States Grants (Mental Health Institutions)
No. 83 of 1970
An Act to amend the States Grants (Mental Health Institutions) Act 1964–1967 and for purposes connected therewith.
[Assented to 26 October 1970]
BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title and citation.
1.—(1.) This Act may be cited as the States Grants (Mental Health Institutions) Act 1970.
(2.) The States Grants (Mental Health Institutions) Act 1964–1967 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the States Grants (Mental Health Institutions) Act 1964–1970.
Commencement.
2. This Act shall be deemed to have come into operation on the first day of July, One thousand nine hundred and seventy.
Financial assistance for period from 1st July, 1964, to 30th June, 1973.
3. Section 5 of the Principal Act is amended by omitting the word “seventy” and inserting in its stead the word “seventy-three”.
Financial assistance on or after 1st July, 1967.
4. Section 6 of the Principal Act is repealed.
Expenditure for purposes of this Act.
5. Section 8 of the Principal Act is amended—
(a) by omitting from paragraph (b) the words “, in respect of expenditure other than expenditure to which section 6 of this Act relates,”; and
(b) by omitting from that paragraph the word “sixty-nine” and inserting in its stead the word “seventy-two”.
Approval of expenditure between 1 July, 1969, and Assent.
6. For the purposes of section 8 of the Principal Act as amended by this Act, where—
(a) during the period commencing on the first day of July, One thousand nine hundred and sixty-nine, and ending on the day immediately preceding the day on which this Act received the Royal Assent, an amount has been expended for or in connexion with a purpose referred to in paragraph (a) of that section; and
(b) not later than the date referred to in paragraph (b) of that section, the Minister or a person referred to in paragraph (b) of that section approves that expenditure,
that approval shall be deemed to have been given before that expenditure was incurred.
Overview
The States Grants (Mental Health Institutions) Act 1970, enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, serves as an amendment to the States Grants (Mental Health Institutions) Act 1964–1967. This Act was introduced to extend financial assistance for mental health institutions, ensuring that support continues beyond the initially established period. The primary objective is to maintain the flow of federal funding to states for the maintenance and improvement of mental health services, thereby addressing gaps in ongoing financial support for these critical institutions. By adjusting the timeframes and criteria for financial assistance, the Act aims to provide a more stable and extended framework for funding mental health institutions.
Scope and Application
The States Grants (Mental Health Institutions) Act 1970 is an Act of the Commonwealth of Australia that amends the States Grants (Mental Health Institutions) Act 1964–1967, extending financial provisions for mental health institutions in the states and territories. This Act applies to mental health institutions within the states and territories of Australia, providing financial assistance and defining the criteria for the expenditure of these funds. It sets out the terms under which the Commonwealth of Australia provides grants to the states and territories for mental health institutions, ensuring that the funds are used for specified purposes. The Act applies nationally across Australia, with its provisions extending to all states and territories within the Commonwealth. While the Act does not explicitly state any exclusions or exemptions, it does set thresholds and criteria for the approval of expenditure related to mental health institutions. The Act may also be extended or restricted through subordinate instruments, although the primary text does not detail these mechanisms. The Act came into operation on 1 July 1970, and its provisions govern the financial assistance provided from 1 July 1964 to 30 June 1973, with specific amendments to the expenditure approval and financial assistance terms.
Key Provisions
The States Grants (Mental Health Institutions) Act 1970, commencing on 1 July 1970, makes several amendments to the States Grants (Mental Health Institutions) Act 1964-1967, referred to as the Principal Act. The Act primarily alters the financial assistance provisions for mental health institutions. Section 3 of the Act amends Section 5 of the Principal Act by changing the percentage of financial assistance for the period from 1 July 1964 to 30 June 1973, increasing the percentage from 70% to 73%. Section 4 repeals Section 6 of the Principal Act, which previously provided for a specific rate of financial assistance. Section 5 modifies Section 8 of the Principal Act by adjusting the percentage of expenditure that can be considered for financial assistance from 69% to 72%.
The Act imposes certain obligations on the parties it governs. For example, Section 5 requires that any expenditure incurred for purposes related to mental health institutions must fall within the specified percentage for financial assistance to be approved. Section 8 stipulates that any expenditure made between 1 July 1969 and the date of Royal Assent will be considered approved if the Minister or an authorised person approves it by a specified date. This ensures that the financial assistance provisions are adhered to and that any retrospective approvals are valid.
There are no explicit offences, penalties, or consequences stated in the Act for breaches of its provisions. However, the Act's purpose is to ensure that the financial assistance provided to mental health institutions is correctly calculated and approved. Non-compliance with the specified percentages or approval timelines could potentially lead to disputes over the validity of financial assistance claims, though specific penalties are not detailed within the Act itself. It is implied that adherence to the legislative provisions is critical for the proper administration of grants and financial support to mental health institutions.