EXPLANATORY STATEMENT
Statutory Rules 1986 No. 330
SUBJECT: NATIONAL HEALTH ACT 1953
NATIONAL HEALTH REGULATIONS (AMENDMENT)
(Issued by authority of the Minister for Community Services, Senator the Hon Don Grimes.)
Regulation 28A of the National Health Regulations (the Regulations) was made pursuant to section 140 of the National Health Act 1953 (the Act).
Sub-section 47(1) of the Act provides that there 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 a Commonwealth benefit of -
(a) where the nursing home is situated in New South Wales - $13.65 or such higher amount as is prescribed from time to time;
(b) where the nursing home is situated in Victoria - $19.65 or such higher amount as is prescribed from time to time;
(c) where the nursing home is situated in Queensland - $11.80 or such higher amount as is prescribed from time to time;
(d) where the nursing home is situated in South Australia - $17.40 or such higher amount as is prescribed from time to time;
(e) where the nursing home is situated in Western Australia - $11.75 or such higher amount as is prescribed from time to time;
(f) where the nursing home is situated in Tasmania - $14.85 or such higher amount as is prescribed from time to time;
(g) where the nursing home is situated in the Australian Capital Territory - $13.65 or such higher amount as is prescribed from time to time; or
(h) where the nursing home is situated in the Northern Territory - $17.40 or such higher amount as is prescribed from time to time.
Sub-regulation 28A(2) of the Regulations provides the prescribed amount of Commonwealth benefit payable in respect of an approved nursing home other than a Government nursing home for the purposes of each of the paragraphs of sub-section 47(1) of the Act.
From 1977 to 1985 it was government policy to annually adjust nursing home benefits so that each State and the Northern Territory and Australian Capital Territory’s benefit level together with the minimum resident contribution covered the fees charged for 70 percent of non-government nursing home beds in these States and Territories. That policy has continued in respect of New South Wales, Queensland, Western Australia, Tasmania and the Australian Capital Territory and is the reason for the proposed new amounts for those States and that territory.
In May 1985 the Government announced a freeze on the maximum level of nursing home benefit for non-government nursing homes in Victoria, South Australia and the Northern Territory and on all Government nursing homes approved under the Act.
The Government has decided to partially lift that freeze with respect to non-Government nursing homes which has resulted in the proposed new amounts for these States and that Territory.
The regulations omit from sub-regulation 28A(2) of the Regulations the prescribed amounts and substitute new amounts.
The regulations will come into operation on 13 November 1986.