Commonwealth Numbered Acts

HOME AND COMMUNITY CARE (MISCELLANEOUS AMENDMENTS) ACT 1985 No. 185 of 1985 - SECT 15

15. Section 3 of the Principal Act is amended -
(a) by omitting the definition of "eligible organization" and substituting the
following definitions:

"'base amount', in relation to the provision in a State of a home
nursing service by an eligible organisation, means the amount
ascertained to be the base amount in accordance with
sub-section
6 (4) in relation to that organisation and that State;
'base year' means the financial year commencing on 1 July 1984;
'eligible organisation' means an organisation that is eligible for a subsidy
by virtue of section 5;
'first relevant period' means the period commencing on the prescribed
commencement day and ending on 30 June 1986;";

   (b)  by inserting after the definition of "home nursing service" the
        following definition:

"'index number', in relation to a State in which an eligible organisation
provides a home nursing service, means -

   (a)  the hourly award rates of pay for adult wage earners
index number for the community services industry for
that State as provided by the Australian Statistician
in respect of each month of March; or

   (b)  the All Groups Consumer Price Index number (excluding hospital and
        medical services) for the capital city of that State as provided by
        the Australian Statistician in respect of each March quarter;";

   (c)  by omitting the definition of "organization" and substituting the
        following definitions:

"'organisation' means a society, body or group of persons, whether
corporate or unincorporate;
'prescribed commencement day' means the day on which the
Home and Community Care (Miscellaneous Amendments) 
Act 1985 receives the Royal Assent;
'relevant period' means -

   (a)  the first relevant period;

   (b)  the second relevant period; or

   (c)  the financial year commencing on 1 July 1987 or any subsequent
        financial year;
'second relevant period' means the financial year commencing on 1 July 1986;";
(d) by omitting "organization" from the definition of "State assistance" and
substituting "organisation"; and

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

"(2) Subject to sub-section (3), if at any time, whether before or after the
prescribed commencement day, the Australian Statistician has provided or
provides an index number for a State in respect of a March quarter or in
respect of a month of March in substitution for an index number previously
provided for that State in respect of that quarter or that month, the
first-mentioned index number shall be disregarded for the purposes of
section 6.

"(3) If at any time, whether before or after the prescribed commencement day,
the Australian Statiscian has changed or changes the reference base for an
index number for a State then, for the purposes of the application of
section 6 after the change took place or takes place, regard shall be had only
to the index number for that State provided in terms of the new reference
base.

"(4) In determining the proportion that one period bears to another period -

   (a)  a period consisting of a number of whole weeks and a part
of a week shall be treated as if it were a period consisting of
that number of whole weeks increased by one; and

   (b)  a period consisting of a part only of one week shall be
treated as if it were a period of a week.

"(5) For the purposes of sub-section 6 (7) where -

   (a)  the total period consists of a number of whole weeks and a
part of a week - the total period shall be treated as if it were
a period consisting of that number of whole weeks increased
by one; and

   (b)  the total period consists of a part only of a week - the total
period shall be treated as if it were a period of a week.".