Commonwealth Numbered Regulations

1989 No. 173 NATIONAL HEALTH (NURSING HOME RESPITE CARE) REGULATIONS - REG 20

20. (1) The Minister may, by notice in writing published in the Gazette,
specify a number as the maximum benefit respite care bed number for a State or
Territory for a relevant period.

(2) The Minister shall not, at any time during a relevant period, make, vary
or revoke a determination under regulation 14 or 16 if the effect of doing so
would be that the number of approved beds in a State or Territory that are, at
that time, approved as beds available only for occupation by benefit respite
care patients would exceed the maximum benefit respite care bed number for
that State or Territory for that period.

(3) For the purposes of this regulation, the number of approved beds in a
State or Territory that is, at a particular time, approved as the number of
beds available only for occupation by benefit respite care patients shall,
subject to subregulations (4), (5) and (6), be taken to be the number equal to
the aggregate of:

   (a)  the number of beds specified in determinations in force at that time
        under regulation 14; and

   (b)  the number of beds specified in determinations in force at that time
        under regulation 16.

(4) Where:

   (a)  a certificate is granted under subsection 39A (2) or (2A) of the Act
        in relation to premises; and

   (b)  the premises are subsequently approved as a nursing home under section
        40AA of the Act; any determination made under regulation 16 in
        relation to the certificate shall, as from the time of the approval,
        be disregarded for the purposes of this regulation.

(5) Where:

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

   (b)  while the determination is in force a certificate is granted in
        relation to the nursing home under subsection 39A (2A) or (3) of the
        Act; any determination in force in relation to the nursing home under
        regulation 14 shall be disregarded for the purposes of this regulation
        while the certificate is in force.

(6) Where:

   (a)  a certificate is granted in relation to a nursing home under
        subsection 39A (3) of the Act; and

   (b)  a determination is made in relation to the nursing home under
        subsection 40AD (1) of the Act giving effect to the certificate; any
        determination made in relation to the certificate under regulation 16
        shall, as from the time of the making of the determination under
        subsection 40AD (1) of the Act, be disregarded for the purposes of
        this regulation.
(7) In this regulation, "maximum benefit respite care 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 subregulation (1) as the maximum
benefit respite care bed number for that State or Territory for that period.
(8) In this regulation, "relevant period" means:

   (a)  the period commencing on 1 December 1989 and ending on 30 June 1990;
        or

   (b)  the year commencing on 1 July 1990; or

   (c)  a succeeding year.