Statutory Rules
1974 No. 210
REGULATIONS UNDER THE NATIONAL HEALTH ACT 1953-1974.*
I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the National Health Act 1953-1974.
Dated this twenty-eighth day of October, 1974.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
W. G. HAYDEN
Minister of State for Social Security.
__________
NATIONAL HEALTH (VARIATION OF NURSING HOME BENEFITS) (No. 3) REGULATIONS
Citation.
1. These Regulations may be cited as the National Health (Variation of Nursing Home Benefits) (No. 3) Regulations.
Repeal.
2. The National Health (Variation of Nursing Home Benefits) (No. 2) Regulations, being Statutory Rules 1974, No. 195, are repealed.
Variation of amounts in the table of nursing home benefits in the Eighth Schedule to the National Health Act.
3. The National Health Act 1953-1974 shall have effect as if the Table in the Eighth Schedule to that Act were varied—
(a) by substituting the amount of $4.35 for the amount set out in item 1 in that Table;
(b) by substituting the amount of $7.80 for the amount set out in item 2 in that Table;
(c) by substituting the amount of $4.80 for the amount set out in item 3 in that Table;
(d) by substituting the amount of $7.80 for the amount set out in item 4 in that Table;
(e) by substituting the amount of $4.20 for the amount set out in item 5 in that Table;
(f) by substituting the amount of $6.40 for the amount set out in item 6 in that Table;
(g) by substituting the amount of $4.35 for the amount set out in item 7 in that Table; and
(h) by substituting the amount of $7.80 for the amount set out in item 8 in that Table.
* Notified in the Australian Government Gazette on 29 October 1974.
Overview
The National Health (Variation of Nursing Home Benefits) (No. 3) Regulations 1974 were made under the authority of the National Health Act 1953-1974 to adjust the nursing home benefits listed in the Eighth Schedule to the Act. Enacted by the Governor-General, acting on the advice of the Executive Council, these Regulations were published in Statutory Rules 1974 No. 210 and came into effect on 29 October 1974. The primary purpose of these Regulations was to update the nursing home benefit amounts to reflect changing economic conditions and healthcare needs. They repealed the earlier National Health (Variation of Nursing Home Benefits) (No. 2) Regulations 1974 and established new amounts for nursing home benefits across various categories, ensuring that the benefits remained current and adequate for the needs of the recipients.
Scope and Application
The National Health (Variation of Nursing Home Benefits) (No. 3) Regulations 1974 pertain specifically to the variation of nursing home benefits under the National Health Act 1953-1974, impacting those entities and individuals who receive benefits as defined by the Eighth Schedule of the Act. These regulations are applicable across the Commonwealth of Australia, reflecting the overarching jurisdiction of the Act itself. The primary effect of these regulations is to alter the financial benefits specified in the Eighth Schedule for nursing home care, replacing previously set amounts with new figures. This change is intended to reflect updated financial realities or policy adjustments within the healthcare sector. Notably, these regulations supersede the preceding National Health (Variation of Nursing Home Benefits) (No. 2) Regulations 1974, thereby ensuring that the most recent amendments are in effect. The new rates, detailed in the table of the Eighth Schedule, are intended to be applied uniformly across the Commonwealth, thus standardising the benefits provided to nursing home recipients nationwide.
Key Provisions
The primary operative sections of the National Health (Variation of Nursing Home Benefits) (No. 3) Regulations are sections 3 and 4, which detail the specific amendments to the nursing home benefits listed in the Eighth Schedule of the National Health Act 1953-1974. Section 3 specifies the new amounts for various items in the table of nursing home benefits, replacing the previous figures with new rates, such as substituting $4.35 for the amount in item 1 and $7.80 for the amount in item 2, among other changes. Section 4 ensures the repeal of the preceding National Health (Variation of Nursing Home Benefits) (No. 2) Regulations, which were Statutory Rules 1974, No. 195, to ensure that the new rates established by these Regulations take precedence.
The obligations and requirements imposed by these Regulations primarily involve the accurate adjustment and application of the new nursing home benefit amounts as outlined in the amended table. Nursing homes and related entities must ensure that they adhere to the new rates specified in the Regulations when claiming benefits under the National Health Act. This includes updating their records, documentation, and billing practices to reflect the changes. Additionally, any parties involved in the administration or oversight of nursing home benefits must ensure that the new rates are correctly implemented and communicated to all relevant stakeholders.
In terms of consequences for non-compliance, the Regulations themselves do not explicitly detail offences, penalties, or civil or criminal consequences for breach. However, breaches of the National Health Act 1953-1974 or its regulations can potentially result in civil or criminal penalties. For instance, under section 11 of the National Health Act, any person who contravenes a provision of the Act or its regulations can be subject to a penalty, which may include fines up to $132,000 for individuals and $660,000 for bodies corporate, as per the Crimes Act 1914. Furthermore, repeated or serious breaches could lead to further legal consequences, including potential prosecutions and court orders to rectify the non-compliance.