National Health (Variation of Benefits) (No. 9) Regulations

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1973 No. 158

REGULATIONS UNDER THE NATIONAL HEALTH ACT 1953-1973.*

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the National Health Act 1953-1973.

Dated this twenty-third day of August, 1973.

PAUL HASLUCK

Governor-General.

By His Excellency’s Command,

W. G. HAYDEN

Minister of State for Social Security.

NATIONAL HEALTH (VARIATION OF BENEFITS) (No. 9) REGULATIONS

Citation.

1. These Regulations may be cited as the National Health (Variation of Benefits) (No. 9) Regulations.

Commencement.

2. These Regulations shall come into operation on 1st September, 1973.

Definition.

3. In these Regulations, “ the Act ” means the National Health Act 1953-1973.

Variation of First Schedule to the Act.

4. The Act shall have effect as if the table in the First Schedule to the Act were varied as set out in Schedule 1 to these Regulations.

Variation of Second Schedule to the Act.

5. The Act shall have effect as if the table in the Second Schedule to the Act were varied as set out in Schedule 2 to these Regulations.

Variation of Third Schedule to the Act.

6. The Act shall have effect as if the table in the Third Schedule to the Act were varied as set out in Schedule 3 to these Regulations.

Variation of Fourth Schedule to the Act.

7. The Act shall have effect as if the table in the Fourth Schedule to the Act were varied as set out in Schedule 4 to these Regulations.

Variation of Fifth Schedule to the Act.

8. The Act shall have effect as if the table in the Fifth Schedule to the Act were varied as set out in Schedule 5 to these Regulations.

* Notified in the Australian Government Gazette on 24 August 1973.

Variation of Sixth Schedule to the Act.

9. The Act shall have effect as if the table in the Sixth Schedule to the Act were varied as set out in Schedule 6 to these Regulations.

Variation of Seventh Schedule to the Act.

10. The Act shall have effect as if the table in the Seventh Schedule to the Act were varied as set out in Schedule 7 to these Regulations.

SCHEDULE 1 Regulation 4

Variation of the Table in the First Schedule to the Act

1. Omit items 5, 6, 9,11, 13, 15, 17, 18, 37, 38, 39, 40, 42 and 45.

2. Insert each of the following items in the appropriate place in Part I of the table having regard to the number specified in the first column:—

“ 7	Professional attendance (not being an attendance covered by any other item in this Part)—each attendance at consulting rooms, hospital or nursing home	1.45 ”
“ 8	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	2.35 ”
“ 16	Professional attendance by a specialist in the practice of his specialty where the patient is referred to him—an attendance (other than a second or subsequent attendance in a single course of treatment) where that attendance is at consulting rooms, hospital or nursing home	4.25 ”
“ 20	Professional attendance by a specialist in the practice of his specialty where the patient is referred to him—an attendance (other than a second or subsequent attendance in a single course of treatment) where that attendance is at a place other than consulting rooms, hospital or nursing home .	6.50 ”
“ 30	Professional attendance by a specialist in the practice of his specialty where the patient is referred to him—each attendance that is a second or subsequent attendance in a single course of treatment ..	2.00 ”
“ 32	Professional attendance by a consultant physician in the practice of his specialty where the patient is referred to him by a medical practitioner—an attendance (other than a second or subsequent attendance in a single course of treatment) where that attendance is at consulting rooms, hospital or nursing home	8.00 ”
“ 34	Professional attendance by a consultant physician in the practice of his specialty where the patient is referred to him by a medical practitioner—an attendance (other than a second or subsequent attendance in a single course of treatment) where that attendance is at a place other than consulting rooms, hospital or nursing home	10.00 ”
“ 46	Professional attendance by a consultant physician in the practice of his specialty where the patient is referred to him by a medical practitioner—each attendance that is a second or subsequent attendance in a single course of treatment	3.25 ”
“ 48	Prolonged professional attendance, for not less than two hours but less than three hours, on a patient in a critical condition arising from electric shock, drowning, caisson disease, tetanus, respiratory or circulatory failure or involving resuscitation of the new born, that requires constant attention to the exclusion of all other patients	8.50 ”

Schedule 1—continued

“ 50	Prolonged professional attendance, for a period of not less than three hours but less than four hours, in the circumstances referred to in item 48	13.00 ”
“ 52	Prolonged professional attendance, for a period of not less than four hours but less than five hours, in the circumstances referred to in item 48	17.00 ”
“ 54	Prolonged professional attendance, for a period of five hours or more, in the circumstances referred to in item 48	22.50 ”
“ 58	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)	1.45 ”
“ 60	Pre-operative examination of a patient in preparation for the administration or an anaesthetic, being an examination carried out at an attendance other than that at which the anaesthetic is administered (S)	2.00 ”.

