Statutory Rules
1974 No. 127
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 July, 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) REGULATIONS
Citation.
1. These Regulations may be cited as the National Health (Variation of Nursing Home Benefits) Regulations.
Commencement.
2. These Regulations shall come into operation on 1 August 1974.
Variation of amounts in the Table or nursing home benefits in the Eighth Schedule to the National Health Act.
3. The National Health Act 1953-1973 shall have effect as if the Table in the Eighth Schedule to that Act were varied—
(a) by substituting the amount of $4.00 for the amount of $1.50 set out in item 1 in that Table;
(b) by substituting the amount of $7.35 for the amount of $3.20 set out in item 2 in that Table;
(c) by substituting the amount of $2.30 for the amount of $1.50 set out in item 3 in that Table;
(d) by substituting the amount of $5.85 for the amount of $2.00 set out in item 4 in that Table;
(e) by substituting the amount of $2.80 for the amount of $1.60 set out in item 5 in that Table;
(f) by substituting the amount of $3.10 for the amount of $1.50 set out in item 6 in that Table;
(g) by substituting the amount of $4.00 for the amount of $1.50 set out in item 7 in that Table; and
(h) by substituting the amount of $5.85 for the amount of $2.00 set out in item 8 in that Table.
*Notified in the Australian Government Gazette on 30 July l974.
Overview
Statutory Rules 1974 No. 127, known as the National Health (Variation of Nursing Home Benefits) Regulations, was enacted in 1974 under the National Health Act 1953-1973. These regulations were introduced to address the need for updating the nursing home benefits outlined in the Eighth Schedule of the National Health Act. The enacting body was the Australian Government, with the Governor-General making the regulations by His Excellency’s Command, as advised by the Executive Council. The policy objective of these regulations was to adjust the financial benefits provided to nursing homes to reflect changing circumstances and better support the nursing home sector, thereby improving the quality of care provided to patients. These regulations came into operation on 1 August 1974 and involved varying the amounts specified in the Table of the Eighth Schedule to better align with the costs and needs of the time.
Scope and Application
The National Health (Variation of Nursing Home Benefits) Regulations 1974, made under the authority of the National Health Act 1953-1973, adjust the amounts payable for nursing home benefits listed in the Eighth Schedule of the Act. These Regulations apply to entities and individuals involved in the provision of nursing home services, including nursing home operators and patients who are eligible for benefits under the National Health Act. Geographically, the regulations extend across the Commonwealth of Australia, ensuring a consistent application of nursing home benefit variations nationwide. The regulations do not specify any exclusions or exemptions but instead focus on updating the financial parameters for nursing home benefits. The changes are explicitly stated within the Regulations themselves, with no additional extensions or restrictions applied through subordinate instruments. The Regulations came into effect on 1 August 1974, and their purpose is solely to revise the monetary values in the Table of the Eighth Schedule to reflect updated benefit amounts.
Key Provisions
The National Health (Variation of Nursing Home Benefits) Regulations (C1974L00127) amend the amounts specified in the Table of the Eighth Schedule to the National Health Act 1953-1973. Specifically, Regulation 3 makes several adjustments to the nursing home benefit amounts listed in the Table, altering the rates for different levels of care. These changes include increasing the daily benefit amount for items such as basic nursing care, intermediate care, and special care, as detailed in items 1 through 8 of the Table.
These Regulations impose specific obligations on entities governed by the National Health Act 1953-1973, particularly those providing nursing home services. The entities must ensure compliance with the updated benefit amounts stipulated in the Regulations. This means that nursing homes and other providers of nursing care must adjust their billing practices to reflect the new rates set out in Regulation 3. Additionally, the Department of Health and relevant authorities must oversee the implementation of these changes, ensuring that all nursing homes adhere to the new benefit amounts.
Breaching the requirements of these Regulations can result in various consequences. While the Regulations themselves do not explicitly outline specific offences or penalties, contraventions of the National Health Act 1953-1973 could lead to civil or criminal penalties. Under the Act, penalties may include fines and other sanctions, which are determined by the severity of the breach and in accordance with the relevant provisions of the Act. The maximum penalties for breaches of the Act can vary, but they may include substantial fines for both individuals and corporations found to be in non-compliance with the legislative requirements.