NATIONAL HEALTH ACTS AMENDMENT ACT 1977

No. 100 of 1977

An Act relating to the payment of benefits in respect of the provision of nursing home care.

BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:

PART I—PRELIMINARY

Short title

1. This Act may be cited as the National Health Acts Amendment Act 1977.

Commencement

2. (1) Sections 1, 2 and 32 shall come into operation on the day on which this Act receives the Royal Assent.

(2) The remaining provisions of this Act shall come into operation on 1 October 1977.

PART II—AMENDMENTS OF THE NATIONAL HEALTH ACT 1953

Citation

3. The National Health Act 1953 is in this Part referred to as the Principal Act.

Interpretation

4. Section 4 of the Principal Act is amended—

(a) by omitting from the definition of “approved” in sub-section (1) “Division 2 of”;

(b) by omitting from sub-section (1) the definition of “gross fees”;

(c) by omitting from the definition of “nursing home fund benefit” in sub-section (1) “a qualified” and substituting “an insured”;

(d) by omitting the definition of “qualified nursing home patient” in sub-section (1) and substituting the following definition:

“‘qualified nursing home patient’ means a person who occupies a bed in an approved nursing home for the purpose of nursing home care, but does not include—

(a) a member of the staff of the nursing home receiving nursing home care in his own quarters;

(b) subject to sub-section (1c), a newly born child whose mother also occupies a bed in the nursing home; or

(e) by inserting in sub-section (1), after the definition of “registered organization”, the following definition:

“‘Repatriation nursing home patient’ means a patient who is receiving nursing home care in an approved nursing home in accordance with an arrangement entered into in pursuance of regulations in force under—

(a) the Repatriation Act 1920;

(b) the Seamen’s War Pensions and Allowances Act 1940;

(d) the Repatriation (Far East Strategic Reserve) Act 1956; or

(e) the Repatriation (Special Overseas Service) Act 1962;”;

(f) by adding at the end of sub-section (1) the following definition:

“‘uninsured nursing home patient’ means a qualified nursing home patient who is not an insured nursing home patient.”; and

(g) by omitting sub-section (1b) and substituting the following sub-sections:

“(1b) For the purposes of this Act, where—

(a) a qualified nursing home patient or a Repatriation nursing home patient is, or has been, a contributor, or is a dependant of a person who is, or has been, a contributor, to a hospital benefits fund conducted by a registered organization, being a contributor for benefits in accordance with the standard hospital benefits table; and

(b) the registered organization is required, in accordance with its rules, to pay to the proprietor of the nursing home, a benefit, in accordance with the standard hospital benefits table, in respect of the nursing home care received by the patient,

the patient shall be deemed to be an insured nursing home patient.

“(1c) For the purposes of the definition of ‘qualified nursing home patient’ in sub-section (1), where a mother and 2 or more newly born children of that mother occupy beds in an approved nursing home, one of those children, or each of those children in excess of one, shall be deemed to be a qualified nursing home patient.”.

Heading of Part V

5. The heading of Part V of the Principal Act is repealed and the following heading substituted:

“PART V—APPROVED NURSING HOMES”.

Repeal of Division 1 of Part V

6. Division 1 of Part V of the Principal Act is repealed.

Repeal of heading of Division 2 of Part V

7. The heading of Division 2 of Part V of the Principal Act is repealed.

8. Before section 40aa of the Principal Act the following section is inserted in Part V:

Interpretation

“39. In this Part, unless the contrary intention appears—

‘authorized’ means authorized by the Permanent Head;

‘Commonwealth benefit’ means an amount payable by the Commonwealth by way of benefit in accordance with Part Va.”.

