States Grants (Nursing Homes) Act 1969

States Grants (Nursing Homes) Act 1969

Act No. 51 of 1969 as amended

[Note: This Act is repealed by Act No. 61 of 1981]

This compilation was prepared on 26 March 2003
taking into account amendments up to Act No. 61 of 1981

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra

Contents

1 Short title [see Note 1]

2 Commencement [see Note 1]

3 Interpretation

4 Grant of financial assistance

5 Maximum amount of financial assistance

6 Amounts not payable unless a certificate has been furnished

7 Expenditure for purposes of this Act

8 Moneys expended by the proprietor of an approved nursing home

9 Claims for financial assistance

10 Appropriation

Notes

An Act to grant Financial Assistance to the States in relation to Nursing Homes for Aged Persons

1  Short title [see Note 1]

  This Act may be cited as the States Grants (Nursing Homes) Act 1969.

2  Commencement [see Note 1]

  This Act shall come into operation on the day on which it receives the Royal Assent.

3  Interpretation

 (1) In this Act, unless the contrary intention appears:

approved nursing home means a nursing home that the Minister is satisfied is or will be conducted as a public nursing home to provide nursing home care wholly or mainly for aged persons of limited means.

nursing home and nursing home care have the same meanings, respectively, as in the National Health Act 1953–1968.

proprietor, in relation to an approved nursing home, means the authority or body of persons having the conduct of the nursing home or, in the case of a nursing home that is proposed to be erected, the authority or body of persons that will have the conduct of that nursing home when it is erected.

 (2) A reference in this Act to a nursing home includes a reference to a nursing home that is proposed to be erected.

 (3) A reference in this Act to the erection of a nursing home includes a reference to the acquisition, alteration or extension of existing premises for use as a nursing home.

 (4) A reference in this Act to an amount being expended for or in connexion with the erection of an approved nursing home shall, unless the contrary intention appears, be read as a reference to an amount being expended as referred to in the next succeeding section.

4  Grant of financial assistance

  Subject to this Act, where a State has expended, during the period commencing on the first day of July, One thousand nine hundred and sixty-nine and ending on the thirtieth day of June, One thousand nine hundred and seventy-four, an amount for or in connexion with the erection of an approved nursing home, there is payable to that State, by way of financial assistance, an amount equal to one-half of the amount so expended.

5  Maximum amount of financial assistance

  The amount, or the total of the amounts, paid to a State under this Act shall not exceed the amount shown in the following table opposite to the name of the State:—

6  Amounts not payable unless a certificate has been furnished

  A State is not entitled to financial assistance under this Act in relation to the expenditure of an amount by the State unless the State has furnished to the Minister:

 (a) a statement in respect of that amount, in a form approved by the Minister, accompanied by a certificate of the Auditor-General of the State certifying that that amount was expended as referred to in section 4 of this Act; and

 (b) such further information, if any, as the Minister requires in respect of that expenditure.

7  Expenditure for purposes of this Act

  For the purposes of this Act, an amount shall not be taken to have been expended for or in connexion with the erection of an approved nursing home unless:

 (a) the amount has been expended for or in connexion with:

 (i) the acquisition of a building (including the land on which the building is erected) to be used for the purposes of an approved nursing home;

 (ii) the erection of a building to be used for the purposes of an approved nursing home, including the acquisition of the land on which the erection of the building takes place; or

 (iii) the alteration or extension of a building used, or to be used, for the purposes of an approved nursing home;

 (b) where the amount has been expended for or in connexion with the alteration or extension of a building used for the purposes of an approved nursing home:

 (i) that alteration or extension has resulted in the provision of additional beds for the purpose of providing nursing home care for aged persons; and

 (ii) the Minister, or a person authorized by the Minister, has determined that that amount is to be regarded as having been expended for or in connexion with the erection of an approved nursing home; and

 (c) the expenditure was incurred with the prior approval of the Minister or of a person authorized by the Minister, by instrument in writing, to give approvals for the purpose of this section.

8  Moneys expended by the proprietor of an approved nursing home

  An amount paid by a State to the proprietor of an approved nursing home and expended by that proprietor for or in connexion with the erection of an approved nursing home shall, for the purposes of this Act, be deemed:

 (a) to have been expended by the State for or in connexion with the erection of an approved nursing home; and

 (b) to have been so expended by the State at the time when that amount was expended by that proprietor.

9  Claims for financial assistance

  The Minister, or a person authorized by the Minister, by instrument in writing, may determine:

 (a) the manner in which claims by a State for payments under this Act may be made; and

 (b) the times at which payments in respect of these claims may be made.

10  Appropriation

  Amounts payable to a State under this Act are payable out of the Consolidated Revenue Fund, which is appropriated accordingly.

Notes to the States Grants (Nursing Homes) Act 1969

Note 1

The States Grants (Nursing Homes) Act 1969 as shown in this compilation comprises Act No. 51, 1969 amended as indicated in the Tables below.

Table of Acts