Commonwealth Numbered Acts

NURSING HOMES AND HOSTELS LEGISLATION AMENDMENT ACT 1986 No. 115, 1986 - SECT 8

8. Section 39 of the Principal Act is repealed and the following sections are
substituted: Interpretation

"39. In this Part, unless the contrary intention appears -
'authorised' means authorised, in writing, by the Minister;
'Commonwealth benefit' means an amount payable by the Commonwealth by way of
benefit in accordance with Part VA;
'maximum bed number', in relation to a State or Territory in relation to a
relevant period, means the number specified in a notice in force under
sub-section 39AA (1) as the maximum bed number for that State or Territory for
that period;
'maximum ordinary bed number', in relation to a region within a State or
Territory in relation to a relevant period, means the number specified in a
notice in force under sub-section 39AA (2) as the maximum ordinary bed number
for that region for that period;
'maximum special bed number', in relation to a State or Territory in relation
to a relevant period, means the number specified in a notice in force under
sub-section 39AA (3) as the maximum special bed number for that State or
Territory for that period;
'Nursing Homes Act' means the Nursing Homes Assistance Act 1974;
'relevant period' means -

   (a)  the period commencing on 1 December 1986 and ending on 30 June 1987;

   (b)  the year commencing on 1 July 1987; or

   (c)  a succeeding year;
'special needs group' means a class of persons determined by the Minister, in
writing, to be a special needs group for the purposes of this definition.
Determination of maximum bed numbers, &c.

"39AA. (1) The Minister may, by notice in writing published in the Gazette,
specify a number as the maximum bed number for a State or Territory for a
relevant period.

"(2) The Minister may, by notice in writing published in the Gazette, specify
a number as the maximum ordinary bed number for a region within a State or
Territory for a relevant period.

"(3) The Minister may, by notice in writing published in the Gazette, specify
a number as the maximum special bed number for a State or Territory for a
relevant period.

"(4) The aggregate of the numbers specified at any time in notices in force
under sub-section (2) and the notice in force under sub-section (3) in
relation to a State or Territory in relation to a relevant period shall not
exceed the number specified at that time in the notice in force under
sub-section (1) in relation to that State or Territory in relation to that
period.

"(5) The Minister shall not, at any time during a relevant period -

   (a)  grant or vary a certificate under sub-section 39A (2) or (3) of this
        Act or sub-section 3A (2) or (3) of the Nursing Homes Act;

   (b)  make, vary or revoke a determination under sub-section 39A (4A) of
        this Act or sub-section 3A (4A) of the Nursing Homes Act;

   (c)  make a determination under paragraph 40AA (6) (a) or sub-section 40AD
        (1) of this Act or paragraph 4 (6) (a) or sub-section 9 (1) of the
        Nursing Homes Act;

   (d)  make, vary or revoke a determination under sub-section 40AA (6AAB) of
        this Act or sub-section 4 (6AB) of the Nursing Homes Act; or

   (e)  make, vary or revoke a determination under sub-section 40AD (1AC) of
        this Act or sub-section 9 (1AB) of the Nursing Homes Act, if the
        effect of doing so would be that -

   (f)  the number of approved beds in a State or Territory at that time would
        exceed the maximum bed number for that State or Territory for that
        period;

   (g)  the number of ordinary approved beds in a region within a State or
        Territory at that time would exceed the maximum ordinary bed number
        for that region for that period; or

   (h)  the number of approved beds in a State or Territory that are, at that
        time, approved in relation to special needs groups would exceed the
        maximum special bed number for that State or Territory for that
        period.

"(6) For the purposes of this section, the number of approved beds in a State
or Territory, or in a region within a State or Territory, at a particular time
shall, subject to sub-sections (9), (10) and (11), be taken to be the number
equal to the aggregate of -

   (a)  the numbers of beds specified in certificates in force at that time
        under sub-sections 39A (2) and (3) of this Act;

   (b)  the numbers of beds specified in determinations in force at that time
        under paragraph 40AA (6) (a) of this Act;

   (c)  the numbers of beds specified in certificates in force at that time
        under sub-section 3A (2) and (3) of the Nursing Homes Act; and

   (d)  the numbers of beds specified in determinations in force at that time
        under paragraph 4 (6) (a) of that Act, being certificates granted or
        determinations made in relation to nursing homes, or proposed nursing
        homes, in that State or Territory, or in that region, as the case may
        be.