Approval of nursing home

9. (1) Section 40aa of the Principal Act is amended—

(a) by omitting from sub-section (2) “Part” and substituting “Act”;

(b) by inserting after sub-section (5) the following sub-section:

“(5a) The approval of premises as an approved nursing home is subject to the following conditions:

(a) a condition that the proprietor of the nursing home will use all reasonable endeavours to ascertain whether a qualified nursing home patient or a Repatriation nursing home patient is an insured nursing home patient;

(b) a condition that, where a Commonwealth benefit or a nursing home fund benefit is payable, or has been paid, to the proprietor of the nursing home in respect of a patient for a period, the proprietor shall deduct the amount of that benefit from the fees charged in respect of nursing home care for that patient during that period;

(c) a condition that, where the proprietor of the nursing home has been paid a nursing home fund benefit in respect of a patient for a period and the proprietor has charged fees in respect of nursing home care for that patient during that period without deducting that nursing home fund benefit, the proprietor shall pay an amount equal to that nursing home fund benefit to the person to whom the fees were charged.’’;

(c) by inserting in paragraph (a) of sub-section (6) “or Repatriation nursing home patients” after “patients” (wherever occurring);

(d) by omitting from sub-paragraph (i) of paragraph (c) of sub-section (6) “gross fees” and substituting “fees charged”; and

(e) by inserting in paragraph (d) of sub-section (6) “or Repatriation nursing home patients” after “patients”

(2) The amendments made by sub-section (1) apply in relation to an approved nursing home, whether the approval was given before, or is given after, the commencement of this section

10. After section 40ae of the Principal Act the following sections are inserted:

Patients requiring extensive care

“40af (1) The proprietor of an approved nursing home may apply, in the authorized form, to the Permanent Head for his approval of a person as a person requiring extensive care

“(2) An application under sub-section (1) in respect of a person shall be accompanied by a certificate of a medical practitioner, in the authorized form, as to the need of the person for extensive care

“(3) Where the Permanent Head is satisfied that—

(a) the person in respect of whom the application is made requires extensive care; and

(b) the approved nursing home is adequately fitted, furnished and staffed for the purpose of providing persons with extensive care,

he may, for such period as he thinks proper, approve the person, in relation to that nursing home, as a person requiring extensive care

“(4) An approval under this section ceases to be in force at the expiration of the period specified in the approval but the Permanent Head may, at any time before the expiration of that period, review the approval and, if he considers that the person to whom the approval relates no longer requires or is not receiving extensive care, he may revoke the approval

“(5) In this section, ‘extensive care’ means nursing home care required by a person—

(a) who, by reason of infirmity, or any illness, disease, incapacity or disability, is bedridden or virtually bedridden and is wholly or substantially dependent on nursing care; or

(b) who is undergoing treatment for any illness, disease, incapacity or disability and, for the purposes of that treatment, is wholly or substantially dependent on nursing care.

Determination that patient be treated as uninsured nursing home patient

“40ag (1) Where the proprietor of an approved nursing home has used all reasonable endeavours to ascertain whether a qualified nursing home patient in the nursing home is an insured nursing home patient but has been unable to do so, the proprietor may make application to the Permanent Head for a determination under this section with respect to that patient.

“(2) An applicant under sub-section (1) shall submit with his application a statement of all the information in his possession that is relevant to the decision of the question whether the patient to whom the application relates is an insured nursing home patient.

Penalty: $100.

“(3) Where an applicant under sub-section (1) satisfies the Permanent Head that the applicant has used all reasonable endeavours to ascertain whether the patient to whom the application relates is an insured nursing home patient but has been unable to do so, the Permanent Head may, in his discretion, determine that, for the purposes of this Act, the patient shall be treated, on and after a date specified in the determination (which may be a date before the date of the making of the determination), as an uninsured nursing home patient.

“(4) If—

(a) at any time after the making of an application under sub-section (1) in respect of a qualified nursing home patient in a nursing home and before the Permanent Head has made a determination in respect of that patient or has refused to make such a determination; or

(b) at any time while a determination under sub-section (3) is in force in respect of a qualified nursing home patient in a nursing home,

the proprietor of the nursing home becomes aware of any fact that provides reasonable grounds for believing, or suspecting, that the patient may be an insured nursing home patient, the proprietor shall forthwith inform the Permanent Head, in writing, of that fact.

Penalty: $100.

“(5) Where the Permanent Head is satisfied that a qualified nursing home patient in respect of whom there is in force a determination under sub-section (3) is an insured nursing home patient, he shall revoke the determination and notify the proprietor of the nursing home concerned, in writing, accordingly.

“(6) A revocation under sub-section (5) may be expressed to take effect on and from a date before the date on which the revocation is made.”.

