National Health (Variation of Benefits) (No. 2) Regulations

Legislation au C1971L00075 Regulations Not in force Legislative Instrument

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STATUTORY RULES

1971 No.

REGULATIONS UNDER THE NATIONAL HEALTH ACT 1953-1970.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council hereby make the following Regulations under the National Health Act 1953-1970.

Dated this seventeenth day of June, 1971.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

Sgd. Ivor J. Greenwood

Minister of State for Health.

NATIONAL HEALTH (VARIATION OF BENEFITS) (No. 2) REGULATIONS

Citation.

1. These Regulations may be cited as the National Health (Variation of Benefits) (No. 2) Regulations.

Commencement.

2. These Regulations shall come into operation on the first day of July, 1971, and apply in relation to the payment of Commonwealth benefit in respect of medical expenses incurred on or after that date.

Definition.

3. In these Regulations, “the Act” means the National Health Act 1953-1970.

Act to have effect as varied.

4. The Act shall have effect as if—

(a) the table in the First Schedule were varied as set out in the First Schedule to these Regulations;

(b) the table in the Second Schedule were varied as set out in the Second Schedule to these Regulations;

(c) the table in the Third Schedule were varied as set out in the Third Schedule to these Regulations;

(d) the table in the Fourth Schedule were varied as set out in the Fourth Schedule to these Regulations;

(e) the table in the Fifth Schedule were varied as set out in the Fifth Schedule to these Regulations;

(f) the table in the Sixth Schedule were varied as set out in the Sixth Schedule to these Regulations; and

(g) the table in the Seventh Schedule were varied as set out in the Seventh Schedule to these Regulations.

* Notified in the Commonwealth Gazette on 1971.

15659/71—Price 10c 10/8.6.1971


THE SCHEDULES

FIRST SCHEDULE Regulation 4.

Variations of the Table in the First Schedule to the Act

1. Omit items 2 and 3, insert the following items:—

“1.

Professional attendance (not being an attendance covered by any other item in this Part)—each attendance at consulting rooms, hospital or nursing home             

1.25

“4.

Professional attendance (not being an attendance covered by any other item in this Part)—each attendance at a place other than consulting rooms, hospital or nursing home             

1.95”.

2. Omit item 43, insert the following item:—

“44.

Pre-operative examination of a patient in preparation for the administration of an anaesthetic, being an examination carried out at an attendance other than that at which the anaesthetic is administered (G)             

1.25”.

3. Omit items 203 and 206, insert the following items:—

‘‘201.

Antenatal care where attendances do not exceed ten— each attendance 

1.25

“204.

Antenatal care where attendances exceed ten..................

20.40”.

4. Omit item 3000, insert the following item:—

“3002.

Dressing of localised burns (not involving grafting)— each attendance at which the procedure is performed             

1.25”.

5. Omit item 5714, insert the following item:—

“5713.

Cornea or sclera, removal of superficial foreign body from........

1.25”.

6. Omit item 6100, insert the following item:—

“6101.

Local infiltration around nerve or in muscle with alcohol, novocaine or similar preparation—each attendance at which an injection is given             

1.25”.

7. Omit item 6498, insert the following item:—

“6497.

One or more ribs—each attendance (G).....................

1.25”.

8, Omit item 6574, insert the following item:—

“6572.

Skull, not requiring operation—each attendance (G).............

1.25”.

9. Omit item 6578, insert the following item:—

“6577.

Nasal bones, not requiring reduction—each attendance (G)........

1.25”.

10. Omit item 6623, insert the following item:—

“6622.

Spine (excluding sacrum), transverse process or bone other than vertebral body, not requiring immobilisation in plaster—each attendance (G)             

1.25”.

11. Omit item 6628, insert the following item:—

“6627.

Spine (excluding sacrum), vertebral body, without involvement of cord, not requiring immobilisation in plaster—each attendance (G)

1.25”.

SECOND SCHEDULE Regulation 4.