SCHEDULE 2 Regulation 5

Variations or the Table in the Second Schedule to the Act

1. Omit the items relating to items 5, 6, 9, 11, 13, 15, 17, 18, 37, 38, 39, 40, 42 and 45.

2. Insert each of the following items in the appropriate place in the table having regard to the number specified in the first column:—

“ 7	2.15	0.80 ”
“ 8	2.45	1.20 ”
“ 16	5.35	2.50 ”
“ 20	8.10	3.00 ”
“ 30	2.60	1.50 ”
“ 32	11.00	3.00 ”
“ 34	14.50	3.00 ”
“ 46	4.65	1.50 ”
“ 48	10.50	3.00 ”
“ 50	16.00	4.00 ”
“ 52	21.50	5.00 ”
“ 54	27.50	5.00 ”
“ 58	2.15	0.80 ”
“ 60	2.00	1.50 ”.

SCHEDULE 3 Regulation 6

Variations of the Table in the Third Schedule to the Act

1. Omit the items relating to items 5, 6, 9, 11, 13, 15, 17, 18, 37, 38, 39, 40, 42 and 45.

2. Insert each of the following items in the appropriate place in the table having regard to the number specified in the first column:—

“ 7	1.75	0.80 ”
“ 8	2.25	1.20 ”
“ 16	5.25	1.50 ”
“ 20	8.00	2.00 ”
“ 30	3.10	1.00 ”
“ 32	9.80	2.00 ”

Schedule 3—continued

“ 34	12.30	3.00 ”
“ 46	4.05	1.00 ”
“ 48	10.50	3.00 ”
“ 50	16.00	4.00 ”
“ 52	21.50	5.00 ”
“ 54	27.50	5.00 ”
“ 58	1.75	0.80 ”
“ 60	2.20	0.80 ”.

SCHEDULE 4 Regulation 7

Variations of the Table in the Fourth Schedule to the Act

1. Omit the items relating to items 5, 6, 9, 11, 13, 15, 17, 18, 37, 38, 39, 40, 42 and 45.

2. Insert each of the following items in the appropriate place in the table having regard to the number specified in the first column:—

“ 7	1.65	0.80 ”
“ 8	2.35	1.20 ”
“ 16	5.25	1.50 ”
“ 20	8.00	2.00 ”
“ 30	2.50	1.00 ”
“ 32	9.80	2.00 ”
“ 34	12.30	3.00 ”
“ 46	4.05	1.00 ”
“ 48	10.50	3.00 ”
“ 50	16.00	4.00 ”
“ 52	21.50	5-00 ”
“ 54	27.50	5.00 ”
“ 58	1.65	0.80 ”
“ 60	2.50	1.00 ”.

SCHEDULE 5 Regulation 8

Variations of the Table in the Fifth Schedule to the Act

1. Omit the items relating to items 5, 6, 9, 11, 13, 15, 17, 18, 37, 38, 39, 40, 42 and 45.

2. Insert each of the following items in the appropriate place in the table having regard to the number specified in the first column:—

“ 7	1.55	0.80 ”
“ 8	2.25	1.20 ”
“ 16	5.25	1.50 ”
“ 20	8.00	2.00 ”
“ 30	2.50	1.00 ”
“ 32	9.80	2.00 ”
“ 34	12.30	3.00 ”
“ 46	4.05	1.00 ”
“ 48	10.50	3.00 ”
“ 50	16.00	4.00 ”

Schedule 5—continued

“ 52	21.50	5.00 ”
“ 54	27.50	5.00 ”
“ 58	1.55	0.80 ”
“ 60	2.20	0.80 ”.

