current costs. Additionally, the regulations also modify the minimum daily patient contribution required from nursing home patients, adjusting the amount from $11.50 to $11.95 to maintain the prescribed relativity to the sum of the current rates of standard age pension and supplementary assistance under the Social Services Act 1947.
Key Provisions
The National Health Regulations (Amendment) (No. 2) 1983 amend Regulation 28A of the National Health Regulations to adjust the daily rate of benefit payable to proprietors of approved nursing homes for each qualified nursing home patient. Specifically, the amendments increase the daily rate of benefit across all states and territories, as detailed in the explanatory statement (regs 2-3). For example, the rate for New South Wales increases from $28.05 to $32.35. The changes aim to reflect overall increases in nursing home fees and align with government policy on the matter.
The amendments to Regulation 29, as referenced in the explanatory statement (reg 4), adjust the minimum amount of daily patient contribution that nursing home patients in approved non-government nursing homes are required to contribute towards their care and treatment. The increase from $11.50 to $11.95 reflects the rise in pension rates under the Social Services Act 1947, ensuring the contribution remains at 87.5% of the sum of the current rates of standard age pension and supplementary assistance. These obligations require nursing home proprietors to adhere to the new rates when claiming benefits and ensure patients contribute the updated amount towards their care.
The regulations stipulate the new daily rates and patient contribution amounts as of 3 November 1983, which became effective immediately upon publication. Failure to comply with the updated rates may result in non-compliance with the Act's requirements, potentially leading to penalties or other consequences under the National Health Act 1953. The exact nature of these consequences would be determined by the provisions of the Act and any relevant case law, but generally, non-compliance could lead to financial penalties or other corrective actions as deemed necessary by the relevant authorities.