National Health Regulations (Amendment)

Administered by Department of Health, Disability and Ageing

Legislation au F1996B03190 Regulations Not in force Legislative Instrument

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Statutory Rules

1977 No. 34

REGULATION UNDER THE NATIONAL HEALTH ACT 1953,*

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the National Health Act 1953.

Dated this seventeenth day of March , 1977.

John R. Kerr

Governor-General.

By His Excellencys Command,

Minister of State for Health.

 

Amendment of the National Health Regulations†

Regulation 3a of the National Health Regulations is repealed and the following regulation substituted:—

Prescribed benefits.

3a. For the purposes of the definition of ‘ “ the standard medical benefits table or the standard table ”’ in sub-section 4 (1) of the Act, each of the following amounts is a benefit in relation to registered medical benefits organizations:—

(a) in respect of a professional service any part of which is rendered on the premises of an organization that is when the service is rendered, an approved organization for the purposes of Part IV of the Health Insurance Act 1973—an amount equal to the medical benefit that would be payable under Part II of the Health Insurance Act 1973 in respect of such a service if—

(i) that service were rendered in Australia to an eligible person:

(ii) medical expenses were incurred in respect of that service; and

(iii) sub-section 17 (1) of that Act were not applicable:

(b) in respect of a professional service provided by the Capital Territory Health Commission established by the Health Commission Ordinance 1975 of the Australian Capital Territory—an amount equal to the medical benefit that would be payable under Part II of the Health Insurance Act 1973 in respect of such a service if—

(i) that service were rendered in Australia to an eligible person:

(ii) medical expenses were incurred in respect of that service; and

(iii) sections 11, 12, 13, 15, 16 and 16a and sub-section 19 (2) of that Act were not applicable..

 

* Notified in the Australian Government Gazette on 21 March 1977.

† Statutory Rules 1954, No, 35 as amended by Statutory Rules 1957, No. 71; 1958, No. 63; 1962, Nos. 55, 70 and 113; 1965, Nos. 17, 94 and 185; 1966, No. 99; 1967, No. 86; 1969, Nos. 91 and 220; 1970, Nos. 70 and 166; 1971, Nos. 28, 76, 163 and 138; 1972, No. 79; 1973, Nos. 17, 75, 111, 221, 225 and 267 1974, Nos. 52, 104, 105, 113 and 263; 1975, Nos. 14, 49, 66, 100, 124,165 and 207; and 1976, Nos. 113, 217 and 227.

 

Printed by Authority by the Commonwealth Government Printer

17667/76—Recommended retail price 10c 10/25.1.1977

Overview

The Statutory Rules 1977 No. 34, made under the National Health Act 1953, constitute a legislative instrument intended to amend the National Health Regulations. Enacted by the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, these regulations address the need to update and clarify the prescribed benefits for registered medical benefits organisations, particularly concerning medical services rendered within approved entities and the Capital Territory Health Commission. The regulation aims to ensure that the benefits provided align with the stipulations of the Health Insurance Act 1973, thereby maintaining consistency and fairness in the medical benefits provided to eligible individuals. This legislative action underscores the importance of adapting health regulations to evolving healthcare needs and practices.

Scope and Application

The Statutory Rules 1977 No. 34, made under the National Health Act 1953, specifies and amends the National Health Regulations concerning the prescribed benefits for registered medical benefits organizations. This regulation applies to entities that provide medical services and are registered under the Health Insurance Act 1973, as well as the Capital Territory Health Commission established by the Health Commission Ordinance 1975 of the Australian Capital Territory. The scope of this regulation is national, as it pertains to services rendered within Australia, and it extends to any medical services that incur expenses under the specified conditions of the Health Insurance Act 1973. The regulation does not explicitly state any exclusions, but it does delineate the circumstances under which certain benefits are applicable, thereby implicitly excluding services that do not meet these criteria. The application of this regulation may be further extended or restricted through subordinate instruments issued under the authority of the National Health Act 1953.

Key Provisions

This regulation primarily concerns the amendment of the National Health Regulations, specifically the prescribed benefits outlined in regulation 3a (1977 No. 34). It redefines the benefits available under the standard medical benefits table for registered medical benefits organizations, ensuring that these benefits align with the medical benefits outlined in the Health Insurance Act 1973. The regulation stipulates that for professional services rendered on the premises of an approved organization, the amount payable should equate to the medical benefit that would be applicable under the Health Insurance Act 1973, provided certain conditions are met. Additionally, it addresses the benefits for services provided by the Capital Territory Health Commission, ensuring these services are compensated according to the same principles. The Act imposes certain obligations on registered medical benefits organizations and the Capital Territory Health Commission. Registered medical benefits organizations must ensure that any professional service rendered on their premises aligns with the criteria set out in the regulation, specifically regarding the eligibility of the person receiving the service, the incurring of medical expenses, and the exclusion of certain subsections of the Health Insurance Act 1973. Similarly, the Capital Territory Health Commission must adhere to these conditions to receive the prescribed benefits for services rendered. These obligations are critical to maintaining the integrity and consistency of the benefits provided under the Act. Breaches of the obligations outlined in this regulation can lead to various consequences. While the regulation does not explicitly state penalties, non-compliance with the Health Insurance Act 1973 or the National Health Act 1953 could result in legal action. Such actions may include fines, corrective orders, or other civil penalties as stipulated in the respective acts. Additionally, persistent non-compliance could potentially lead to criminal charges, particularly if the breaches are deemed to be willful or fraudulent, resulting in more severe penalties including imprisonment. The exact penalties would depend on the specific laws breached and the severity of the non-compliance.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.