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.
Overview
The Statutory Rules 1984 No. 200, known as the National Health Regulations (Amendment), were enacted to address gaps in the provision of travel and accommodation allowances for patients and their escorts under the National Health Act 1953. This amendment was issued by the authority of the Minister for Health, with the objective of expanding the scope of approved patients eligible for such allowances and rectifying inconsistencies in the allowance provisions for escorts. Specifically, the amendment adds certain islands within the Torres Strait and South Australia to the list of prescribed islands where residents can be approved as patients without needing to meet the usual distance criteria for specialist treatment. Furthermore, the amendment resolves an inconsistency by allowing escorts of adult hospital inpatients to receive an accommodation allowance while staying at the treatment facility, aligning their benefits with those provided to escorts of minors.
The National Health Regulations (Amendment) aim to ensure equitable access to medical treatment and related allowances by broadening the eligibility criteria for patients and addressing discrepancies in the allowance provisions for escorts, thereby reflecting the policy objective of improving access to healthcare services for isolated communities.
Scope and Application
The National Health Regulations (Amendment) Statutory Rules 1996 pertain to the National Health Act 1953 and are aimed at enhancing the provision of healthcare services, particularly for patients who need to travel from remote areas to receive specialist treatment. These regulations apply to individuals who are approved patients residing on specified islands, including those within the Torres Strait in Queensland and certain islands in South Australia such as Althorpe, Flinders, Neptune, and Thistle. This amendment broadens the scope of those eligible for approval as patients, thereby facilitating their access to necessary medical treatment without the geographical constraints previously imposed. Additionally, the regulations address the payment of travel and accommodation allowances for approved escorts, correcting an existing anomaly that excluded adult hospital inpatient escorts from receiving such allowances, aligning their benefits with those available to escorts of minors. The amendments reflect an effort to ensure equitable treatment and support for all patients and their accompanying caregivers. The application of these regulations is subject to the conditions and exceptions outlined in the Act, with the Secretary to the Department of Health having the authority to approve patients and set specific conditions for allowances through subordinate instruments.
Key Provisions
The National Health Regulations (Amendment) Statutory Rules 2014 (F1996B03219) introduce amendments to the existing regulations under the National Health Act 1953. These amendments, particularly those found in regulations 5A and 9, aim to expand the list of approved islands and adjust the conditions for accommodation allowances. Regulation 5A, as amended, now includes all islands within the Torres Strait that are part of Queensland and specific islands in South Australia – Althorpe, Flinders, Neptune, and Thistle – as approved islands. This means that patients residing on these islands can be approved for travel and accommodation allowances without needing to meet the usual distance criteria for specialist medical treatment (Section 13(2A)).
Under the new regulations, the conditions for the payment of an accommodation allowance have been adjusted to ensure equity between escorts of adult hospital inpatients and those of minors. Previously, only escorts of minors were eligible for an accommodation allowance while staying at the treatment location; this amendment now extends the same benefit to escorts of adult patients (Regulation 9). It is important to note that this allowance does not exceed what would have been payable if the escort had returned home and then returned to collect the patient later.
The obligations imposed by these regulations on the parties involved are primarily focused on ensuring that the conditions for travel and accommodation allowances are adhered to. The Secretary to the Department of Health must approve patients based on the new list of prescribed islands and must also ensure that the conditions for accommodation allowances are met for both minor and adult inpatients' escorts. Furthermore, entities claiming allowances must provide necessary documentation to substantiate their claims and ensure that they comply with the specified conditions.
There are no specific offences, penalties, or civil/criminal consequences mentioned in the text for breaches of these regulations. However, it is reasonable to infer that any non-compliance with the regulations could lead to denial of claims for travel and accommodation allowances or other administrative actions as deemed appropriate by the Department of Health. Given the nature of the amendments, the focus is on ensuring equitable treatment and proper administration rather than punitive measures.