Statutory Rules
1978 No. 67
REGULATIONS UNDER THE NURSING HOMES ASSISTANCE ACT 1974*
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 Nursing Homes Assistance Act 1974.
Dated this fifth day of May, 1978.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
RALPH J. HUNT
Minister of State for Health
––––––
AMENDMENTS OF THE NURSING HOMES ASSISTANCE
REGULATIONS†
Commencement
1. These Regulations shall come into operation on 11 May 1978.
Prescribed rate for the purposes of paragraph 13 (1) (a) of the Act
2. Regulation 5a of the Nursing Homes Assistance Regulations is amended by omitting “ $47.10 ” and substituting “ $49.25 ”.
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* Notified in the Commonwealth of Australia Gazette on 10 May 1978.
† Statutory Rules 1975, No. 65 as amended by Statutory Rules 1975, Nos. 67, 166, 205 and 206; 1976, No. 114; and 1977, Nos. 10, 113, 180 and 244.
11855/78 Cat. No. —Recommended retail price 10c 12/19.4.1978
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 | Column 3 |
State or Territory | Amount per week for ordinary care patient | Amount per week for extensive care patient |
| $ | $ |
New South Wales............................ | 144.80 | 186.80 |
Victoria................................... | 186.80 | 228.80 |
Queensland................................ | 131.85 | 173.85 |
South Australia.............................. | 171.05 | 213.05 |
Western Australia............................ | 131.50 | 173.50 |
Tasmania.................................. | 153.20 | 195.20 |
Australian Capital Territory..................... | 144.80 | 186.80 |
Northern Territory............................ | 171.05 | 213.05 |
Printed by Authority by the Commonwealth Government Printer
Overview
The Nursing Homes Assistance Act 1974 was enacted to address the need for financial assistance for individuals requiring nursing home care. This Act was developed by the Australian Parliament with the policy objective of providing financial support to nursing homes to help ensure the provision of quality care for the elderly and infirm. In 1978, Statutory Rules were made under this Act to amend the Nursing Homes Assistance Regulations, specifically adjusting the prescribed rates for care provided to ordinary and extensive care patients across different states and territories. These amendments aimed to reflect changes in economic conditions and the cost of care, ensuring that nursing homes could continue to operate effectively while maintaining the quality of care provided to residents. The regulations came into operation on 11 May 1978, as per the Statutory Rules published in the Commonwealth of Australia Gazette on 10 May 1978.
Scope and Application
The Nursing Homes Assistance Regulations 1978, made under the Nursing Homes Assistance Act 1974, apply to nursing homes that provide aged care services within Australia. These regulations are applicable to the entities operating these nursing homes and the individuals or entities that receive financial assistance under the Act. The regulations cover various aspects including the prescribed rates for the financial assistance provided to nursing homes, which are specified for ordinary and extensive care patients across different states and territories. The regulations are binding across the Commonwealth, with specific financial rates set for each state and territory to account for regional variations in the cost of care. The regulations do not explicitly state exclusions or thresholds but imply that they apply to all eligible nursing homes seeking financial assistance under the Act. The regulations may be further extended or restricted through subordinate instruments, such as amendments or additional regulations, to adapt to changing circumstances or requirements.
Key Provisions
The Nursing Homes Assistance Regulations 1978, made under the Nursing Homes Assistance Act 1974, specify the prescribed rates for the purposes of certain provisions in the Act. One key provision is the amendment of Regulation 5a (section 2), which revises the weekly rate for ordinary care from $47.10 to $49.25. This adjustment is aimed at ensuring that the financial assistance provided to nursing homes reflects the current costs associated with the care of patients. Another significant amendment is outlined in section 3, which updates Regulation 6 to reflect the new weekly rates for ordinary and extensive care patients across various states and territories. These rates are intended to provide a uniform level of financial support tailored to the specific needs of patients in different regions.
The Regulations impose obligations on nursing homes and the Department of Health to adhere to the prescribed rates for the financial assistance provided under the Act. Nursing homes must ensure that they comply with these rates when billing for services provided to patients, while the Department of Health is responsible for overseeing and enforcing these standards. This includes maintaining accurate records and submitting appropriate claims to receive the specified financial assistance. Furthermore, the Regulations require that any changes to the prescribed rates be promptly communicated and updated in accordance with the legislative requirements.
Failure to comply with the prescribed rates and the obligations outlined in the Regulations may result in legal consequences. Although the specific offences and penalties are not detailed in the Regulations, breaches of the Nursing Homes Assistance Act 1974 or its regulations could potentially lead to civil or criminal penalties. Such penalties might include fines or other legal actions as determined by the relevant authorities. The exact penalties would be guided by the provisions of the primary Act and any subsequent amendments or related legislation.