Commonwealth Numbered Regulations - Explanatory Statements

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NATIONAL HEALTH AMENDMENT REGULATIONS 1999 (NO. 5) 1999 NO. 175

STATUTORY RULES 1999 No. 175

Issued by the Authority of the Minister for Health and Aged Care

National Health Act 1953

National Health Amendment Regulations 1999 (No. 5)

Section 140 of the National Health Act 1953 (the Act) allows the Governor-General to make regulations prescribing matters that are required or permitted by the Act to be prescribed, or that are necessary and convenient to be prescribed for carrying out or giving effect to the Act.

Part 3 of Schedule 1 of the Health Legislation Amendment Act (No. 2) 1999 (the Amendment Act) contains amendments to the Act relating to waiting periods. Item 9 of Part 3 of Schedule 1 of the Amending Act amends the Act by substituting a new paragraph (j) in Schedule 1 of the Act. New paragraph (j)(iii) empowers the making of regulations setting out the manner in which a commencement day for waiting periods can be worked out. New paragraph (j)(iv) empowers the making of regulations which specify the maximum waiting periods that can be fixed in respect of identified ailments, illnesses or conditions (including pre-existing ailments).

Consistent with the default commencement provision contained in subsection 2(3) of the Amendment Act Part 3 of Schedule 1 of the Amendment Act will commence on 20 October 1999.

The regulations amend the National Health Regulations by making regulations for the purpose of new paragraphs (j)(iii) and (iv) of the Act. The regulations:

*       specify the day on which the contributor begins to be a contributor under the applicable benefits arrangement as the day on which the waiting period commences; and

*       specifies the maximum waiting periods that can be fixed in respect of an obstetric condition and a pre-existing ailment (in each case, 12 months) and in respect of any other ailment, illness or condition (2 months).

The regulations maintain the existing maximum waiting periods contained in paragraphs and (k) of Schedule 1 of the Act. Paragraphs (j) and (k) of Schedule 1 of the Act will be repealed by items 9 and 10 of Part 3 of Schedule 1 of the Amending Act.

Details of the Regulations are set out in the Attachment.

The Regulations will commence on 20 October 1999.

ATTACHMENT

Regulation 1: Name of Regulations

Regulation 1 provides that the Regulations may be cited as the National Health Amendment Regulations 1999 (No. 5).

Regulation 2: Commencement

Regulation 2 provides that the Regulations commence on 20 October 1999.

Regulation 3: Amendment of National Health Regulations 1954

Regulation 3 provides that the National Health Regulations 1954 are amended by Schedule 1.

Item 1

Item 1 of Schedule 1 inserts a new regulation 53 into the National Health Regulations 1954.

As allowed under new subparagraph (j)(iii) in Schedule 1 to the Act, subregulation 53(1) provides that the waiting period for the provision of benefits to a contributor, or a dependant of a contributor, under an applicable benefits arrangement commences on the day the contributor begins contributing for that applicable benefits arrangement.

As allowed under new subparagraph (j)(iv) in Schedule 1 to the Act, subregulation 53(2) sets out the maximum waiting periods for the provision of benefits to a contributor, a dependant of a contributor, and a contributor to whom paragraph (bb) of Schedule 1 of the Act applies, under an applicable benefits arrangement.

Subparagraph (2)(a) specifies that the maximum waiting period for the provision of benefits under an applicable benefits arrangement for an ailment, illness or condition relating to an obstetric condition is 12 months.

Subparagraph (2)(b) specifies that the maximum waiting period for the provision of benefits under an applicable benefits arrangement for a pre-existing ailment, as defined in paragraph (k)(c) in Schedule 1 to the Act, is 12 months.

Subparagraph (2)(a) specifies that the maximum waiting period for the provision of benefits under an applicable benefits arrangement for any ailment, illness or condition, other than for an ailment, illness or condition relating to an obstetric condition or a pre-existing ailment, is 2 months.