Western Australian Current Regulations Western Australian Current Regulations (1) In this order,
unless the contrary intention appears —
asylum seeker means a person —
(a) who
has applied for —
(i)
a permanent protection visa within the meaning of the
Migration Act 1958 (Commonwealth) section 35A(2); or
(ii)
a temporary protection visa within the meaning of the
Migration Act 1958 (Commonwealth) section 35A(3); or
(iii)
a safe haven enterprise visa within the meaning of the
Migration Act 1958 (Commonwealth) section 35A(3A);
and
(b)
whose visa application referred to in paragraph (a) has not yet been
decided;
compensable day patient has the meaning given in
clause 3A(1);
compensable in‑patient has the meaning given
in clause 3A(2);
compensable out‑patient has the meaning
given in clause 3A(3);
compensable patient means any of the
following —
(a) a
compensable day patient;
(b) a
compensable in‑patient;
(c) a
compensable out‑patient;
(d) a
compensable same day patient;
compensable same day patient has the meaning given
in clause 3A(4);
concessional beneficiary has the meaning given in
clause 14(2)(e);
day hospital means a hospital at which health
services which require full‑time or part‑time
non‑residential attendance at specific and regular intervals over a
period of time are provided;
day patient has the meaning given in
clause 11(1)(b);
DVA arrangement means a hospital services
arrangement made from time to time between the State and the Commonwealth and
others for health services provided to veterans;
eligible day patient has the meaning given in
clause 13(2)(b);
eligible out‑patient has the meaning given
in clause 14(2)(c);
eligible person has the meaning given in the
Health Insurance Act 1973 (Commonwealth) section 3 and —
(a)
includes a person who is required by or under that Act to be treated as an
eligible person for the purposes of that Act; but
(b) does
not include a person who is required by or under that Act not to be treated as
an eligible person for the purposes of that Act;
eligible veteran in‑patient has the meaning
given in clause 12(2)(d);
eligible veteran out‑patient has the meaning
given in clause 14(2)(b);
eligible veteran same day patient has the meaning
given in clause 15(2)(d);
entitlement card has the same meaning as it has in
the National Health Act Part VII;
Gold Card means a currently valid health card,
known by that name, issued by the Commonwealth Department of Veterans’
Affairs;
hospital means a public hospital;
hospital bed means —
(a) a
bed used for accommodation, maintenance and nursing care of a patient in a
hospital that is not a nursing home; and
(b) a
bed designated under subclause (2);
ineligible day patient has the meaning given in
clause 13(2)(c);
ineligible in‑patient has the meaning given
in clause 12(2)(g);
ineligible out‑patient has the meaning given
in clause 14(2)(d);
ineligible same day patient has the meaning given
in clause 15(2)(e);
in‑patient means a patient who is admitted
to a hospital for the purpose of receiving health services in a hospital bed;
internal Territory has the meaning given in the
Acts Interpretation Act 1901 (Commonwealth) section 2B;
involuntary patient has the meaning given in
subclause (3);
Medicare Benefits Schedule means the Medicare
Benefits Schedule published by the Commonwealth, as that Schedule is in force
from time to time;
Medicare ineligible asylum seeker means a person
who —
(a) is
an asylum seeker; and
(b) is
not an eligible person; and
(c) is
not a compensable patient;
Medicare ineligible involuntary patient means a
person who —
(a) is
an involuntary patient; and
(b) is
not an eligible person; and
(c) is
not a compensable patient;
midwife means a person registered under the Health
Practitioner Regulation National Law (Western Australia) in the midwifery
profession;
midwifery service means a midwifery service that
is to be treated as both a professional service and a medical service in
accordance with a determination made under the Health Insurance Act 1973
(Commonwealth) section 3C(1);
National Health Act means the National Health
Act 1953 (Commonwealth);
nursing home bed means a bed used for the
accommodation, maintenance and nursing care of a patient at a nursing home,
but does not include a hospital bed in a nursing home;
nursing home type patient has the meaning given in
clause 12(2)(e);
nursing home type private patient has the meaning
given in clause 12(2)(f);
out‑patient has the meaning given in
clause 11(1)(c);
participating hospital means a public hospital in
the State, if either or both of the following applies in relation to the
hospital —
(a) an
approval under the National Health Act section 94 is in force in relation
to the health service provider for the hospital;
(b) the
health service provider for the hospital is authorised to supply
pharmaceutical benefits pursuant to a special arrangement in force under the
National Health Act section 100;
PBS list means the list of medicines set out in
the document “Schedule of Pharmaceutical Benefits” published from
time to time, for the purposes of the National Health Act, by the Department
of State of the Commonwealth that is administered by the Commonwealth Minister
administering that Act;
PBS price means the price specified in the PBS
list;
pensioner has the meaning given in
clause 14(2)(f);
pensioner concession card means a currently valid
card, known by that name, issued on behalf of the Commonwealth;
private in‑patient has the meaning given in
clause 12(2)(b);
private pathology out‑patient means a person
classified under clause 14(4)(a);
private same day patient has the meaning given in
clause 15(2)(b);
professional service means a service referred to
in paragraph (a), (b) or (ba) of the definition of professional service
in the Health Insurance Act 1973 (Commonwealth) section 3(1);
public in‑patient has the meaning given in
clause 12(2)(a);
public same day patient has the meaning given in
clause 15(2)(a);
same day patient has the meaning given in
clause 11(1)(d);
surgically implanted prosthesis means a prosthesis
listed in the Private Health Insurance (Prostheses) Rules as in force from
time to time under the Private Health Insurance Act 2007 (Commonwealth)
section 333‑20;
veteran means a person who has received or is
entitled to receive health services under the Veterans’ Entitlements
Act 1986 (Commonwealth), the Military Rehabilitation and Compensation
Act 2004 (Commonwealth), the Safety Rehabilitation and Compensation
Act 1988 (Commonwealth) or the Australian Participants in British
Nuclear Tests (Treatment) Act 2006 (Commonwealth);
White Card means a currently valid health card,
known by that name, issued by the Commonwealth Department of Veterans’
Affairs.
(2) A bed in a nursing
home may be designated as a “hospital bed” by the Minister.
(3) A person is an
involuntary patient if —
(a) the
person is under an inpatient treatment order as defined in the
Mental Health Act 2014 section 4; or
(b) the
person is under a community treatment order as defined in the
Mental Health Act 2014 section 4; or
(c) the
person is under another order under the Mental Health Act 2014 under
which they are, or may be, detained; or
(d) the
person has been referred under the Mental Health Act 2014
section 26(2) or (3)(a) and —
(i)
the referral has not expired; and
(ii)
the referral has not been revoked under the
Mental Health Act 2014 section 31; and
(iii)
the examination referred to in the Mental Health
Act 2014 section 26(1) has not been conducted;
or
(e) the
person has been referred under the Mental Health Act 2014
section 36(2) and —
(i)
the referral has not expired; and
(ii)
the referral has not been revoked under the
Mental Health Act 2014 section 37; and
(iii)
the examination referred to in the Mental Health
Act 2014 section 36(2) has not been conducted.
[Clause 3 amended: Gazette 2 Feb 2018
p. 315; 13 Nov 2018 p. 4432; SL 2023/34 cl. 4;
SL 2023/87 cl. 4.]