Commonwealth Numbered Acts

Health Acts Amendment Act 1981 No. 118 of 1981 - SECT 4

4. (1) Section 3 of the Principal Act is amended-

(a) by omitting from sub-section (1) the definition of ''dependant'' and
substituting the following definition:

'' 'dependant' means-

   (a)  in relation to an eligible pensioner-

        (i)    the wife of the pensioner;

        (ii)   a child under the age of 16 years who is in the custody, care
               and control of the pensioner or of the wife or husband of the
               pensioner; or

        (iii)  a person who-

                (A)  has attained the age of 16 years but is under the age of
                     25 years;

                (B)  is receiving full-time education at a school, college or
                     university;

                (C)  is not in receipt of an invalid pension under Part III of
                     the Social Services Act 1947; and

                (D)  is wholly or substantially dependent on the pensioner or
                     on the wife or husband of the pensioner;

   (b)  in relation to a disadvantaged person in respect of whom there is in
        force a declaration under section 5 or 5B-a person who is a dependant,
        within the meaning of section 5B, of the disadvantaged person or would
        be such a dependant if section 5B applied in relation to the
        disadvantaged person; or

   (c)  in relation to a disadvantaged person in respect of whom there is in
        force a declaration under section 5D or 5E-a person who is a dependant
        of the disadvantaged person for the purposes of Part VII of the Social
        Services Act 1947;''; and

   (b)  by adding at the end thereof the following sub-section:

''(13) Where a person is declared to be a disadvantaged person within the
meaning of section 5, 5B, 5D or 5E in respect of a period, the person shall be
deemed to be, or to have been a disadvantaged person for the purposes of this
Act on every day included in that period.''.

(2) Section 3 of the Principal Act is amended-

(a) by omitting from sub-section (1) the definition of ''patient
contribution'' and substituting the following definition:

'' 'patient contribution' means-

   (a)  in relation to a nursing-home type patient of a recognized hospital in
        a State that is a party to an agreement that provides for an
        eligible person who is a nursing-home type patient of a recognized
        hospital to be required to make a patient contribution, calculated in
        accordance with the agreement, in respect of his care and treatment
        for each day as an in-patient in the hospital, an amount equal to the
        amount of that patient contribution;

   (b)  in relation to a nursing-home type patient of a recognized hospital in
        a State (other than a State referred to in paragraph (a)) such amount
        as is determined by the Minister from time to time for the purposes of
        this paragraph with respect to that State;

   (c)  in relation to a nursing-home type patient of a recognized hospital in
        an internal Territory, such amount as is determined by the Minister
        from time to time for the purposes of this paragraph in relation to
        that Territory; or

   (d)  in relation to a nursing-home type patient of a private hospital, an
        amount equal to the amount in force, from time to time, for the
        purposes of sub-paragraph 47 (2) (b) (iii) of the
        National Health Act 1953, for each day on which the nursing-home type
        patient is an in-patient in the private hospital;'';

   (b)  by omitting from sub-section (1) the definition of ''recognized
        hospital'' and substituting the following definition:

'' 'recognized hospital' means-

   (a)  in relation to a State that is a party to an agreement-a hospital in
        that State that is a recognized hospital for the purposes of that
        agreement;

   (b)  in relation to a State that is not a party to an agreement-a hospital
        in that State that is declared, by writing signed by him, by the
        Minister to be a recognized hospital for the purposes of this Act; or

   (c)  in relation to an internal Territory-a hospital in that Territory that
        is declared by the Minister, by writing signed by him, to be a
        recognized hospital for the purposes of this Act;'';

   (c)  by omitting from sub-section (1) the definition of ''standard hospital
        fees'' and substituting the following definition:

'' 'standard hospital fees', in relation to a State or an internal Territory,
means such fees as the Minister, by instrument in writing, declares to be the
standard hospital fees in relation to that State or Territory;'';

   (d)  by inserting after sub-section (5) the following sub-section:

''(5A) For the purposes of this Act, a pathology service shall be deemed to
include any necessary interpretation, analysis or reporting.''; and

   (e)  by adding at the end thereof the following sub-section:

''(13) A declaration for the purposes of the definition of 'standard hospital
fees' in sub-section (1) may specify fees in relation to a class of patients
or classes of patients and, in that case, the fees so specified in relation to
a class of patients shall be deemed to be the standard hospital fees in
relation to each patient in the relevant State or Territory who is included in
that class.''.