Statutory Rules 1981 No. 3191
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Nursing Homes Assistance Regulations2 (Amendment)
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 29 October 1981.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
MICHAEL MacKELLAR
Minister of State for Health
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Commencement
1. These Regulations shall come into operation on 5 November 1981.
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 “$62.65” and substituting “$65.10”.
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 State or Territory | Column 2 Amount per week for ordinary care patient | Column 3 Amount per week for extensive care patient |
| $ | $ |
New South Wales........... | 226.10 | 268.10 |
Victoria.................. | 286.65 | 328.65 |
Queensland............... | 207.90 | 249.90 |
South Australia............. | 258.30 | 300.30 |
Western Australia........... | 194.95 | 236.95 |
Tasmania................. | 209.65 | 251.65 |
Australian Capital Territory..... | 226.10 | 68.10 |
Northern Territory........... | 258.30 | 300.30 |
1. Notified in the Commonwealth of Australia Gazette on 4 November 1981.
2. Statutory Rules 1975 No. 65 as amended to date. For previous amendments see Note 2 to Statutory Rules 1981 No. 88 and see also Statutory Rules 1981 Nos. 88 and 98.
Overview
The Nursing Homes Assistance Regulations 1981 (Amendment) were enacted to revise the prescribed rates for nursing homes assistance under the Nursing Homes Assistance Act 1974. The Act was established to provide financial assistance to eligible individuals residing in nursing homes, aiming to alleviate the financial burden associated with such care. These regulations were made by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council. The specific amendments to the regulations were aimed at adjusting the financial assistance rates to reflect current economic conditions, ensuring that nursing homes could receive adequate funding to continue providing necessary care to their residents. The amendments include an increase in the prescribed rate for ordinary care patients and a revision of the weekly rates for ordinary and extensive care patients across different states and territories.
Scope and Application
The Nursing Homes Assistance Regulations 1981, which amend the existing regulations under the Nursing Homes Assistance Act 1974, apply to entities providing nursing home services within the Commonwealth of Australia. The regulations specifically address the prescribed rate and the weekly amounts for ordinary and extensive care patients in various states and territories. These amendments are designed to update the financial assistance provided to nursing homes to reflect current costs and ensure that the services rendered are adequately compensated. The changes include an increase in the prescribed rate and adjustments to the weekly amounts for ordinary and extensive care patients, which are detailed in the regulations. These regulations apply nationally, encompassing all states and territories, thereby ensuring a standardised approach to the financial assistance provided to nursing homes across Australia. The amendments are made under the authority granted by the Nursing Homes Assistance Act 1974 and are intended to maintain the integrity and effectiveness of the financial support system for nursing home services.
Key Provisions
The Nursing Homes Assistance Regulations 1981, as amended, primarily make changes to the prescribed rates for nursing home assistance under the Nursing Homes Assistance Act 1974. Regulation 2 adjusts the prescribed rate for the purposes of section 13(1)(a) of the Act, changing it from $62.65 to $65.10. Regulation 3 updates the rates for the purposes of section 13(1)(d) of the Act by replacing the existing table with a new one, which specifies the amount per week for ordinary and extensive care patients across various states and territories.
These amendments impose specific obligations on nursing homes and the Department of Health, ensuring that the updated rates are adhered to when providing subsidies or payments for nursing home care. Nursing homes must apply the new rates in accordance with the regulations when calculating the amount of assistance they receive from the government. The Department of Health, in turn, is required to implement these changes in their administrative processes and ensure that payments are made according to the revised rates.
Failure to comply with these regulations may result in civil or administrative penalties. While the regulations do not explicitly state the penalties for non-compliance, breaches of the Nursing Homes Assistance Act 1974 or its regulations could lead to enforcement actions by the Department of Health. Such actions might include fines, recovery of overpaid amounts, or other corrective measures to ensure compliance with the legislative requirements. The maximum penalties for breaches of the Act could potentially be substantial, depending on the nature and severity of the non-compliance.