Commonwealth Numbered Acts

HOME AND COMMUNITY CARE (MISCELLANEOUS AMENDMENTS) ACT 1985 No. 185 of 1985 - SECT 36

36. Section 3 of the Principal Act is amended -
(a) by inserting after the definition of "approved paramedical service scheme"
the following definitions:

"'base amount', in relation to the expenditure by a participating State of an
amount for or in connection with an approved paramedical service scheme, means
the amount ascertained in accordance with sub-section 5 (4), or the amount
determined by the Minister in accordance with sub-section 5 (5), to be the
base amount;
'base year' means the financial year commencing on 1 July 1984;
'first relevant period' means the period commencing on the prescribed
commencement day and ending on 30 June 1986;
'index number', in relation to a participating State, 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,";
(b) by omitting "connexion" from the definition of "paramedical service" and
substituting "connection";

   (c)  by omitting the definition of "year in relation to which this Act
        applies" and substituting the following definitions:

"'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.";
and

   (d)  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 participating 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 5.

"(3) If at any time, whether before or after the prescribed commencement day,
the Australian Statistician has changed or changes the reference base for an
index number for a participating State then, for the purposes of the
application of section 5 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.".