Statutory Rules
1976 No. 268
REGULATIONS UNDER THE NATIONAL HEALTH ACT 1953.*
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the National Health Act 1953.
Dated this ninth day of November, 1976.
John R. Kerr
Governor-General.
By His Excellency’s Command,
Minister of State for Health.
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NATIONAL HEALTH (VARIATION OF NURSING HOME BENEFITS) (No. 5) REGULATIONS
Citation.
1. These Regulations may be cited as the National Health (Variation of Nursing Home Benefits) (No. 5) Regulations.
Commencement.
2. These Regulations shall come into operation on 15 December 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 shall have effect as if the table in the Eighth Schedule to that Act were varied—
(a) by substituting the amount of $7.70 for the amount of $5.70 set out in item 1 in that table;
(b) by substituting the amount of $11.15 for the amount of $9.15 set out in item 2 in that table;
(c) by substituting the amount of $8.15 for the amount of $6.15 set out in item 3 in that table;
(d) by substituting the amount of $11.15 for the amount of $9.15 set out in item 4 in that table;
(e) by substituting the amount of $7.55 for the amount of $5.55 set out in item 5 in that table;
(f) by substituting the amount of $9.75 for the amount of $7.75 set out in item 6 in that table;
(g) by substituting the amount of $7.70 for the amount of $5.70 set out in item 7 in that table; and
(h) by substituting the amount of $11.15 for the amount of $9.15 set out in item 8 in that table.
* Notified in the Australian Government Gazette on 14 December 1976.
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Printed by Authority by the Government Printer of Australia
17230/76—Recommended retail price 10c 6/1.12.1976
Overview
The National Health (Variation of Nursing Home Benefits) (No. 5) Regulations were made under the authority of the National Health Act 1953. Enacted in 1976 by the Governor-General of the Commonwealth of Australia, these regulations were designed to adjust the benefits payable for nursing home care under the Eighth Schedule to the Act. The key objective was to address the need for periodic revisions to the amounts listed in the table of nursing home benefits to reflect changes in the cost of providing such care, thereby ensuring that the benefits remained commensurate with the actual expenses incurred. These regulations came into effect on 15 December 1976, providing an update to the financial support provided to nursing home patients by increasing the specified benefit amounts for various categories of care.
Scope and Application
The National Health (Variation of Nursing Home Benefits) (No. 5) Regulations, made under the National Health Act 1953, apply to the variation of amounts specified in the table of nursing home benefits as outlined in the Eighth Schedule of the Act. These regulations specifically affect the monetary benefits that are payable to nursing homes as part of the national health scheme. The application is limited to the adjustment of specified benefit rates listed in the table, and does not extend to other aspects of nursing home operations or benefits not covered in the Eighth Schedule. The regulations came into operation on 15 December 1976, and their application is confined to the Commonwealth of Australia, thereby impacting nursing homes across the nation. There are no stated exclusions or exemptions within these regulations, but the changes are restricted to the particular benefit amounts listed. The scope of these regulations is further extended or may be modified through subordinate instruments, which may provide additional details or clarifications on the implementation and application of the specified benefit variations.
Key Provisions
The National Health (Variation of Nursing Home Benefits) (No. 5) Regulations (1976) introduce amendments to the table of nursing home benefits specified in the Eighth Schedule to the National Health Act 1953. These amendments, which come into effect on 15 December 1976, adjust the benefit amounts for various categories of nursing home care. Specifically, the Regulations modify the amounts set out in items 1 to 8 of the table (section 3). For example, item 1 now provides for a benefit of $7.70, up from $5.70, and item 2 now provides for a benefit of $11.15, up from $9.15.
The Regulations impose obligations on parties and entities involved in the provision of nursing home care, particularly those receiving benefits under the National Health Act 1953. These obligations include ensuring that the updated benefit amounts are correctly applied and reflected in any relevant claims or payments. Nursing homes and related service providers must adjust their billing and documentation practices to comply with the new rates specified in the Regulations. Additionally, the Department of Health and Aged Care, or its relevant successor, must oversee the implementation and adherence to these new benefit levels.
Failure to comply with the provisions of these Regulations may result in legal consequences. While the Regulations themselves do not explicitly outline offences or penalties, breaches of the National Health Act 1953, of which these Regulations are a part, can lead to enforcement actions. Such actions may include fines, corrective orders, or other administrative penalties as provided by the Act. The penalties for non-compliance can be significant, reflecting the importance of accurate and timely application of the specified benefit amounts. The exact penalties would be determined in accordance with the provisions of the overarching Act.