EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 428
ISSUED BY AUTHORITY OF THE MINISTER FOR HEALTH NURSING HOMES ASSISTANCE ACT 1974
NURSING HOMES ASSISTANCE REGULATIONS (AMENDMENT)
Section 37 of the Nursing Homes Assistance Act 1974 (‘the Act’) provides that the Governor-General may make regulations prescribing all matters required or permitted by the Act to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Sub-section 12(1) of the Act provides that the Commonwealth and the proprietor of a nursing home approved under the Act may enter into an agreement under which the Commonwealth meets any approved operating deficit incurred by the home in a financial year or other period. Sub-section 13(1) of the Act requires that provisions be included in such an agreement between the Commonwealth and the proprietor of a nursing home whereby the proprietor of the nursing home is required to charge the fees referred to in that sub-section for nursing home care and other services provided to qualified nursing home patients in the nursing home.
Paragraph 13(1)(d) of the Act provides for the prescription of the fees to be charged to nursing home patients in nursing homes approved under the Act where the patient has received, has established his right to receive, or may be entitled to receive, a payment by way of compensation or damages under a law of a State or Territory. Fees for the purposes of paragraph 13(1)(d) are prescribed in Regulation 6 of the Nursing Homes Assistance Regulations in respect of extensive care patients and ordinary care patients. These fees are determined in part by reference to the current rates of Commonwealth benefit for nursing home care prescribed in the National Health Regulations in respect of each State or Territory for the purposes of sub-section 47(1) of the National Health Act 1953.
The increase in the rate of Commonwealth benefit for nursing home care prescribed in respect of Western Australia from 15 December 1984 has required corresponding increases in the fees prescribed under paragraph 13(1)(d) of the Act in respect of that State from that date. The regulations therefore amend Regulation 6 of the Nursing Homes Assistance Regulations to increase the fees prescribed in respect of Western
Australia from $282.10 to $310.10 per week for ordinary care patients, and from $324.10 to 352.10 per week for extensive care patients.
The regulations came into operation on 15 December 1984.