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.
Overview
The National Health Regulations (Amendment) Statutory Rules 1986 No. 330, enacted by the Minister for Community Services, Senator the Hon Don Grimes, aim to amend the existing National Health Regulations to address the need for adjustments in the Commonwealth benefit payable to proprietors of approved nursing homes in various states and territories. This legislative amendment responds to the previous government policy that adjusted nursing home benefits annually to cover the fees charged for 70 percent of non-government nursing home beds. The policy underwent a freeze in May 1985 for certain states and territories, which this amendment partially lifts for non-government nursing homes. The objective is to ensure that the prescribed amounts align with the revised policy and provide appropriate compensation to nursing home proprietors.
Scope and Application
The National Health Regulations (Amendment) Statutory Rules 1986 No. 330, issued under the authority of the Minister for Community Services, pertains to the National Health Act 1953 and specifically amends Regulation 28A concerning the Commonwealth benefit payable to proprietors of approved nursing homes for each qualified nursing home patient receiving care. The amendment introduces new prescribed amounts for Commonwealth benefits payable to nursing homes situated in various states and territories, adjusting the benefit levels based on state-specific criteria. The amendment is effective from 13 November 1986 and applies to all approved nursing homes, including non-government facilities, across New South Wales, Victoria, Queensland, South Australia, Western Australia, Tasmania, the Australian Capital Territory, and the Northern Territory. The regulation also reflects the partial lifting of a previous freeze on benefit levels for certain states, thereby updating the benefit amounts to align with the current government policy.
Key Provisions
The main operative sections of this amendment to the National Health Regulations under the National Health Act 1953 pertain to the adjustment of Commonwealth benefits payable to the proprietors of approved nursing homes. Specifically, section 47(1) of the Act details the Commonwealth benefit payable per day for each qualified nursing home patient in various states and territories, with sub-section 47(1)(a) to (h) listing the specific amounts for New South Wales, Victoria, Queensland, South Australia, Western Australia, Tasmania, the Australian Capital Territory, and the Northern Territory respectively. Sub-regulation 28A(2) of the Regulations specifies the prescribed amounts of the Commonwealth benefit payable for approved nursing homes.
The obligations and requirements imposed by this Act and the accompanying Regulations on parties and entities governed by them include ensuring compliance with the updated benefit amounts as per the new Regulations. Approved nursing homes must accurately calculate and receive the correct Commonwealth benefit based on the state or territory in which they are located, as stipulated in the amended Regulations. The proprietors of these nursing homes are required to adhere to the prescribed amounts listed in the Regulations for each state and territory, which have been adjusted to reflect policy changes and to partially lift the previous freeze on certain benefits.
Breaches of the requirements set out in the Regulations can result in civil and criminal consequences. While the specific penalties are not detailed in the provided text, it is common under Australian legislation for non-compliance with statutory requirements to incur fines or other penalties as stipulated in the relevant Act or subsidiary legislation. The seriousness of the breach, the intent behind it, and any mitigating or aggravating factors would typically influence the severity of the penalties imposed. Given the nature of the National Health Act and the importance of ensuring accurate and fair benefits for nursing home patients, penalties could potentially include substantial fines and other legal actions to enforce compliance.