SCHEDULE 6 Regulation 9

Variations of the Table in the Sixth Schedule to the Act

1. Omit the items relating to items 5, 6, 9, 11, 13, 15, 17, 18, 37, 38, 39, 40, 42 and 45.

2. Insert each of the following items in the appropriate place in the table having regard to the number specified in the first column:—

“ 7	1.65	0.80 ”
“ 8	2.35	1.20 ”
“ 16	4.15	1.00 ”
“ 20	6.90	1.50 ”
“ 30	2.50	1.00 ”
“ 32	9.80	2.00 ”
“ 34	12.30	3.00 ”
“ 46	4.05	1.00 ”
“ 48	10.50	3.00 ”
“ 50	16.00	4.00 ”
“ 52	21.50	5.00 ”
“ 54	27.50	5.00 ”
“ 58	1.65	0.80 ”
“ 60	2.50	1.00 ”.

SCHEDULE 7 Regulation 10

Variations of the Table in the Seventh Schedule to the Act

1. Omit the items relating to items 5, 6, 9, 11, 13, 15, 17, 18, 37, 38, 39, 40, 42 and 45.

2. Insert each of the following items in the appropriate place in the table having regard to the number specified in the first column:—

“ 7	1.75	0.80 ”
“ 8	1.85	1.20 ”
“ 16	3.55	1.00 ”
“ 20	6.30	1.50 ”
“ 30	2.50	1.00 ”
“ 32	6.50	2.00 ”
“ 34	9.00	3.00 ”
“ 46	2.95	1.00 ”
“ 48	10.50	3.00 ”
“ 50	16.00	4.00 ”
“ 52	21.50	5.00 ”
“ 54	27.50	5.00 ”
“ 58	1.75	0.80 ”
“ 60	1.60	0.80 ”.

Overview

The National Health (Variation of Benefits) (No. 9) Regulations 1973, made under the National Health Act 1953, were introduced to update the benefits and fees payable under the Act for various medical services. These regulations were enacted by the Governor-General, acting on the advice of the Executive Council. The regulations aimed to adjust the fees for medical services to reflect changes in the cost of providing healthcare and to ensure that the benefits provided under the Act were current and appropriate. The regulations came into effect on 1 September 1973 and involved varying the fees listed in the schedules of the National Health Act, omitting certain items and inserting new items to reflect the updated fees.

Scope and Application

The National Health (Variation of Benefits) (No. 9) Regulations, made under the National Health Act 1953-1973, apply to the variation of benefits specified in the schedules of the Act. These Regulations affect the financial benefits provided under the Act, impacting medical practitioners and patients who utilise the Medicare benefits scheme. They are applicable across Australia, as they are federal regulations. The Regulations do not explicitly state any exclusions, exemptions, or thresholds, but the variations are specific to the items listed in the schedules. The application of these Regulations is further defined and potentially extended through subordinate instruments, which may provide additional details or amendments to the benefits outlined in the schedules.

Key Provisions

The National Health (Variation of Benefits) (No. 9) Regulations, enacted under the National Health Act 1953-1973, primarily aim to modify the benefits listed in the various schedules of the Act. Regulation 4 of the Regulations alters the First Schedule by omitting certain items and inserting new ones, specifically concerning professional attendances and prolonged professional attendances in various medical circumstances. Similarly, Regulations 5 through 10 modify the Second, Third, Fourth, Fifth, Sixth, and Seventh Schedules, adjusting the listed benefits for services rendered, such as examinations and specialist consultations. These amendments dictate the new rates at which services will be compensated under the Act. These Regulations impose specific obligations on the parties governed by the National Health Act, particularly medical practitioners and healthcare providers. They must now adhere to the updated schedules, ensuring that the benefits and fees for services rendered are consistent with the new provisions. This includes accurately documenting and billing for services based on the revised rates and descriptions in the amended schedules. Failure to comply with these Regulations may result in various civil or criminal consequences. Although the specific penalties are not detailed within the text of the Regulations themselves, breaches of the National Health Act or its subsidiary regulations could lead to fines or other legal repercussions under the broader legislative framework. Practitioners and entities must ensure strict adherence to the updated schedules to avoid any potential enforcement actions or penalties.

Area of Law: Health Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Commencement Provisions; Regulatory Standards

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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.

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