Statutory Rules
1975 No. 206
REGULATIONS UNDER THE NURSING HOMES ASSISTANCE ACT 1974.*
I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Nursing Homes Assistance Act 1974.
Dated this sixth day of November, 1975.
John R. Kerr
Governor-General.
By His Excellency's Command,
Minister of State for Social Security.
__________
Amendments of the Nursing Homes Assistance Regulations†
Commencement.
1. These Regulations shall come into operation on 13 November 1975.
2. Regulation 5a of the Nursing Homes Assistance Regulations is repealed and the following regulation substituted:—
Prescribed rate for the purposes of paragraph 13 (1) (a) of the Act.
“ 5a. The rate of $39.75 per week is prescribed for the purposes of paragraph 13 (1) (a) of the Act.”.
Rate for the purposes of paragraph 13 (1) (d) of the Act.
3. Regulation 6 of the Nursing Homes Assistance Regulations is amended by omitting the table and substituting the following table:—
Column 1 | Column 2 |
State or Territory | Rate per week |
| $ |
New South Wales.................................................. | 105.70 |
Victoria........................................................ | 118.65 |
Queensland ..................................................... | 105.70 |
South Australia ................................................... | 118.65 |
Western Australia ................................................. | 105.70 |
Tasmania ....................................................... | 108.85 |
Australian Capital Territory ........................................... | 105.70 |
Northern Territory ................................................. | 118.65 |
* Notified in the Australian Government Gazette on 10 November 1975.
† Statutory Rules 1975, No. 65, as amended by Statutory Rules 1975, Nos. 67 and 166 and 205.
Printed by Authority by the Government Printer of Australia
17383/75—Recommended retail price 5c. 10/30.10.1975
Overview
The Nursing Homes Assistance Regulations 1975, established under the Nursing Homes Assistance Act 1974, were enacted to provide a regulatory framework that ensures nursing homes provide quality care for their residents. The Act was introduced to address the need for consistent standards and financial support for nursing homes, which are essential for the well-being of elderly and infirm individuals who require professional care. These regulations were made by the Governor-General, acting on the advice of the Executive Council, and aim to set forth the rates and conditions for nursing home assistance, thereby ensuring that nursing homes receive adequate funding to deliver necessary care services. The policy objective is to maintain and enhance the quality of care provided in nursing homes across Australia, ensuring that residents receive appropriate support in a safe and nurturing environment.
Scope and Application
The Nursing Homes Assistance Regulations 1975, made under the Nursing Homes Assistance Act 1974, apply to nursing homes and their residents in Australia, aiming to provide financial assistance to nursing homes for the care of eligible residents. These regulations apply across all states and territories of Australia, including New South Wales, Victoria, Queensland, South Australia, Western Australia, Tasmania, the Australian Capital Territory, and the Northern Territory, each of which have prescribed rates of assistance per week as specified in the regulations. The rates vary by jurisdiction to account for differing living costs and are subject to amendments as required. These regulations do not explicitly exclude any particular persons or entities, but their application is inherently tied to the eligibility criteria defined in the overarching Act. The regulations also allow for the adjustment of assistance rates through subordinate instruments, which can be implemented to respond to economic changes or other factors affecting the cost of nursing home care.
Key Provisions
The Nursing Homes Assistance Regulations 1975, made under the Nursing Homes Assistance Act 1974, set forth specific financial provisions for nursing home assistance. Regulation 5a specifies the prescribed rate of $39.75 per week for the purposes outlined in paragraph 13(1)(a) of the Act. Furthermore, Regulation 6 sets the rates for nursing home assistance in different states and territories, with each state or territory having a specified weekly rate. For instance, New South Wales and Western Australia have a rate of $105.70 per week, while Victoria and South Australia have a rate of $118.65 per week. Tasmania is set at $108.85 per week, and the Australian Capital Territory and Northern Territory are set at $105.70 and $118.65 per week, respectively.
These regulations impose specific financial obligations on nursing homes and the government. Nursing homes must adhere to the prescribed rates stipulated in the regulations when providing assistance. These rates are designed to ensure consistent and equitable support across different regions. The government, in turn, is required to ensure that these rates are accurately applied and enforced. This includes monitoring nursing homes to confirm compliance with the prescribed rates and intervening where necessary to correct any discrepancies.
Failure to comply with the Nursing Homes Assistance Regulations 1975 can result in significant consequences. While the specific penalties for non-compliance are not detailed within the text, breaches of regulations under the Nursing Homes Assistance Act 1974 can typically result in fines or other legal actions. The penalties for non-compliance are intended to enforce adherence to the prescribed rates and ensure that the assistance provided meets the legislative standards set forth by the Act.