"(7) For the purposes of this section, the number of approved beds in a State
or Territory, or in a region within a State or Territory, that are, at a
particular time, approved in relation to special needs groups shall, subject
to sub-sections (9), (10) and (11), be taken to be the number equal to the
aggregate of -

   (a)  the numbers of beds specified in determinations in force at that time
        under sub-section 39A (4A) of this Act;

   (b)  the numbers of beds specified in determinations in force at that time
        under sub-sections 40AA (6AAB) and 40AD (1AC) of this Act;

   (c)  the numbers of beds specified in determinations in force at that time
        under sub-section 3A (4A) of the Nursing Homes Act; and

   (d)  the numbers of beds specified in determinations in force at that time
        under sub-sections 4 (6AB) and 9 (1AB) of that Act, being
        determinations made in relation to nursing homes, or proposed nursing
        homes, in that State or Territory, or in that region, as the case may
        be.

"(8) For the purposes of this section, the number of ordinary approved beds in
a region within a State or Territory at a particular time shall, subject to
sub-sections (9), (10) and (11), be taken to be the number equal to the
difference between -

   (a)  the number of approved beds in the region at that time; and

   (b)  the number of approved beds in the region that are, at that time,
        approved in relation to special needs groups.

"(9) Where -

   (a)  a certificate is granted under sub-section 39A (2) of this Act, or
        sub-section 3A (2) of the Nursing Homes Act, in relation to premises;
        and

   (b)  the premises are subsequently approved as a nursing home under section
        40AA of this Act or section 4 of the Nursing Homes Act, the
        certificate, and any determination made in relation to the certificate
        under sub-section 39A (4A) of this Act or 3A (4A) of the Nursing Homes
        Act, shall, as from the time of the approval, be disregarded for the
        purposes of this section.

"(10) Where -

   (a)  a determination is made in relation to a nursing home under paragraph
        40AA (6) (a) of this Act or paragraph 4 (6) (a) of the Nursing Homes
        Act; and

   (b)  while the determination is in force, a certificate is granted in
        relation to the nursing home under sub-section 39A (3) of this Act or
        subsection 3A (3) of the Nursing Homes Act, the determination, and any
        determination in force in relation to the nursing home under
        sub-section 40AA (6AAB) or 40AD (1AC) of this Act or sub-section 4
        (6AB) or 9 (1AB) of the Nursing Homes Act, shall be disregarded for
        the purposes of this section while the certificate is in force.

"(11) Where -

   (a)  a certificate is granted in relation to a nursing home under
        sub-section 39A (3) of this Act or sub-section 3A (3) of the Nursing
        Homes Act; and

   (b)  a determination is made in relation to the nursing home under
        sub-section 40AD (1) of this Act or sub-section 9 (1) of the Nursing
        Homes Act giving effect to the certificate, the certificate, and any
        determination made in relation to the certificate under sub-section
        39A (4A) of this Act or sub-section 3A (4A) of the Nursing Homes Act,
        shall, as from the time of the making of the determination, be
        disregarded for the purposes of this section.

"(12) In this section -

   (a)  a reference to a determination in force under paragraph 40AA (6) (a)
        of this Act includes a reference to such a determination as affected
        by a determination or determinations under sub-section 40AD (1) or
        (1A) of this Act; and

   (b)  a reference to a determination in force under paragraph 4 (6) (a) of
        the Nursing Homes Act includes a reference to such a determination as
        affected by a determination or determinations under sub-section 9 (1)
        or (1A) of that Act.

"(13) In this section, 'nursing home' includes a nursing home within the
meaning of the Nursing Homes Act.".