11. (1) Division 5 of Part V of the Principal Act is repealed and the following Part substituted:

“PART Va—COMMONWEALTH BENEFITS IN RESPECT OF

NURSING HOME CARE

Interpretation

“46. (1) In this Part, unless the contrary intention appears—

‘authorized’ means authorized by the Permanent Head;

‘Commonwealth benefit’ means an amount payable by the Commonwealth by way of benefit in accordance with this Part;

‘Commonwealth extensive care benefit’ means a Commonwealth benefit payable in pursuance of section 49.

“(2) For the purposes of this Part, the day of admission and the day of discharge or death of an uninsured nursing home patient shall be counted together as one day.

Basic benefit payable in respect of nursing home care

“47. (1) Subject to this Part and to Part Vc, there is payable to the proprietor of an approved nursing home, in respect of each uninsured nursing home patient, for each day (not being a day before the commencement of this section) on which the patient receives nursing home care in that nursing home a Commonwealth benefit of—

(a) where the nursing home is situated in the State of New South Wales—$13.65 or such higher amount as is prescribed from time to time;

(b) where the nursing home is situated in the State of Victoria—$19.65 or such higher amount as is prescribed from time to time;

(c) where the nursing home is situated in the State of Queensland—$11.80 or such higher amount as is prescribed from time to time;

(d) where the nursing home is situated in the State of South Australia—$17.40 or such higher amount as is prescribed from time to time;

(e) where the nursing home is situated in the State of Western Australia—$11.75 or such higher amount as is prescribed from time to time;

(f) where the nursing home is situated in the State of Tasmania—$14.85 or such higher amount as is prescribed from time to time;

(g) where the nursing home is situated in the Australian Capital Territory—$13.65 or such higher amount as is prescribed from time to time; or

(h) where the nursing home is situated in the Northern Territory—$17.40 or such higher amount as is prescribed from time to time.

“(2) Where—

(a) an uninsured nursing home patient referred to in sub-section (1) is receiving nursing home care in a nursing home that is not a Government nursing home; and

(b) the sum of—

(i) the amount of Commonwealth benefit that would, but for this sub-section, be payable in pursuance of sub-section (1) in respect of that patient for a day;

(ii) the amount (if any) of Commonwealth extensive care benefit in respect of that patient for that day; and

(iii) $6.70 or, if a higher amount is prescribed for the purposes of this sub-paragraph, the amount so prescribed,

exceeds the fees charged in respect of the nursing home care of that patient for that day,

the amount of Commonwealth benefit payable in pursuance of sub-section (1) shall be reduced by the amount of the excess.

“(3) Where an amount of Commonwealth benefit ascertained in accordance with sub-section (2) is not a multiple of 5 cents, the amount of benefit shall be increased to the nearest higher amount that is a multiple of 5 cents.

Payment of Commonwealth benefit to patient

“48. (1) Where the proprietor of a nursing home charges fees in respect of nursing home care for a patient during a period without deducting the amount of any Commonwealth benefit payable to him in respect of that patient for that period, the Permanent Head may, in his discretion, direct that the Commonwealth benefit so payable be not paid to the proprietor but be paid to the person to whom the fees were charged.

“(2) Where—

(a) the proprietor of a nursing home has been paid a Commonwealth benefit in respect of a patient for a period; and

(b) the proprietor has charged fees in respect of nursing home care for that patient during that period without deducting that Commonwealth benefit,

the proprietor shall, on demand by the Permanent Head, repay to the Commonwealth the amount of that Commonwealth benefit.

“(3) Where, at the expiration of 3 months after the making of a demand under sub-section (2), the proprietor has not complied with the demand, the amount to which the demand relates may be recovered by the Commonwealth as a debt due to the Commonwealth.

“(4) The Commonwealth shall pay any amount received by it under sub-section (2) or (3) to the person to whom the fees concerned were charged.

Extensive care benefit payable in respect of nursing home care

“49. Subject to this Part and to Part Vc, if on any day an approval under section 40af is in force in respect of an uninsured nursing home patient in relation to an approved nursing home, there is payable to the proprietor of that nursing home (in addition to any other Commonwealth benefit payable under this Part) in respect of that patient for that day a Commonwealth benefit of $6 or such higher amount as is prescribed from time to time.