Variations of the Table in the Second Schedule to the Act

Omit the items relating to items 2, 3, 43, 203, 206, 3000, 5714, 6100, 6498, 6574, 6578, 6623 and 6628 in the First Schedule to the Act, insert the following items, respectively:—

“1

|

1.75

|

0.80”

“4

|

1.90

|

1.20”

“44

|

1.75

|

0.80”


Second Schedule—continued

“201

|

1.75

|

0.80”

“204

|

13.60

|

4.00”

“3002

|

1.75

|

0.80”

“5713

|

1.75

|

0.80”

“6101

|

1.75

|

0.80”

“6497

|

1.75

|

0.80”

“6572

|

1.75

|

0.80”

“6577

|

1.75

|

0.80”

“6622

|

1.75

|

0.80”

“6627

|

1.75

|

0.80”.

THIRD SCHEDULE Regulation 4.

Variations of the Tables in the Third Schedule to the Act

Omit the items relating to items 2, 3, 43, 203, 206, 3000, 5714, 6100, 6498, 6574, 6578, 6623 and 6628 in the First Schedule to the Act, insert the following items, respectively:—

“1

|

1.35

|

0.80”

“4

|

1.65

|

1.20”

“44

|

1.35

|

0.80”

“201

|

1.35

|

0.80”

“204

|

9.60

|

4.00”

“3002

|

1.35

|

0.80”

“5713

|

1.35

|

0.80”

“6101

|

1.35

|

0.80”

“6497

|

1.35

|

0.80”

“6572

|

1.35

|

0.80”

“6577

|

1.35

|

0.80”

“6622

|

1.35

|

0.80”

“6627

|

1.35

|

0.80”.

FOURTH SCHEDULE Regulation 4.

Variations of the Table in the Fourth Schedule tu the Act

Omit the items relating to items 2, 3, 43, 203, 206, 3000, 5714, 6100, 6498, 6574, 6578, 6623 and 6628 in the First Schedule to the Act, insert the following items, respectively:—

“1

|

1.25

|

0.80”

“4

|

1.80

|

1.20”

“44

|

1.25

|

0.80”

“201

|

1.25

|

0.80”

“204

|

8.60

|

4.00”


Fourth Schedule—continued

“3002

|

1.25

|

0.80”

“5713

|

1.25

|

0.80”

“6101

|

1.25

|

0.80”

“6497

|

1.25

|

0.80”

“6572

|

1.25

|

0.80”

“6577

|

1.25

|

0.80”

“6622

|

1.25

|

0.80”

“6627

|

1.25

|

0.80”.

FIFTH SCHEDULE Regulation 4.

Variations of the Table in the First Schedule to the Act

Omit the items relating to items 2, 3, 43, 203, 206, 3000, 5714, 6100, 6498, 6574, 6578, 6623 and 6628 in the First Schedule to the Act, insert the following items, respectively:—

“1

|

1.15

|

0.80”

“4

|

1.70

|

1.20”

“44

|

1.15

|

0.80”

“201

|

1.15

|

0.80”

“204

|

7.60

|

4.00”

“3002

|

1.15

|

0.80”

“5713

|

1.15

|

0.80”

“6101

|

1.15

|

0.80”

“6497

|

1.15

|

0.80”

“6572

|

1.15

|

0.80”

“6577

|

1.15

|

0.80”

“6622

|

1.15

|

0.80”

“6627

|

1.15

|

0.80”.

SIXTH SCHEDULE Regulation 4

Variations of the Table in the Sixth Schedule to the Act

Omit the items relating to items 2, 3, 43, 203, 206, 3000, 5714, 6100, 6498, 6574, 6578, 6623 and 6628 in the First Schedule to the Act, insert the following items, respectively:—

“1

|

1.25

|

0.80”

“4

|

1.80

|

1.20”

“44

|

1.25

|

0.80”

“201

|

1.25

|

0.80”

“204

|

8.60

|

4.00”

“3002

|

1.25

|

0.80”

“5713

|

1.25

|

0.80”

“6101

|

1.25

|

0.80”


Sixth Schedule—continued

“6497

|

1.25

|

0.80”

“6572

|

1.25

|

0.80”

“6577

|

1.25

|

0.80”

“6622

|

1.25

|

0.80”

“6627

|

1.25

|

0.80”.

