EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 427
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 general increase having taken effect on 1 November 1984.
Since the increase in the rates of Commonwealth benefit for nursing home care throughout Australia from 1 November 1984, legislation has come into force in Western Australia which increases the statutory minimum staffing levels for nursing homes in that State. Increased costs in the provision of nursing home care arising from the new requirements have required a compensatory increase of $4 per day in the rate of Commonwealth benefit in respect of Western Australia.
The regulations amend Regulation 28A of the National Health Regulations to provide for the rate of Commonwealth benefit in respect of Western Australia to be increased from $27.55 to $31.55 per day.
The regulations came into operation on 15 December 1984.
Overview
The National Health Regulations (Amendment) Statutory Rules 1984 No. 427, issued under the authority of the Minister for Health, amend the National Health Regulations to address a gap in funding for nursing home care in Western Australia. Enacted in 1953, the National Health Act provides a framework for the provision of healthcare services, including nursing home care, across Australia. These regulations, specifically amending Regulation 28A, respond to the introduction of new statutory minimum staffing levels in Western Australia, which have increased operational costs for nursing homes. The policy objective of these amendments is to ensure that the increased costs associated with these staffing requirements are adequately compensated through an adjustment to the Commonwealth benefit rates. The amendment raises the daily benefit rate from $27.55 to $31.55, effective from 15 December 1984, providing necessary financial support to nursing homes in Western Australia.
Scope and Application
The National Health Regulations (Amendment) Statutory Rules 1984 pertain to adjustments in the Commonwealth benefit rates for nursing home care, specifically addressing the increased costs due to enhanced statutory minimum staffing levels in Western Australia. These regulations are applicable to proprietors of approved nursing homes in Western Australia, as they pertain to the compensation for each qualified nursing home patient receiving care in these facilities. The geographic scope of these regulations is national, with a specific focus on Western Australia, as they amend the rates prescribed under the National Health Act 1953. The amendment increases the daily benefit rate from $27.55 to $31.55, effective from 15 December 1984, to accommodate the additional costs resulting from the new staffing requirements. The regulations do not explicitly state any exclusions or thresholds, but they operate within the framework established by the National Health Act 1953 and its corresponding regulations. The application of these regulations is facilitated through subordinate instruments, which provide the necessary flexibility to adjust benefit rates in response to evolving standards and requirements in the nursing home industry.
Key Provisions
The main operative sections of the National Health Regulations (Amendment) (Statutory Rules 1984 No. 427) involve amending Regulation 28A, which pertains to the rates of Commonwealth benefit for nursing home care in Western Australia (section 2). This amendment follows the legislative increase in statutory minimum staffing levels in Western Australian nursing homes, which has led to higher operational costs. As a result, the rate of Commonwealth benefit for Western Australia has been increased from $27.55 to $31.55 per day for each qualified nursing home patient receiving care.
The Act imposes specific obligations on the parties involved, including the proprietors of approved nursing homes and the Commonwealth, which is responsible for the payment of benefits. The proprietors must ensure that their nursing homes comply with the updated staffing levels as required by Western Australian legislation. The Commonwealth, on the other hand, must now pay the higher rate of benefit to the proprietors for each day a qualified patient receives nursing home care in Western Australia. These obligations are intended to ensure that the increased costs incurred by nursing homes due to the higher staffing requirements are adequately compensated.
There are no explicit offences, penalties, or civil/criminal consequences mentioned in the explanatory statement for breaches of these regulations. However, the failure to comply with the updated staffing levels could potentially lead to non-compliance with Western Australian legislation, which might result in separate penalties or enforcement actions under state law. The focus of these regulations is on ensuring financial compensation to nursing homes for the increased costs they incur rather than imposing punitive measures for non-compliance with the benefit rates themselves.