National Health Regulations (Amendment) 1993 No. 280
EXPLANATORY STATEMENT
STATUTORY RULES 1993 No. 280
Issued by Authority of the Minister for Housing, Local Government and Community Services
National Health Act 1953
National Health Regulations (Amendment)
Part VA of the National Health Act 1953 (the Act) provides for the payment of nursing home benefits in respect of approved nursing home patients and Repatriation nursing home patients. The Department of Health, Housing, Local Government and Community Services administers this Part of the Act, processing claims lodged by proprietors of approved nursing homes on a computer based payment system. Payments are made by the Department of Finance from computer generated records, and payments in respect of Repatriation nursing home patients are charged by the Department of Finance to Department of Veterans' Affairs appropriations.
Subsection 135A(1) of the Act prohibits the disclosure of information, acquired in the performance of duties or in the exercise of powers or functions under the Act, to another person. This provision has the effect of denying the Department of Veterans' Affairs information regarding payments made on their behalf in respect of Repatriation nursing home patients. It also prevents the Department of Veterans' Affairs from verifying that those nursing home patients for whose care it is paying are in fact eligible to have some or all of the cost of their nursing home care met by that Department.
Paragraph 135A(3)(b) of the Act however, enables the Secretary to divulge information which would otherwise be subject to subsection 135A(1), to an authority or person if that authority or person is prescribed for the purposes of the paragraph and the information to be disclosed is of a kind that in accordance with the regulations may be provided to that authority or person.
Subsection 140(1) of the Act enables the Governor-General to make regulations, prescribing all matters which by the Act are required or permitted to be prescribed, including the prescribing of authorities or persons and kinds of information for the purposes of paragraph 135A(3)(b) of the Act.
The regulations prescribe the Department of Veterans' Affairs for the purposes of paragraph 135A(3)(b) of the Act, and define the kinds of information with respect to Repatriation nursing home patients and possible Repatriation nursing home patients which can be divulged to that Department under paragraph 135A(3)(b) of the Act.
The commencement of the proposed regulations from that date will not, in terms of subsection 48(2) of the Acts Interpretation Act 1901, affect the rights of a person as at the date of notification so as to disadvantage that person, and will not impose liabilities on a person in respect of anything done or omitted to be done before the date of notification.
The regulations are taken to have commenced on 1 July 1991 in order that information of the kind detailed in the regulations may be divulged to the Department of Veterans' Affairs from that date.
Overview
The National Health Regulations (Amendment) 1993 No. 280, issued under the authority of the Minister for Housing, Local Government and Community Services, seeks to address a significant gap in information sharing concerning nursing home benefits for Repatriation patients. The National Health Act 1953, as amended, allows for the payment of nursing home benefits for approved and Repatriation nursing home patients, administered by the Department of Health, Housing, Local Government and Community Services. However, the Act previously prohibited the disclosure of certain information to the Department of Veterans' Affairs, preventing effective verification of patient eligibility for Repatriation benefits. This amendment rectifies the issue by enabling the necessary sharing of information with the Department of Veterans' Affairs, ensuring that payments are accurately targeted to eligible patients and fostering better coordination between departments. The policy objective is to improve the accuracy and efficiency of benefit payments for Repatriation nursing home patients by allowing the Department of Veterans' Affairs to verify the eligibility of patients.
Scope and Application
The National Health Regulations (Amendment) 1993, issued under the authority of the Minister for Housing, Local Government and Community Services, amends the National Health Regulations to align with the provisions of Part VA of the National Health Act 1953. This Act governs the payment of nursing home benefits for approved and Repatriation nursing home patients, managed by the Department of Health, Housing, Local Government and Community Services, with payments processed by the Department of Finance. Specifically, the regulations address the limitation on the disclosure of information under subsection 135A(1) of the Act by allowing the Secretary to divulge otherwise confidential information to the Department of Veterans' Affairs, which is prescribed for this purpose. This amendment facilitates the verification of eligibility for Repatriation nursing home patients, enabling the Department of Veterans' Affairs to ascertain that the individuals for whom they are making payments are indeed eligible for such benefits. The regulations took effect from 1 July 1991, ensuring that the amendments do not disadvantage existing rights or impose new liabilities retroactively.
Key Provisions
The main operative sections of the National Health Regulations (Amendment) 1993 No. 280 pertain to the amendment of Part VA of the National Health Act 1953, specifically concerning the disclosure of information related to nursing home benefits for Repatriation nursing home patients. Section 135A(1) of the Act generally prohibits the disclosure of information acquired in the performance of duties or in the exercise of powers under the Act, but Section 135A(3)(b) allows for certain disclosures to prescribed authorities or persons. The regulations prescribe the Department of Veterans' Affairs as such a prescribed authority under Section 135A(3)(b), and they specify the kinds of information that can be disclosed to that Department concerning Repatriation nursing home patients.
The obligations and requirements imposed by these regulations on the parties involved are primarily centred around the disclosure and verification of information related to nursing home benefits for Repatriation nursing home patients. The Department of Health, Housing, Local Government and Community Services, which administers the payment system, must now disclose to the Department of Veterans' Affairs information that was previously withheld under Section 135A(1). This includes details about payments made and eligibility verifications, which are essential for the Department of Veterans' Affairs to manage its appropriations and ensure that only eligible patients receive benefits.
In terms of offences, penalties, or consequences, the National Health Regulations (Amendment) 1993 No. 280 does not explicitly outline new criminal or civil penalties. However, any breach of the amended regulations, such as improper disclosure of sensitive information or failure to comply with the prescribed information requirements, could lead to legal action. The potential consequences might include administrative penalties, legal disputes, or civil litigation for any harm caused by non-compliance. It is important to note that while the regulations do not introduce new criminal penalties, they do clarify and modify existing legal obligations, thereby emphasising the importance of compliance.
The regulations are designed to ensure that the commencement of the new disclosure provisions does not adversely affect existing rights or impose new liabilities on individuals retroactively. According to subsection 48(2) of the Acts Interpretation Act 1901, the commencement of the regulations from the specified date will not disadvantage individuals in terms of their rights as at the date of notification and will not impose new liabilities for actions taken before the notification date. This ensures a smooth transition and protects existing stakeholders from unforeseen legal or financial burdens.