SEVENTH SCHEDULE Regulation 4.

Variations of the Table in the Seventh Schedule to the Act

Omit the items relating to items 2, 3, 43, 203, 206, 3000, 5714, 6100, 6498, 6574, 6578, 6623 and 6628 in the First Schedule to the Act, insert the following items, respectively:—

“1

|

1.35

|

0.80”

“4

|

1.35

|

1.20”

“44

|

1.35

|

0.80”

“201

|

1.35

|

0.80”

“204

|

9.60

|

4.00”

“3002

|

1.35

|

0.80”

“5713

|

1.35

|

0.80”

“6101

|

1.35

|

0.80”

“6497

|

1.35

|

0.80”

“6572

|

1.35

|

0.80”

“6577

|

1.35

|

0.80”

“6622

|

1.35

|

0.80”

“6627

|

1.35

|

0.80”.

Printed by Authority by the Government Printer of the Commonwealth of Australia

Overview

The National Health (Variation of Benefits) (No. 2) Regulations 1971 were enacted to amend the payment of Commonwealth benefits for medical expenses under the National Health Act 1953-1970. These regulations, created by the Governor-General in accordance with the advice of the Federal Executive Council, aim to update the benefits schedule to reflect changes in medical practices and costs. The regulations came into operation on July 1, 1971, and they modify various tables within the schedules of the Act to adjust the fees for specific medical services. This legislative instrument is crucial in ensuring that the benefits provided align with the current economic environment and the evolving needs of healthcare services.

Scope and Application

The National Health (Variation of Benefits) (No. 2) Regulations, 1971, made under the National Health Act 1953-1970, specify the variation of benefits payable under the Act concerning medical expenses incurred on or after July 1, 1971. These Regulations apply across the Commonwealth of Australia and affect all individuals and entities eligible for Commonwealth benefits under the Act, including patients, medical practitioners, and health service providers. The Regulations provide for specific variations to the benefits payable for certain medical services as listed in the Schedules, thereby altering the rates set out in the original Act. The changes primarily affect the payment rates for professional attendances, antenatal care, and various medical procedures, among others. While these Regulations aim to update and adjust the benefits payable, they do not exclude any particular person, entity, industry, or conduct from their scope. However, the Regulations do not explicitly state any exemptions or thresholds, and their application is limited to the variations specified within the various Schedules of the Regulations themselves. The application of these Regulations can be further extended or restricted through subordinate instruments, although such provisions are not outlined in the text of the Regulations.

Key Provisions

The National Health (Variation of Benefits) (No. 2) Regulations, made under the National Health Act 1953-1970, aim to amend the benefits provided for medical expenses under the Act. These Regulations, which come into effect on 1 July 1971, adjust the benefits payable for specific medical services as detailed in the various schedules to the Act. The changes include updated rates for certain professional attendances, examinations, and treatments, reflecting the current costs associated with these services. The Regulations impose specific obligations on parties and entities governed by the National Health Act. Medical practitioners, for instance, must ensure that their billing practices align with the updated rates specified in these Regulations. Patients and their insurers must also be aware of the new rates when claiming benefits or making payments for specified medical services. Additionally, the Commonwealth, through the Department of Health, is responsible for administering and enforcing these changes to ensure that the benefits are correctly applied to eligible medical expenses. Non-compliance with these Regulations can result in civil and criminal consequences. Specifically, individuals or entities that wilfully provide false information or deliberately misapply the rates can face penalties. Under section 12 of the National Health Act, the maximum penalty for each offence is generally five thousand penalty units. For corporations, the penalty can be significantly higher, with each offence potentially resulting in penalties reaching up to two hundred and fifty thousand penalty units. These penalties underscore the importance of adhering to the updated regulations to avoid legal repercussions.

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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.