428
Statutory Rules
1975 No. 67
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 twenty-first day of April, 1975.
JOHN R. KERR
Governor-General.
By His Excellency's Command,
W. G. HAYDEN
Minister of State for Social Security.
_________
Amendments of the Nursing Homes Assistance Regulations†
Commencement.
1. These Regulations shall come into operation on 1 May 1975.
2. After Regulation 20b of the National Health Regulations the following following regulation is inserted:—
Prescribed rate for the purposes of paragraph 13 (1) (a) of the Act.
“ 5a. For the purposes of paragraph 13 (1) (a) of the Act, the prescribed rate is $37 per week.”.
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.............................................. | 91.70 |
Victoria..................................................... | 115.85 |
Queensland.................................................. | 94.85 |
South Australia................................................ | 115.85 |
Western Australia.............................................. | 90.65 |
Tasmania.................................................... | 106.05 |
Australian Capital Territory........................................ | 91.70 |
Northern Territory.............................................. | 115.85 |
* Notified in the Australian Government Gazette on 22 April 1975.
† Statutory Rules 1975, No. 65.
Overview
The Nursing Homes Assistance Regulations of 1975 were made under the Nursing Homes Assistance Act 1974 by the Governor-General, acting on advice from the Executive Council. These regulations were designed to address the need for standardised rates for nursing home assistance across Australia, thereby ensuring a more uniform approach to the financial support provided to nursing homes. The policy objective, as indicated in the regulations, is to establish a clear and consistent framework for the prescribed rates, which are integral to the financial sustainability of nursing homes and the quality of care provided to residents.
The regulations specifically set out the prescribed rates for nursing home assistance, adjusting the amounts according to the state or territory to account for regional variations in costs of living and operational expenses. These amendments aimed to provide a more equitable distribution of assistance, ensuring that nursing homes in different parts of Australia received appropriate funding to meet the needs of their residents. The regulations came into effect on 1 May 1975, as notified in the Australian Government Gazette on 22 April 1975.
Scope and Application
The Nursing Homes Assistance Regulations 1975, made under the Nursing Homes Assistance Act 1974, apply to all nursing homes and related entities within Australia that provide services for which assistance is sought under the Act. These regulations determine the prescribed rates that are payable to nursing homes in exchange for the care and accommodation of individuals who require assistance due to age, infirmity, or disability. The scope of these regulations is nationwide, covering all states and territories, ensuring uniformity in the rates provided to nursing homes across different regions. Each state and territory has a specific weekly rate prescribed in the regulations, reflecting the varying costs of living and operating a nursing home in different areas. These regulations do not specify exclusions or exemptions; however, they may be subject to amendments through subordinate instruments, which can alter the prescribed rates or other aspects of the assistance provided. The regulations are designed to provide clarity and consistency in the financial support offered to nursing homes, ensuring that they receive appropriate compensation for the services they provide.
Key Provisions
The Nursing Homes Assistance Regulations 1975, made under the Nursing Homes Assistance Act 1974, set forth specific rates and amendments for nursing home assistance. A key provision is the introduction of a new rate of $37 per week, which is to be used for the purposes of paragraph 13(1)(a) of the Act, as outlined in Regulation 2 (paragraph 5a). This rate serves as a benchmark for determining assistance levels. Regulation 3 updates the rates for nursing home assistance across different states and territories, replacing the previous rates with new figures that vary by location. For example, New South Wales is now set at $91.70 per week, while Victoria has a rate of $115.85 per week.
These regulations impose specific obligations on nursing homes and the Department of Social Security, ensuring that they adhere to the updated rates for the provision of assistance. Nursing homes must comply with the new prescribed rates when applying for or providing assistance to residents. The Department of Social Security is responsible for monitoring and enforcing these rates, ensuring that nursing homes are correctly billing and receiving the appropriate levels of assistance. Furthermore, these regulations require nursing homes to maintain accurate records of the assistance provided and the rates applied, which must be available for inspection by authorised officers.
Failure to comply with these regulations can result in significant consequences. The Act provides for both civil and criminal penalties for breaches. Civil penalties may include fines and the requirement to rectify any non-compliance issues. For example, if a nursing home fails to adhere to the prescribed rates, they may be subject to fines and be required to make retroactive payments to residents. Criminal penalties may also apply, particularly if there is a deliberate or negligent failure to comply with the regulations, leading to potential prosecution. The severity of penalties can vary based on the nature and extent of the breach, with maximum penalties outlined in the Act to ensure consistent and fair enforcement.