Statutory Rules
1979 No. 208
REGULATION UNDER THE NATIONAL HEALTH ACT 19531
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the National Health Act 1953.
Dated this twenty-seventh day of September 1979.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
RALPH J. HUNT
Minister of State for Health
_______________
AMENDMENT OF THE NATIONAL HEALTH
REGULATIONS2
After regulation 3A of the National Health Regulations the following regulation is inserted:
Prescribed benefits for purposes of definition of “basic hospital benefits table” or “basic table” in sub-section 4 (1) of the Act
“3B. For the purposes of the definition of ‘basic hospital benefits table’ or ‘basic table’ in sub‑section 4 (1) of the Act, in respect of professional services rendered to persons as in‑patients of a hospital referred to in section 120D of the Repatriation Act 1920 by medical practitioners employed by or under arrangements made by, the hospital, benefits equal to the charges made by the hospital for the provision of those services to patients who are not entitled to receive compensation or damages in respect of the cost of those services are prescribed.”.
NOTES
1. Notified in the Commonwealth of Australia Gazette on 2 October 1979.
2. Statutory Rules 1954 No. 35 as amended to date. For previous amendments of the National Health Regulations see Note 2 to Statutory Rules 1979 No. 59 and see also Statutory Rules 1979 Nos. 59 and 107.
Overview
The National Health Regulation, issued in 1979 under the National Health Act 1953, was enacted by the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council. This legislative instrument aimed to address the gap in the provision of hospital benefits for specific patient groups by clarifying the scope of professional services covered under the definition of "basic hospital benefits table". The policy objective of these regulations is to ensure that the benefits provided to in-patients of hospitals, particularly those who are not entitled to compensation or damages for the cost of services, are explicitly defined and adequately covered. This amendment ensures that the benefits are prescribed in line with the charges made by hospitals for non-compensated patients, thereby maintaining consistency and fairness in the healthcare system.
Scope and Application
The Statutory Rules 1979 No. 208, made under the National Health Act 1953, amends the National Health Regulations to specify prescribed benefits for professional services rendered to in-patients of hospitals, as defined under section 120D of the Repatriation Act 1920. This regulation applies to medical practitioners employed by or under arrangements made by hospitals and pertains specifically to the benefits provided to patients who are not entitled to receive compensation or damages for the cost of these services. The scope of this regulation is confined to the prescribed benefits outlined for the purposes of the "basic hospital benefits table" as defined in the National Health Act. The regulation applies nationally across the Commonwealth of Australia and is subject to the overarching provisions of the National Health Act and the Repatriation Act 1920. There are no explicit exclusions, exemptions, or thresholds mentioned in the text, but the regulation's application is limited to the specific circumstances described. The regulation extends the application of the National Health Act by detailing specific benefits within the defined scope, thereby providing clarity and guidance on what is covered under the Act in this particular context.
Key Provisions
The main operative sections of the regulation are introduced as an amendment to the National Health Regulations under the National Health Act 1953. Specifically, regulation 3B is inserted after regulation 3A, and it pertains to the definition of “basic hospital benefits table” or “basic table” in sub-section 4(1) of the Act. Regulation 3B stipulates that for professional services rendered to in-patients of a hospital, as referred to in section 120D of the Repatriation Act 1920, by medical practitioners employed by or under arrangements made by the hospital, the benefits prescribed will be equal to the charges made by the hospital for providing those services to patients who are not entitled to receive compensation or damages for the cost of those services.
The obligations imposed by this regulation are primarily on hospitals and medical practitioners. Hospitals must ensure that the charges they make for professional services rendered to in-patients are in line with the prescribed benefits as outlined in regulation 3B. Medical practitioners employed by or under arrangements made by the hospital must also adhere to these prescribed benefits when rendering services to in-patients. This regulation is designed to standardise the benefits provided for in-patients, ensuring that there is consistency and fairness in the treatment and services provided by hospitals.
Any breaches of this regulation could result in civil or criminal consequences. Although specific penalties are not detailed within the regulation itself, breaches of the National Health Regulations generally can lead to various sanctions. These can include fines, penalties, or other civil or criminal actions as stipulated in the National Health Act 1953. The maximum penalties for such breaches would depend on the nature and severity of the violation, as well as other relevant provisions of the Act and associated regulations. It is important for hospitals and medical practitioners to comply with this regulation to avoid any potential legal ramifications.