EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 308
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 increase having taken effect on 3 November 1983. It again became necessary to increase these rates of benefit to reflect general increases in nursing home fees during the past year.
The regulations amend Regulation 28A of the National Health Regulations to provide for an increase in the daily rate of benefit as shown in the following table:
| Previous Level | New Level |
| $ | $ |
New South Wales | 32.35 | 33.35 |
Victoria | 45.15 | 48.50 |
Queensland | 26.65 | 28.10 |
Western Australia | 23.40 | 27.55 |
South Australia | 37.80 | 39.05 |
Tasmania | 27.00 | 27.80 |
Australian Capital Territory | 32.35 | 33.35 |
Northern Territory | 37.80 | 39.05 |
Sub-paragraph 47(2) (b) (iii) of the Act fixed $6.70 or such higher amount as is prescribed by regulations as the minimum amount of daily patient contribution that nursing home patients accommodated in approved non-government nursing homes are required to contribute towards their care and treatment. Such an amount is prescribed by Regulation 29 of the National Health Regulations. Since 1978, the amount of the prescribed
patient contribution has been determined by reference to the sum of the current rates of standard age pension and supplementary assistance payable under the Social Services Act 1947. The increase in pension rates with effect from 1 November 1984 has made it necessary to increase the amount of patient contribution from that date. The regulations accordingly provide for an increase in the prescribed amount of daily patient contribution from $12.40 to $12.75.
The regulations came into operation on 1 November 1984.
Overview
The National Health Regulations (Amendment) Statutory Rules 1984, issued under the authority of the Minister for Health and pursuant to the National Health Act 1953, were enacted to address the need for an update in the daily rates of benefit payable to proprietors of approved nursing homes, as well as the minimum daily patient contribution required from patients in non-government nursing homes. This amendment was necessitated by the general increase in nursing home fees and the rise in pension rates, which were to take effect from 1 November 1984. The policy objective was to ensure that the rates of benefit and patient contributions remain reflective of current economic conditions, thereby maintaining the sustainability and accessibility of nursing home care within the nation. These regulations aimed to provide a fair and updated framework that supports both the operators of nursing homes and the patients who rely on these services.
Scope and Application
The National Health Regulations (Amendment) Statutory Rules 1984 No. 308 apply to the proprietors of approved nursing homes and qualified nursing home patients in all states and territories of Australia. These regulations amend the National Health Regulations to increase the daily rate of benefit payable to the proprietor of an approved nursing home for each qualified nursing home patient receiving care. The amendments reflect the general increases in nursing home fees and are prescribed by the regulations for each state and territory. Additionally, the regulations increase the minimum daily patient contribution required from nursing home patients accommodated in approved non-government nursing homes, which is determined by reference to the sum of the current rates of standard age pension and supplementary assistance payable under the Social Services Act 1947. These changes came into effect on 1 November 1984, and the amendment extends the application of the Act by modifying the rates of benefit and patient contributions as prescribed by the regulations.
Key Provisions
The primary operative sections of the National Health Regulations (Amendment) involve updating the daily rates of benefit for approved nursing homes and the prescribed minimum amount of daily patient contribution for nursing home care. Under section 47(1) of the National Health Act 1953, the regulations specify the daily rates of benefit payable to nursing homes, which have been adjusted to reflect recent increases in nursing home fees. These new rates are detailed in the amendment, with each state and territory receiving a specific increase as shown in the accompanying table. Additionally, the amendment addresses the minimum patient contribution under sub-paragraph 47(2) (b) (iii) of the Act, increasing it from $12.40 to $12.75 to align with the updated pension rates effective from 1 November 1984, as prescribed by Regulation 29.
The National Health Regulations impose specific obligations on the parties involved, including the requirement for proprietors of approved nursing homes to comply with the updated rates of benefit. These regulations mandate that the daily rates of benefit must be adhered to for each qualified nursing home patient receiving care. Furthermore, nursing home patients must contribute the prescribed minimum amount towards their care and treatment. The amendments necessitate that nursing homes and patients alike adjust to these new financial parameters to maintain compliance with the Act.
Failure to comply with the new provisions of the regulations may result in various consequences. While specific offences and penalties are not detailed in the text, it is reasonable to infer that non-compliance could lead to administrative or legal actions under the Act. For instance, nursing homes may face penalties for not adhering to the specified rates of benefit, and patients may be subject to sanctions for failing to meet the prescribed contribution amounts. The precise nature and extent of these penalties would typically be outlined in further sections of the Act or in related legislative instruments.