Statutory Rules
1977 No. 10
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 first day of February, 1977.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
RALPH J. HUNT
Minister of State for Health.
–––––––
Amendments of the Nursing Homes Assistance Regulations†
1. Regulation 5a of the Nursing Homes Assistance Regulations is repealed and the following regulation substituted:—
Prescribed rate for the purposes of paragraph 13 (1) (a) of the Act.
“ 5a. The rate of $43.50 per week is prescribed for the purposes of paragraph 13 (1) (a) of the Act ”.
Rate for the purposes of paragraph 13 (1) (d) of the Act.
2. 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................................................. | 121.90 |
Victoria ....................................................... | 146.05 |
Queensland..................................................... | 125.05 |
South Australia................................................... | 146.05 |
Western Australia................................................. | 120.85 |
Tasmania....................................................... | 136.25 |
Australian Capital Territory .......................................... | 121.90 |
Northern Territory................................................. | 146.05 |
| |
* Notified in the Australian Government Gazette on 3 February 1977
† Statutory Rules 1973, No 65 as amended by Statutory Rules 1975, Nos 67, 166, 205 and 206; and 1976, No 114.
3 Schedule 2 to the Nursing Homes Assistance Regulations is repealed and the following Schedule substituted:—
SCHEDULE 2 Regulation 5
Voluntary Care Association of N.S.W and A.C.T.
Voluntary Care Association of Victoria
Benevolent Homes Association (Q’ld.)
Voluntary Care Association of South Australia Inc.
Voluntary Care Association of Western Australia (Inc.)
The Tasmanian Association of Non-Profit Homes for the Aged
The Australian Cerebral Palsy Association Incorporated
Overview
The Nursing Homes Assistance Act 1974 was enacted by the Parliament of Australia to address the need for financial assistance to support nursing homes, ensuring that the elderly and those in need of care could receive adequate support. This Act was designed to provide a safety net for nursing homes by offering subsidies and assistance, thereby alleviating some of the financial burdens on these institutions and improving the quality of care provided to residents. The Act was intended to ensure that nursing homes could operate effectively and sustainably, contributing to the well-being of their residents.
These regulations, made under the authority of the Act, were issued by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, and were designed to implement the provisions of the Act by setting specific rates and guidelines for the assistance provided to nursing homes across various states and territories. The policy objective of these regulations is to ensure that the prescribed rates for assistance are fair and reflective of the varying costs and needs across different regions, thereby supporting the smooth operation of nursing homes and the quality of care they provide.
Scope and Application
The Nursing Homes Assistance Regulations 1977, made under the Nursing Homes Assistance Act 1974, apply to nursing homes within the Commonwealth of Australia, aiming to provide financial assistance to eligible individuals requiring nursing home care. These regulations govern the administration of financial assistance by setting specific rates for nursing home care, which are adjusted according to the state or territory in which the nursing home is located. The regulations also identify specific voluntary care associations in each state and territory that are recognised for the purposes of administering the assistance. Notably, the regulations are not exhaustive on their own and are supplemented by subordinate instruments that further define the scope and application of the Act. Exclusions or exemptions are not explicitly detailed in the regulations but are likely addressed in other parts of the Act or related legislation. The regulations extend their reach across all states and territories of Australia, ensuring a uniform approach to the provision of assistance, while the rates are updated to reflect regional variations in living costs.
Key Provisions
The key provisions of the Statutory Rules 1977 No. 10 under the Nursing Homes Assistance Act 1974 primarily revolve around the prescribed rates for nursing home assistance and the substitution of specific regulations. Regulation 5a establishes a prescribed rate of $43.50 per week, which is intended to be applied for certain purposes outlined in paragraph 13 (1) (a) of the Act. This rate adjustment aims to standardise the financial support provided to nursing homes across different states and territories. Regulation 6 further elaborates by providing a detailed table specifying the rates per week for each state and territory, which are set to reflect local economic conditions and the cost of care. This table replaces the previous version and ensures that the support provided is both equitable and reflective of regional variations in living costs.
The obligations imposed by these regulations are primarily on the entities responsible for administering and managing the financial assistance provided to nursing homes. They must ensure that the prescribed rates are correctly applied and that the assistance is distributed in accordance with the rates specified. This involves meticulous record-keeping and adherence to the updated figures to ensure compliance with the statutory requirements. Additionally, these entities are responsible for ensuring that the nursing homes they support are aware of and comply with the new rates as stipulated in the regulations.
Failure to comply with the provisions of these regulations can result in various consequences, although the specific penalties are not detailed in the statutory rules. Generally, breaches of regulations under the Nursing Homes Assistance Act 1974 may lead to administrative penalties, financial penalties, or other enforcement actions as deemed necessary by the relevant authorities. These consequences are intended to ensure that the regulations are adhered to, maintaining the integrity and effectiveness of the financial support system for nursing homes. The precise nature and extent of the penalties would be further defined in the Act or in subsequent regulatory instruments.