EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO. 83
ISSUED BY AUTHORITY OF THE MINISTER FOR HEALTH
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. Paragraph 13(1)(a) of the Act provides that any such agreement between the Commonwealth and the proprietor of a nursing home is to include a provision under which the proprietor is to charge a fee of $32 per week or such other amount as is prescribed for nursing home patients other than certain specified classes of patients. The amount that is prescribed is consistent with Government
policy that the amount of minimum financial contribution towards the cost of their nursing home care by patients should be equivalent to 87½% of pension entitlement, including supplementary assistance, under the Social Services Act 1947. An increase in pension rates with effect from 6 May 1982 has made it necessary to increase the amount of the prescribed fee from that date to maintain this relativity. Regulation 2 accordingly prescribes an increase in the amount of the fee currently prescribed for the purposes of paragraph 13(1)(a) from $67.90 to $71.75.
Paragraph 13(1)(d) of the Act provides for the prescription of the fees to be charged to nursing home patients in approved nursing homes 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 the Commonwealth or of a State or Territory. The fees prescribed for the purposes of this paragraph are calculated by reference to the fee prescribed under paragraph 13(1)(a) of the Act and by reference to the amounts of Commonwealth nursing home benefit prescribed for the purpose of sub-section 47(1)
of the National Health Act 1953. Regulation 3 increases the fees prescribed under paragraph 13(1)(d) by $3.85 per week to reflect the increase in the fee prescribed under paragraph 13(1)(a) consequent upon the increase in the rate of supplementary assistance effective from 6 May 1982.
Regulation 1 provides for the coming into operation of the statutory rules on 6 May 1982.
Overview
The Nursing Homes Assistance Regulations (Amendment) Statutory Rules 1982 were enacted by the Minister for Health to address the need for updating fees prescribed under the Nursing Homes Assistance Act 1974 in light of an increase in pension rates effective from 6 May 1982. The Act was introduced by the Commonwealth Parliament, with the primary objective of ensuring that the prescribed fees for nursing home patients remain consistent with the government policy that the minimum financial contribution by patients should be equivalent to 87.5% of their pension entitlement, including supplementary assistance, as stipulated in the Social Services Act 1947. The amendment regulations adjust the prescribed fees to reflect this change, ensuring that the relativity between pension rates and nursing home fees is maintained.
Scope and Application
The Nursing Homes Assistance Regulations (Amendment) Statutory Rules 1982 No. 83 applies to proprietors of nursing homes approved under the Nursing Homes Assistance Act 1974. It sets out the prescribed fees to be charged to nursing home patients, specifically adjusting the weekly fee from $67.90 to $71.75 in line with an increase in pension rates effective from 6 May 1982. These regulations are aimed at maintaining the relativity of the fee to 87½% of pension entitlement, including supplementary assistance, under the Social Services Act 1947. The amendments also affect fees for patients who have received, or are entitled to receive, compensation or damages under Commonwealth or state/territory law. The Act and its amendments operate nationally, affecting all approved nursing homes within Australia. The regulations came into effect on 6 May 1982, as stipulated in Regulation 1.
Key Provisions
The Nursing Homes Assistance Regulations (Amendment) Statutory Rules 1982 No. 83, issued under the authority of the Minister for Health, introduce amendments to the Nursing Homes Assistance Regulations. Section 1 of the rules sets the date for the commencement of these amendments as 6 May 1982. Section 2 of the amendment increases the weekly fee for nursing home patients from $67.90 to $71.75, aligning with the increase in pension rates as per Government policy. This change ensures that the minimum financial contribution by patients remains equivalent to 87.5% of their pension entitlement, including supplementary assistance under the Social Services Act 1947.
The obligations under these regulations require nursing home proprietors to charge the updated fee of $71.75 per week to eligible patients, in accordance with the agreement between the Commonwealth and the proprietor as stipulated in section 12(1) of the Nursing Homes Assistance Act 1974. Moreover, Regulation 3 adjusts the fees for patients who receive compensation or damages under Commonwealth or State/Territory laws, increasing these fees by $3.85 per week. This adjustment maintains the relativity between the prescribed fee and the Commonwealth nursing home benefit as outlined in the National Health Act 1953.
Failure to comply with these regulations may result in legal consequences. Although the specific offences and penalties are not detailed in the provided text, breaches of regulations typically entail civil or criminal liabilities, depending on the nature and severity of the non-compliance. For instance, non-compliance could lead to financial penalties, legal action, or other administrative consequences as prescribed by the relevant statutes. The exact penalties would be determined based on the specific regulatory framework and any applicable laws at the time of the breach.