Payment of Commonwealth benefit and nursing home fund benefit in respect of same patient for same period

“50. (1) Where the proprietor of a nursing home who has been paid a Commonwealth benefit in respect of a patient for a period receives, or, under the rules of a registered organization, becomes entitled to receive, a nursing home fund benefit in respect of that patient for that period, the proprietor shall notify the Permanent Head, in writing, accordingly.

Penalty: $100.

“(2) A proprietor referred to in sub-section (1) shall, on demand by the Permanent Head, repay to the Commonwealth the amount of Commonwealth benefit referred to in that sub-section.

Claims for benefits

“51. (1) For the purpose of obtaining payment of Commonwealth benefit, the proprietor of an approved nursing home shall, as soon as practicable after the end of each month or such other period as the Permanent Head approves, submit—

(a) a claim, in the authorized form, for Commonwealth benefit payable in respect of that month or that period; and

(b) such information relating to the claim as is shown in the authorized form to be required or as the Permanent Head requests.

“(2) Payment of Commonwealth benefit shall not be made except in respect of amounts included in a claim submitted in accordance with this section.”.

(2) Notwithstanding the repeal effected by sub-section (1), an approval in force under section 57a of the Principal Act immediately before the commencement of this section continues in force for the purposes of the National Health Act 1953 as if it had been given under section 40af of that Act.

Heading of Division 5b of Part V

12. The heading of Division 5b of Part V of the Principal Act is repealed and the following heading substituted:

“PART Vb—COMMONWEALTH BENEFITS WITH RESPECT

TO DOMICILIARY NURSING CARE”.

Interpretation

13. Section 58d of the Principal Act is amended by omitting “Division” and substituting “Part”.

Approval of person as approved person in relation to a patient

14. (1) Section 58e of the Principal Act is amended—

(a) by omitting from sub-section (1) “Division” and substituting “Part”; and

(b) by omitting from sub-section (3) “Division” and substituting “Part”.

(2) Notwithstanding the amendment made by sub-section (1), an approval in force under section 58e of the Principal Act immediately before the commencement of this section continues in force for the purposes of the National Health Act 1953 as if it had been given under section 58e of that Act, and a reference in an approval so continued in force to Division 5b of Part V of the National Health Act 1953 shall be read as a reference to Part Vb of that Act.

Heading of Division 6 of Part V

15. The heading of Division 6 of Part V of the Principal Act is repealed and the following heading substituted:

“PART Vc—ADMINISTRATION OF PARTS V, Va AND Vb”.

16. Before section 59 of the Principal Act the following section is inserted in Part Vc:

Interpretation

“58k In this Part, unless the contrary intention appears, ‘Commonwealth benefit’ means an amount payable by the Commonwealth by way of benefit in accordance with Part Va or Vb.”.

17. Section 60a of the Principal Act is repealed and the following sections substituted:

Direction that Commonwealth benefit or fund benefit not to be subject to reduction

“60a. Where the Permanent Head considers that the fees in respect of nursing home care for qualified nursing home patients in a nursing home are less than is appropriate, having regard to the standard of nursing home care provided in that nursing home and to any other matter that he considers relevant, the Permanent Head may, by instrument in writing, direct—

(a) that sub-section (2) of section 47 does not apply in relation to any of the uninsured nursing home patients in that nursing home; and

(b) that, for the purpose of calculating a nursing home fund benefit in accordance with sub-section (2) of section 73c, sub-section (2) of section 47 shall be taken not to apply in relation to any of the insured nursing home patients in that nursing home.

Information to be furnished by proprietor of approved nursing home

“60b. For the purpose of ascertaining whether the conditions to which the approval of a nursing home is subject are being complied with, the Permanent Head may, by notice in writing served personally or by post on the proprietor of the nursing home, request the proprietor to furnish to the Permanent Head or to an officer of the Department specified in the notice such information as the Permanent Head specifies, and the proprietor shall, within 28 days after the day on which the notice is served, furnish the information to the Permanent Head or to the specified officer.

Penalty: $100.”.

18. Section 62 of the Principal Act is repealed and the following section substituted:

Offences

“62. (1) A person—

(a) shall not make, either orally or in writing, a statement that he knows to be false or misleading in a material particular or does not believe to be true; or

(b) shall not present a document containing information that he knows to be false or misleading in a material particular or does not believe to be true,

in, in connexion with or in support of, an application for approval of a nursing home under Part V or a claim for Commonwealth benefit.

