STATES GRANTS (HOME CARE) AMENDMENT ACT 1978
No. 113 of 1978
An Act to amend the States Grants (Home Care) Act 1969.
BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:
Short title, &c.
1. (1) This Act may be cited as the States Grants (Home Care) Amendment Act 1978.
(2) The States Grants (Home Care) Act 1969 is in this Act referred to as the Principal Act.
Commencement
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Grant of financial assistance in connexion with home care services
3. Section 6 of the Principal Act is amended by omitting from sub-section (1) “two-thirds” and substituting “one-half”.
Grant of financial assistance in respect of salaries
4. Section 10 of the Principal Act is amended by omitting from sub-section (1) “two-thirds” and substituting “one-half”.
Application of amendments
5. (1) The amendment made by section 3 has effect in relation to the year that commenced on 1 July 1978 and subsequent years.
(2) The amendment made by section 4 has effect in relation to salary paid in respect of any period that commenced on or after 1 July 1978.
Overview
The States Grants (Home Care) Amendment Act 1978 is an Act enacted by the Parliament of Australia to amend the States Grants (Home Care) Act 1969. This amendment was introduced to address a perceived inadequacy in the financial assistance provided to states for home care services under the original Act. By reducing the required contribution from two-thirds to one-half for both home care services and salaries, the Act aimed to alleviate some of the financial burden on states while ensuring continued support for home care initiatives. The policy objective was to enhance the accessibility and quality of home care services by making the financial assistance more attainable for the states. This Act came into operation on the day it received the Royal Assent.
Scope and Application
The States Grants (Home Care) Amendment Act 1978 serves to modify the States Grants (Home Care) Act 1969, specifically adjusting the financial assistance provisions provided by the Commonwealth to states for home care services. The Act applies to the states and territories within Australia, with the primary objective of altering the criteria for Commonwealth financial assistance under the Principal Act. The amendment reduces the required contribution from the states from two-thirds to one-half, both for general home care services and for salaries associated with these services. These changes are effective from 1 July 1978 for the relevant financial year and ongoing salaries. The Act itself does not outline specific exclusions or exemptions beyond what is stipulated in the Principal Act, and its jurisdictional reach is confined to the Australian Commonwealth, impacting state and territory governments involved in the provision of home care services. The Act's application is further shaped by any subordinate instruments or regulations that may be enacted to provide additional detail or operational guidelines.
Key Provisions
The States Grants (Home Care) Amendment Act 1978 (Act) amends the States Grants (Home Care) Act 1969 (Principal Act) by modifying the financial assistance provided in connection with home care services and salaries. Specifically, section 3 of the Act alters the proportion of funding required from states for home care services, changing the requirement from two-thirds to one-half. Similarly, section 4 modifies the funding proportion for salaries associated with home care services, again changing it from two-thirds to one-half. These amendments apply to the fiscal year beginning on 1 July 1978 and thereafter for home care services (section 5(1)), and to salaries for any period beginning on or after 1 July 1978 (section 5(2)).
The Act imposes specific obligations on the states regarding the financial contribution towards home care services and salaries. States are now required to contribute at least one-half of the total costs for home care services and salaries, a reduction from the previous requirement of two-thirds. This obligation is effective from the specified dates mentioned in section 5 of the Act, which aims to ease the financial burden on states while ensuring continued support for home care services.
The Act does not explicitly outline offences, penalties, or consequences for non-compliance with its provisions. However, under the general legislative framework, failure to meet the financial obligations stipulated in the amended sections could lead to legal consequences. Typically, this might involve disputes or litigation where the Commonwealth seeks to enforce compliance, potentially leading to court orders or other remedies. While specific penalties are not detailed in the Act, the ramifications of non-compliance could include financial penalties or other legal actions to ensure adherence to the financial contribution requirements.