Statutory Rules
1980 No. 85
REGULATIONS UNDER THE NURSING HOMES ASSISTANCE
ACT 19741
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 seventeenth day of April 1980.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
MICHAEL MACKELLAR
Minister of State for Health
_______________
AMENDMENTS OF THE NURSING HOMES ASSISTANCE
REGULATIONS2
1 Prescribed rate for the purposes of paragraph 13 (1) (a) of the Act
Regulation 5A of the Nursing Homes Assistance Regulations is amended by omitting “$54.95” and substituting “$57.75”.
2 Rate for the purposes of paragraph 13 (1) (d) of the Act
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 | 164.85 | 206.85 |
Victoria | 216.65 | 258.65 |
Queensland | 154.70 | 196.70 |
South Australia | 201.60 | 243.60 |
Western Australia | 154.70 | 196.70 |
Tasmania | 168.70 | 210.70 |
Australian Capital Territory | 164.85 | 206.85 |
Northern Territory | 201.60 | 243.60 |
3 Schedule 1
Schedule 1 to the Nursing Homes Assistance Regulations is amended by omitting item 9 of Part II, being the item so numbered inserted by Statutory Rules 1979 No. 229, and substituting the following item:
“8A. Gippsland Base Hospital-Evelyn Wilson Wing only, Sale.”.
4 Commencement
Regulations 1 and 2 shall come into operation on 8 May 1980.
1. Notified in the Commonwealth of Australia Gazette on 23 April 1980.
2. Statutory Rules 1975 No. 65 as amended by Statutory Rules 1975 Nos. 67, 166, 205 and 206; 1976 No. 114; 1977 Nos. 10, 113, 180 and 244; 1978 Nos. 67, 209 and 247; 1979 Nos. 229 and 232.
Overview
The Nursing Homes Assistance Regulations 1980, made under the Nursing Homes Assistance Act 1974, were enacted to provide detailed rules and guidelines for the administration and implementation of the Act, which aims to assist in the provision of nursing home care in Australia. The Regulations were made by the Governor-General, acting on the advice of the Federal Executive Council, to address the need for comprehensive and specific regulatory frameworks to support the operation of nursing homes and ensure that they meet the necessary standards of care and service. The policy objective of these Regulations is to support the efficient and effective delivery of nursing home services, thereby ensuring the welfare of individuals requiring such care. These Regulations, which include amendments to prescribed rates and the inclusion of specific nursing home facilities, came into operation on 8 May 1980.
Scope and Application
The Nursing Homes Assistance Regulations 1980, made under the Nursing Homes Assistance Act 1974, apply to the provision of nursing home care services within Australia, targeting both the nursing homes and the individuals receiving care. The Regulations are designed to assist in the funding and regulation of nursing homes, ensuring they meet certain standards and that residents receive care at specified rates. The regulations cover a broad spectrum of entities including nursing homes, care providers, and patients within the jurisdiction of the Commonwealth, and are applicable across all states and territories. Specific amendments to the regulations include changes to the prescribed rates for nursing care, updating the amount per week for ordinary and extensive care patients according to the state or territory, and altering the list of approved nursing homes, such as the removal and addition of specific facilities. These amendments are intended to ensure that the financial assistance provided aligns with the current costs of providing care and the economic conditions of the time. The Regulations also provide for adjustments through subordinate instruments, enabling the rates and approved facilities to be modified as necessary to reflect changes in the healthcare environment and economic factors.
Key Provisions
The main operative sections of these Regulations amend the Nursing Homes Assistance Regulations by adjusting financial provisions for nursing home assistance. Specifically, Regulation 5A updates the prescribed rate from $54.95 to $57.75 (s 1), and Regulation 6 replaces the existing table with new rates for ordinary and extensive care patients across various states and territories (s 2). Schedule 1 modifies the listing of eligible facilities to include Gippsland Base Hospital-Evelyn Wilson Wing only, in Sale (s 3). These Regulations are designed to ensure that the financial support provided to eligible patients and facilities is updated to reflect current costs and needs.
The obligations imposed by these Regulations primarily concern the financial support provided to eligible patients and facilities. Nursing homes and care providers must adhere to the updated rates specified in the Regulations to ensure they receive the correct level of government assistance. Patients eligible for nursing home assistance must meet the criteria set out in the Nursing Homes Assistance Act 1974 and comply with any related conditions to receive the updated rates of support.
Failure to comply with the provisions of these Regulations can lead to various consequences. Although the Regulations do not explicitly state offences or penalties, breaches of the Nursing Homes Assistance Act 1974 or its regulations can result in civil or criminal penalties. Under the Act, penalties for non-compliance may include fines and other sanctions, as determined by the relevant authorities. The specific maximum penalties would be governed by the Nursing Homes Assistance Act 1974 and any associated legislation or regulations.