“(2) A person shall not, in pursuance of a request made under section 60b, furnish information that he knows to be false or misleading in a material particular or does not believe to be true.

Penalty: $200 or imprisonment for 6 months.’’.

Interpretation

19. Section 66 of the Principal Act is amended by inserting in sub-section (1), after the definition of “fund benefit”, the following definitions:

“‘insured nursing home patient’ includes a person who is an insured nursing home patient for the purposes of the Nursing Homes Assistance Act 1974;

“‘nursing home fund benefit’ includes an amount payable under the rules of a registered hospital benefits organization in respect of a person who is an insured nursing home patient for the purposes of the Nursing Homes Assistance Act 1974;”.

Conditions of registration of organization that may be imposed

20. Section 73a of the Principal Act is amended by omitting from sub-section (1) “73b” and substituting”73 or 73b”.

Conditions of registration

21. (1) Section 73ba of the Principal Act is amended by inserting after paragraph (c) the following paragraph:

“(ca) a condition that, where the organization conducts a hospital benefits fund, the organization will not offer to the contributors to that fund, whether on its own behalf or on behalf of another person or organization, health insurance in respect of nursing home care other than in accordance with the standard hospital benefits table;”.

(2) The amendment made by sub-section (1) applies in relation to a registered organization, whether the registration was effected before, or is effected after, the commencement of this section.

Reinsurance Account in hospital benefits fund

22. Section 73bb of the Principal Act is amended by inserting after sub-section (5) the following sub-section

“(5a) A registered organization may debit to the Reinsurance Account maintained by it in a hospital benefits fund the amounts of any payments of any nursing home fund benefits made out of that fund”.

23. Section 73c of the Principal Act is repealed and the following section substituted

Conditions of registration relating to nursing home care

“73c (1) Where an organization is registered as a hospital benefits organization, whether the registration was effected before, or is effected after, the commencement of this section, the registration shall be deemed to be subject to the condition that the rules of the organization will, at all times, include provision for the payment, out of the hospital benefits fund, or of each hospital benefits fund, conducted by the organization, to the proprietor of an approved nursing home (including a nursing home that is an approved nursing home for the purposes of the Nursing Homes Assistance Act 1974) of a benefit in respect of each day (not being a day before the commencement of this section) on which a patient, being a person who is a contributor, or a dependant of a contributor, to that fund, receives nursing home care in that nursing home, being a benefit calculated in accordance with sub-section (2).

“(2) The benefit referred to in sub-section (1) is an amount equal to the Commonwealth benefit that would be payable under this Act to the proprietor if—

(a) the patient were an uninsured nursing home patient;

(b) where the nursing home is an approved nursing home for the purposes of the Nursing Homes Assistance Act 1974—the nursing home were an approved nursing home for the purposes of this Act and sub-section (2) of section 47 did not apply in relation to the patient, and

(c) where the patient is the subject of an approval in force under section 13a of the Nursing Homes Assistance Act 1974—that approval were an approval under section 40af of this Act

“(3) The operation of the rules referred to in sub-section (1) is subject to any rule of the organization providing for a waiting period during which no benefit is payable in respect of a contributor or a dependant of a contributor

“(4) The operation of the rules referred to in sub-section (1) is subject to any rule of the organization providing for the calculation of a nursing home fund benefit in a case where the patient—

(a) is receiving nursing home care in the course of treatment of, or as a result of, an injury or disease, and

(b) has received, or established his right to receive, or may receive or establish his right to receive, in respect of that injury or disease, a payment by way of compensation or damages (including a payment in settlement of a claim for compensation or damages) under the law that is or was in force in a State or internal Territory.”.

Eighth Schedule repealed

24. The Eighth Schedule to the Principal Act is repealed.

Consequential amendments

25. The Principal Act is amended as set out in Schedule 1.

PART III—AMENDMENTS OF THE NURSING HOMES

ASSISTANCE ACT 1974

Citation

26. The Nursing Homes Assistance Act 1974 is in this Part referred to as the Principal Act.

Interpretation

27. Section 3 of the Principal Act is amended by inserting after sub-section (1) the following sub-section:

“(1a) For the purposes of this Act, a qualified nursing home patient in a nursing home in respect of which an agreement under section 15 is in force shall be deemed to be an insured nursing home patient if he would be an insured nursing home patient for the purposes of the National Health Act 1953 if that nursing home were an approved nursing home for the purposes of that Act.”.

