Statutory Rules
1976 No. 20
REGULATIONS UNDER THE NATIONAL HEALTH ACT 1953-1975.*
I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the National Health Act 1953-1975.
Dated this thirtieth day of January, 1976.
A. R. CUTLER
Administrator.
By His Excellency’s Command,
RALPH J. HUNT
Minister of State for Health.
________
NATIONAL HEALTH (VARIATION OF NURSING HOME BENEFITS) (No. 4) REGULATIONS
Citation.
1. These Regulations may be cited as the National Health (Variation of Nursing Home Benefits) (No. 4) Regulations.
Commencement.
2. These Regulations shall come into operation on 1 February 1976.
Variation of amounts in the table of nursing home benefits in the Eighth Schedule to the National Health Act.
3. The National Health Act 1953-1975 shall have effect as if the table in the Eighth Schedule to that Act were varied—
(a) by substituting the amount of $5.70 for the amount of $4.35 set out in item 1 in that table;
(b) by substituting the amount of $9.15 for the amount of $7.80 set out in item 2 in that table;
(c) by substituting the amount of $6.15 for the amount of $4.80 set out in item 3 in that table;
(d) by substituting the amount of $9.15 for the amount of $7.80 set out in item 4 in that table;
(e) by substituting the amount of $5.55 for the amount of $4.20 set out in item 5 in that table;
(f) by substituting the amount of $7.75 for the amount of $6.40 set out in item 6 in that table;
(g) by substituting the amount of $5.70 for the amount of $4.35 set out in item 7 in that table; and
(h) by substituting the amount of $9.15 for the amount of $7.80 set out in item 8 in that table.
* Notified in the Australian Government Gazette on 30 January 1976.
Overview
The National Health (Variation of Nursing Home Benefits) (No. 4) Regulations, enacted in 1976, were introduced to address the need for adjustments in the nursing home benefits outlined in the National Health Act 1953-1975. This legislative instrument was made by the Administrator of the Government of the Commonwealth of Australia, acting on advice from the Executive Council, and it was designed to vary specific amounts in the table of nursing home benefits listed in the Eighth Schedule of the Act. These regulations came into effect on 1 February 1976 and were intended to ensure that the benefits provided under the National Health Act remained current and reflective of the changing needs and circumstances of nursing home residents. The policy objective behind these variations was to provide appropriate financial support to nursing homes, thereby ensuring the continued availability of quality care for those in need.
Scope and Application
The National Health (Variation of Nursing Home Benefits) (No. 4) Regulations 1976, made under the National Health Act 1953-1975, apply to the variation of nursing home benefits as listed in the Eighth Schedule of the National Health Act. These regulations come into effect on 1 February 1976 and are designed to adjust the financial benefits provided to nursing homes under the national health scheme. The scope of the regulations encompasses the specified changes to the table of nursing home benefits, directly impacting the amounts payable to nursing homes for services rendered to beneficiaries. This adjustment applies across the Commonwealth of Australia, as the National Health Act operates on a national level. The regulations do not specify any exclusions or exemptions; however, they implicitly exclude other healthcare services not listed in the Eighth Schedule. The application of these regulations is direct, with no reliance on subordinate instruments for further specification or extension of their scope.
Key Provisions
The main operative sections of these Regulations (National Health (Variation of Nursing Home Benefits) (No. 4) Regulations) are contained in section 3, which specifies the variations to the amounts listed in the table of nursing home benefits in the Eighth Schedule to the National Health Act 1953-1975. Section 3 outlines specific monetary adjustments to each item in the table, replacing the previous amounts with new ones effective from the date these Regulations come into operation. Section 1 provides the Regulations with a formal title, while section 2 specifies the commencement date, which is 1 February 1976.
The Regulations impose obligations on the entities governed by the National Health Act 1953-1975, particularly those related to the provision of nursing home benefits. These obligations include ensuring that the updated benefit amounts as specified in section 3 are applied in accordance with the Act. Nursing homes and other relevant entities must adhere to these new monetary provisions when providing services and calculating payments under the Act.
In terms of consequences for non-compliance, the Regulations do not explicitly detail offences, penalties, or civil/criminal consequences within the provided text. However, under the broader framework of the National Health Act 1953-1975, failure to comply with the Act's provisions can result in penalties. Such penalties may include fines or other sanctions, as determined by the relevant authorities. The specific penalties for non-compliance with the updated nursing home benefits would typically be outlined in the National Health Act or subsequent regulations, which are not detailed in the provided excerpt.