EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 200
NATIONAL HEALTH REGULATIONS (AMENDMENT)
Issued by the Authority of the Minister for Health
Section 140 of the National Health Act 1953 provides for the making of regulations by the Governor-General to prescribe all matters which by the Act are required or permitted to be prescribed for carrying out or giving effect to the Act.
Part III of the Act makes provision for the approval of patients and, where appropriate, their attendants and escorts for the purposes of the payment of a travel and accommodation allowance in relation to expenses incurred by persons required to travel from isolated areas in order to obtain specialist medical treatment.
Sub-section 13 (2A) of the Act empowers the Secretary to the Department of Health to approve as approved patients, those patients who reside on prescribed islands thus overcoming the criteria with respect to the distance that must otherwise be travelled to receive treatment. Regulation 5A lists those islands that are so prescribed.
These Statutory Rules amend regulation 5A by adding all those islands within the Torres Strait that form part of the territory of Queensland and the South Australian islands of Althorpe, Flinders, Neptune and Thistle.
Section 18 of the Act sets out the conditions applicable for the payment of an accommodation allowance in respect, inter alia, of approved escorts and allows for the setting of exceptions and qualification thereto by regulation. Regulation 9 prescribes conditions for the payment of an accommodation allowance in respect of certain escorts. These Statutory Rules remove the anomaly that has prevented the escort of an adult hospital inpatient from receiving an accommodation allowance while staying at the place of treatment; a benefit that is available to escorts of minors. The accommodation allowance does not exceed the amount that would have been payable had the escort had to return home and return to collect the patient at a later time.