National Health Regulations (Amendment) 1991 No. 310
EXPLANATORY STATEMENT
STATUTORY RULES 1991 No. 310
Issued by the authority of the Minister for Aged, Family and Health Services
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 for the purposes of the Act.
Section 4AAAA of the Act provides that, for the purposes of the Act, an adjusted fee government nursing home is
"(a) a nursing home whose name and address are specified in column 2 of an item in Schedule 3, being the nursing home to which the certificate of approval issued by the minister under subsection 40AA(2) and bearing the approval number specified in column 3 of that item relates;
(b) any other nursing home prescribed for the purposes of this section."
The Regulations may also amend Schedule 3 of the Act by omitting any item in that Schedule.
Adjusted fee government nursing homes receive payment of a higher level of Commonwealth nursing home benefits than other State Government nursing homes. These arrangements previously applied to a total of 295 beds in the eleven new State Government nursing homes which were listed in Schedule 3 of the Act.
On June 25 1991 the Victorian Health Department requested that the Percy H. Cleland Nursing Home, at that time an adjusted fee government nursing home, be deleted as an adjusted fee government nursing home, to be substituted by the Ian Brand Nursing Home. Both nursing homes have 30 beds, and are located on the same site at Bundoora. The Minister for Aged, Family and Health Services approved the deletion and substitution on 3 September 1991.
The National Health Regulations have been amended to:
• omit the Percy H. Cleland Nursing Home from Schedule 3, adjusted fee government nursing homes, and
• prescribe the Ian Brand Nursing Home as an adjusted fee government nursing home.
Overview
The National Health Regulations (Amendment) 1991 No. 310, issued under the authority of the Minister for Aged, Family and Health Services, was enacted to amend the National Health Act 1953 in response to a specific request from the Victorian Health Department. The amendment was made to adjust the list of adjusted fee government nursing homes as part of the national healthcare system, ensuring that the correct facilities receive the appropriate level of Commonwealth nursing home benefits. This legislative adjustment was necessary following the request to replace the Percy H. Cleland Nursing Home with the Ian Brand Nursing Home, both of which are located in Bundoora and have an identical capacity of 30 beds. The policy objective behind this amendment was to streamline the administration of healthcare benefits and ensure that funding is directed to the intended facilities.
Scope and Application
The National Health Regulations (Amendment) 1991 No. 310 pertains to the National Health Act 1953, specifically amending the regulations concerning adjusted fee government nursing homes. This amendment applies to nursing homes that are recognised as adjusted fee government nursing homes, which are defined under Section 4AAAA of the Act. These are nursing homes that receive higher levels of Commonwealth nursing home benefits than other State Government nursing homes. The amendment affects the specific nursing homes named in Schedule 3 of the Act, currently listing 295 beds across eleven nursing homes. In this instance, the regulation has been altered to remove the Percy H. Cleland Nursing Home from the list of adjusted fee government nursing homes and to include the Ian Brand Nursing Home in its place, both of which are located at Bundoora and have 30 beds each. This change was approved by the Minister for Aged, Family and Health Services on 3 September 1991 following a request from the Victorian Health Department on 25 June 1991. The amendment is made under the authority of the Governor-General and is effective within the Commonwealth jurisdiction.
Key Provisions
The National Health Regulations (Amendment) 1991 No. 310, as referenced in Section 140 of the National Health Act 1953, makes specific amendments to the regulation of adjusted fee government nursing homes. Under Section 4AAAA of the Act, these are defined as nursing homes that meet certain criteria, including those listed in Schedule 3. The amendment made by the Regulations involves two primary changes: the removal of the Percy H. Cleland Nursing Home from the list of adjusted fee government nursing homes, and the addition of the Ian Brand Nursing Home in its place. Both nursing homes have 30 beds and are located on the same site in Bundoora, Victoria.
The obligations imposed by these Regulations require the relevant authorities to ensure that the updated Schedule 3 accurately reflects the current status of adjusted fee government nursing homes. This involves administrative tasks such as updating the list of nursing homes receiving higher levels of Commonwealth nursing home benefits and ensuring that any changes are properly documented and communicated to relevant stakeholders. Additionally, the regulations mandate that the Minister for Aged, Family and Health Services review and approve any requests to alter the list of adjusted fee government nursing homes, as demonstrated in the case of the Percy H. Cleland and Ian Brand Nursing Homes.
Failure to comply with the provisions of the National Health Regulations, or the amendments made by these Regulations, can lead to various consequences. While the Regulations themselves do not explicitly outline specific penalties, breaches of the National Health Act 1953 can result in civil or criminal penalties. These may include fines or imprisonment, depending on the nature and severity of the breach. The exact penalties are determined by the relevant courts and can vary significantly based on the circumstances of each case. It is therefore crucial for all parties involved to adhere strictly to the requirements set forth by the Act and the Regulations to avoid potential legal repercussions.