States Grants (Nursing Homes) Act 1969

Legislation au C1969A00051 Not in force Act

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[Note: This Act is repealed by Act No. 61 of 1981]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

 

 

$

New South Wales...........

1,813,000

Victoria..................

1,374,000

Queensland...............

717,000

South Australia.............

465,000

Western Australia...........

381,000

Tasmania.................

250,000

 

 

5,000,000

 

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

 

Act

Number
and year

Date
of Assent

Date of commencement

Application, saving or transitional provisions

 

 

States Grants (Nursing Homes) Act 1969

51, 1969

14 June 1969

14 June 1969

 

Statute Law Revision Act 1981

61, 1981

12 June 1981

Schedule 4
(Part IV): Royal Assent

—

 

Overview

The States Grants (Nursing Homes) Act 1969 was enacted to provide financial assistance to states for the erection of approved nursing homes for aged persons of limited means. This Act was introduced by the Parliament of Australia to address the gap in funding for the establishment of nursing homes that cater specifically to elderly individuals with limited financial resources. The primary objective of the Act was to support the construction of nursing homes through grants, ensuring these facilities could provide necessary care for the elderly. Under the Act, states could claim financial assistance for eligible expenditures, subject to certain conditions, including the furnishing of a certificate by the Auditor-General and prior approval by the Minister. The total financial assistance for each state was capped at specified amounts as outlined in the Act. This legislation was subsequently repealed by the Statute Law Revision Act 1981. The States Grants (Nursing Homes) Act 1969 provided a structured approach to funding the erection of nursing homes, ensuring that states could meet the needs of the elderly population with limited financial means. By setting specific criteria and limits for financial assistance, the Act aimed to facilitate the establishment of nursing homes while maintaining accountability through certification and oversight mechanisms. The Act also allowed for flexibility in determining the manner and timing of claims and payments, empowering the Minister to set these parameters. This comprehensive framework was essential in addressing the specific needs of aged care infrastructure during that period.

Scope and Application

The States Grants (Nursing Homes) Act 1969 applies to the Commonwealth and the states of Australia, providing financial assistance to the states for the erection of approved nursing homes. An approved nursing home is defined as 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. The Act specifies the maximum amount of financial assistance that can be paid to each state and outlines the conditions under which this assistance is payable. To be eligible for financial assistance, a state must furnish a certificate from the Auditor-General and any further information required by the Minister. The Act also details the types of expenditure that qualify for assistance, including the acquisition, erection, or alteration and extension of buildings used for approved nursing homes. Additionally, any amount paid by a state to the proprietor of an approved nursing home and expended for or in connection with the erection of the nursing home is deemed to have been expended by the state. The Act is repealed by the Act No. 61 of 1981, which includes application, saving, or transitional provisions as set out in the Schedule.

Key Provisions

The States Grants (Nursing Homes) Act 1969 provides financial assistance to states for the erection of approved nursing homes. Under section 4, the Commonwealth will pay a state half of the amount expended for or in connection with the erection of an approved nursing home between 1 July 1969 and 30 June 1974. However, the total assistance paid to any state is capped (section 5) at specific amounts listed for each state in the Act. Section 6 stipulates that a state is not entitled to financial assistance unless it furnishes a statement and certificate from the Auditor-General certifying the amount was expended for the erection of an approved nursing home, as well as any further information required by the Minister. The Act imposes several obligations on states seeking financial assistance. States must ensure the amount expended is for the acquisition, erection or alteration/extension of a building to be used as a nursing home (section 7). Expenditure must be approved by the Minister or an authorised person. Amounts paid by the state to the proprietor of an approved nursing home and expended by that proprietor are deemed to have been expended by the state (section 8). The Minister or an authorised person determines the manner and times of claims and payments (section 9). The Act does not explicitly provide for criminal or civil penalties for breach of its provisions. However, failure to comply with the requirements for financial assistance, such as not furnishing the required certificate and information, would likely result in the state not being entitled to the assistance. Additionally, the Act may be repealed or amended by subsequent legislation, which could have consequences for states relying on the financial assistance provided by this Act.

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Area of Law
Public Health Law
Elder Law
Instrument
Act
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.