Statutory Rules
1977 No. 244
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 ninth day of December 1977.
ZELMAN COWEN
Governor-General
By His Excellency’s; Command,
RALPH J HUNT
Minister of State for Health
AMENDMENTS OF THE NURSING HOMES ASSISTANCE REGULATIONS†
Schedule 1—Part I
1. Part I of Schedule 1 to the Nursing Homes Assistance Regulations is amended—
(a) by inserting after item 11 the following item:
“ 11a. Gloucester Nursing Home, Gloucester.”;
(b) by inserting after item 13 the following item:
“ 13a. Hiliary House Nursing Home, Albury.”; and
(c) by inserting in item 16 “ 4, ” after “ Wards ”.
Schedule 1—Part II
2. Part II of Schedule 1 to the Nursing Homes Assistance Regulations is amended—
(a) by inserting after item 5 the following item:
“ 5a. Camperdown District Hospital—Nursing Home Unit only, Camperdown.”;
* Notified in the Commonwealth of Australia Gazette on 14 December 1977.
† 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 and 180.
13398/77 Cat. No. —Recommended retail price 10c 12/4.10.1977
(b) by inserting after item 11 the following item:
“ 11a. Hazeldean, Williamstown.”; and
(c) by inserting after item 14 the following items:
“ 14a. Maffra District Hospital—Nursing Home Ward Unit only, Maffra.
14b. Manvantara Nursing Home, Ringwood.”.
Schedule 1—Part VII
3. Part VII of Schedule 1 to the Nursing Homes Assistance Regulations is amended by inserting after item 1 the following item:
“2. Jindalee Nursing Home, Narrabundah.”.
Printed by Authority by the Acting Commonwealth Government Printer
Overview
The Nursing Homes Assistance Act 1974 was enacted to provide financial assistance to nursing homes in Australia, ensuring that they could provide quality care to their residents. The Act was introduced to address the gap in funding for nursing homes, which was critical for maintaining high standards of care for elderly and disabled individuals who required residential nursing services. The Act aimed to ensure that nursing homes could operate efficiently and affordably, thereby supporting the broader health and welfare system. These Regulations, issued under the authority of the Act by the Governor-General, acting on the advice of the Federal Executive Council, specifically amend the Nursing Homes Assistance Regulations to include additional nursing homes and units that qualify for financial assistance. The policy objective remains to enhance the availability and quality of nursing care in Australia by supporting the financial sustainability of nursing homes.
Scope and Application
The Nursing Homes Assistance Regulations 1977, made under the Nursing Homes Assistance Act 1974, govern the provision of financial assistance to eligible nursing homes across Australia. These regulations apply to entities providing nursing home services that meet the criteria set out in the Act and are listed in the Schedules of these regulations. The Act targets nursing homes and associated units that provide residential care and nursing services, ensuring they meet certain standards and are eligible for Commonwealth financial assistance. This assistance is intended to support the provision of quality care in residential aged care facilities. The geographic scope of these regulations is national, applying to all states and territories within the Commonwealth of Australia. The regulations are designed to be inclusive of most eligible nursing homes but may exclude those that do not meet the specified criteria for assistance or those not listed in the Schedules. The regulations can be amended through subordinate instruments, allowing for updates and additions to the list of eligible nursing homes as required, as evidenced by the amendments listed in the Schedules. These amendments reflect changes in the provision of nursing home services and the inclusion of additional facilities in the scheme of assistance.
Key Provisions
The Nursing Homes Assistance Regulations, as amended by Statutory Rules 1977 No. 244, contain several key provisions that pertain to the inclusion of specific nursing homes and units into the list of approved facilities eligible for assistance under the Nursing Homes Assistance Act 1974. The primary amendments involve the insertion of new items into Schedule 1 of the Regulations. Specifically, Gloucester Nursing Home in Gloucester, Hiliary House Nursing Home in Albury, and the Nursing Home Unit of Camperdown District Hospital in Camperdown are added to Part I. Similarly, Part II sees the inclusion of Hazeldean in Williamstown, the Nursing Home Ward Unit of Maffra District Hospital in Maffra, and Manvantara Nursing Home in Ringwood. Part VII of the Schedule is amended to include Jindalee Nursing Home in Narrabundah.
These amendments impose obligations on the parties involved by officially recognising these institutions as eligible for funding and support under the Act. For the nursing homes and units added, this means they can now apply for the assistance provided under the Act, which may include financial support for the care of eligible residents. This recognition ensures that these facilities meet certain standards and criteria set by the Act, which must be adhered to in order to maintain eligibility for assistance.
Failure to comply with the provisions of the Nursing Homes Assistance Act 1974 and the Regulations can lead to serious consequences. While the Regulations themselves do not explicitly outline specific offences or penalties, breaches of the Act could result in legal action, including fines and other sanctions as prescribed by the Act. The maximum penalties for non-compliance can be significant, reflecting the importance of adhering to the standards and requirements set forth to ensure the quality and safety of care provided in these facilities. Ensuring compliance is crucial for maintaining the integrity of the assistance program and the welfare of the residents in these nursing homes.