Commonwealth Numbered Regulations - Explanatory Statements

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NATIONAL HEALTH REGULATIONS (AMENDMENT) 1996 NO. 183

EXPLANATORY STATEMENT

STATUTORY RULES 1996 No. 183

Issued by Authority of the Minister for Family Services

National Health Act 1953

National Health Regulations (Amendment)

Subsection 140 (1) of the National Health Act 1953 (the Act) provides that the Governor-General may make regulations, prescribing all matters which by the Act are required or permitted to be prescribed.

Regulation 5 of the National Health Regulations provides that a nursing home specified in Schedule 5 is an adjusted fee government nursing home for the purposes of section 4AAAA of the Act.

At the request of the relevant State Governments, most state government nursing homes have previously been prescribed by regulation as adjusted fee government nursing homes for the purposes of section 4AAAA of the Act. Adjusted fee government nursing homes, receive funding on a similar basis to nongovernment nursing homes, except that the level of funding provided for infrastructure costs excludes provision for a return on investment. The funding they receive is greater than they received before becoming an adjusted fee government nursing home.

These amendments prescribe a further eight nursing homes in Queensland as adjusted fee government nursing homes. These have been listed with the four existing adjusted fee government nursing homes in Queensland (currently listed in Part 8 of Schedule 5 to the Regulations) in Part 4 of Schedule 5 to the Regulations. The amendments also reflect a change of name for Gloucester Nursing Home in New South Wales and delete Apollo Bay Nursing Home in Victoria. Details of these amendments are contained in the Attachment.

The regulations commenced on 1 July 1996. This date of effect for the eight state government nursing homes in Queensland is that requested by the State Government and does not disadvantage the homes affected. As such this amendment is in accordance with section 48 of the Acts Interpretation Act 1901.