EXPLANATORY STATEMENT
Statutory Rules 1985
1985 No. 192
SUBJECT: NURSING HOMES ASSISTANCE ACT 1974
NURSING HOMES ASSISTANCE REGULATIONS (AMENDMENT)
(Issued by authority of the Minister for Community Services, Senator the Hon Don Grimes.)
Regulation 4 of the Nursing Homes Assistance Regulations (the Regulations) was made pursuant to section 37 of the Nursing Homes Assistance Act 1974 (the Act). Regulation 4 provides that, for the purposes of the definition of “Government nursing home” in sub-section 3(1) of the Act, each of the nursing homes specified in an item in a Part of Schedule 1 to the Regulations is a prescribed nursing home.
Various provisions of the Act and the National Health Act 1953 provide that if a nursing home is prescribed in Schedule 1, it will be -
• ineligible for deficit funding under the Act;
• eligible for funding under the National Health Act 1953; and
• not subject to Commonwealth controls, particularly in relation to levels of fees to be charged and the admission of patients.
The list of nursing homes in Schedule 1 to the Regulations is no longer accurate and needs to be updated.
The Regulation will repeal Schedule 1, and substitute an updated Schedule 1.
The Regulation will take effect from the date of notification in the Gazette.
Overview
The Nursing Homes Assistance Regulations (Amendment) 1985, issued under the authority of the Minister for Community Services, Senator the Hon Don Grimes, was enacted to address inaccuracies in the list of prescribed nursing homes in the Nursing Homes Assistance Regulations 1974. The primary issue that this regulation aimed to resolve was the inaccuracy of the Schedule 1 list, which specifies the nursing homes eligible for certain funding and control exemptions under both the Nursing Homes Assistance Act 1974 and the National Health Act 1953. By amending the regulations, the government sought to ensure that the list of nursing homes accurately reflects those that are ineligible for deficit funding under the Act, eligible for funding under the National Health Act 1953, and not subject to certain Commonwealth controls. The overarching policy objective is to maintain an accurate and up-to-date list of prescribed nursing homes to effectively align with the legislative intent and provide appropriate funding and regulatory frameworks.
Scope and Application
The Nursing Homes Assistance Regulations (Amendment) under the Nursing Homes Assistance Act 1974 apply to nursing homes that are prescribed as government nursing homes. These regulations primarily affect the eligibility of nursing homes for funding and the applicability of Commonwealth controls over their operations. Specifically, nursing homes that are prescribed in the updated Schedule 1 of the Regulations will be ineligible for deficit funding under the Act, while becoming eligible for funding under the National Health Act 1953. Additionally, these nursing homes will not be subject to Commonwealth controls, particularly concerning fee levels and patient admissions. The amendment aims to rectify the inaccuracy of the existing list of prescribed nursing homes, ensuring that the correct facilities are appropriately categorised and funded. The updated Schedule 1 will be effective from the date of notification in the Gazette, thus extending or restricting the application of the Act through these subordinate instruments.
Key Provisions
The Nursing Homes Assistance Regulations (Amendment) (F1997B02074) addresses Regulation 4 under the Nursing Homes Assistance Act 1974. This amendment focuses on updating the list of nursing homes specified in Schedule 1, which defines "Government nursing home". The primary purpose of this amendment is to ensure that the list of nursing homes is current and accurate (Regulation 4). Consequently, the updated Schedule 1 will delineate which nursing homes are prescribed under the Act, impacting their eligibility for certain funding and Commonwealth controls.
The amended Regulation 4 imposes obligations on the parties involved, specifically those who operate or manage nursing homes listed in the updated Schedule 1. Nursing homes that are prescribed under the new Schedule 1 will face specific eligibility and ineligibility criteria. For instance, they will be ineligible for deficit funding under the Nursing Homes Assistance Act 1974, but will be eligible for funding under the National Health Act 1953 (Section 37). Additionally, these homes will not be subject to Commonwealth controls, particularly regarding the levels of fees charged and the admission of patients. These stipulations are crucial for the operational and financial planning of these institutions.
Failure to comply with the provisions outlined in the amended Regulation 4 may lead to legal consequences. While the specific offences, penalties, or civil/criminal consequences are not detailed in the explanatory statement, the importance of adhering to the updated regulations cannot be overstated. Non-compliance could potentially result in financial penalties, legal action, or other enforcement measures as prescribed by the relevant acts. The precise penalties would be determined by the governing bodies and courts based on the nature and extent of the breach. However, the regulation underscores the necessity for nursing homes to stay updated with the prescribed list to avoid any adverse legal repercussions.