Approval of nursing home

28. (1) Section 4 of the Principal Act is amended—

(a) by inserting after paragraph (b) of sub-section (6) the following paragraphs:

“(ba) a condition that the proprietor of the nursing home will use all reasonable endeavours to ascertain whether a qualified nursing home patient is an insured nursing home patient;

“(bb) a condition that, where a nursing home fund benefit, within the meaning of Part VI of the National Health Act 1953, is payable, or has been paid, to the proprietor of the nursing home in respect of a patient for a period, the proprietor shall deduct the amount of that benefit from the fees charged in respect of nursing home care for that patient during that period;

“(bc) a condition that, where the proprietor of the nursing home has been paid a nursing home fund benefit, within the meaning of Part VI of the National Health Act 1953, in respect of a patient for a period and the proprietor has charged fees in respect of nursing home care for that patient during that period without deducting that nursing home fund benefit, the proprietor shall pay an amount equal to that nursing home fund benefit to the person to whom the fees were charged;”;

(b) by omitting from sub-section (10) “Australia” and substituting “the Commonwealth”;

(d) by omitting from sub-paragraph (i) of paragraph (b) of sub-section (12) “Australia” (wherever occurring) and substituting “the Commonwealth”; and

(e) by omitting sub-paragraph (ii) of paragraph (b) of sub-section (12).

(2) The amendments made by sub-section (1) apply in relation to an approved nursing home, whether the approval was given before, or is given after, the commencement of this section.

Application of National Health Act

29. Section 5 of the Principal Act is amended by omitting from sub-section (1) “Division 2 of” (wherever occurring).

Fees

30. Section 13 of the Principal Act is amended—

(a) by omitting from sub-section (1) “Australia” and substituting “the Commonwealth”;

(b) by omitting from paragraph (d) of sub-section (1) “Australia’’ and substituting “the Commonwealth”;

“(1a) The form of agreement between the Commonwealth and the proprietor of a nursing home approved by the Minister under sub-section 12(1) shall also include provisions under which the proprietor is required to charge, in respect of each day on which an insured nursing home patient (other than a patient referred to in paragraph (1)(d) ) receives nursing home care in that nursing home, an additional fee equal to the nursing home fund benefit, within the meaning of Part VI of the National Health Act 1953, payable to the proprietor in respect of that patient for that day.”; and

(d) by omitting from sub-section (2) “Australia” and substituting “the Commonwealth”.

31. After section 13 of the Principal Act the following section is inserted:

Insured nursing home patients requiring extensive care

“13a. (1) The proprietor of an approved nursing home may apply, in the authorized form, to the Permanent Head for his approval of a person as a person requiring extensive care.

“(2) An application under sub-section (1) in respect of a person shall be accompanied by the certificate of a medical practitioner, in the authorized form, as to the need of the person for extensive care.

“(3) Where the Permanent Head is satisfied that—

(a) the person in respect of whom the application is made requires extensive care; and

(b) the approved nursing home is adequately fitted, furnished and staffed for the purpose of providing persons with extensive care,

he may, for such a period as he thinks proper, approve the person, in relation to that nursing home, as a person requiring extensive care.

“(5) In this section, ‘extensive care’ means nursing home care required by a person—

(a) who, by reason of infirmity, or any illness, disease, incapacity or disability, is bedridden or virtually bedridden and is wholly or substantially dependent on nursing care; or

(b) who is undergoing treatment for any illness, disease, incapacity or disability and, for the purposes of that treatment, is wholly or substantially dependent on nursing care.”.

Formal amendments

32. (1) The Principal Act is amended as set out in Schedule 2.

(2) Notwithstanding the amendments made by sub-section (1)—

(a) an approval of a form of agreement, being an approval in force under section 12 of the Principal Act immediately before the commencement of this section, continues in force as if it had been given under section 12 of the Nursing Homes Assistance Act 1974;

(b) an agreement in force under section 15 of the Principal Act immediately before the commencement of this section continues in force as if it had been made under section 15 of the Nursing Homes Assistance Act 1974,

and any reference in a form of agreement to which an approval referred to in paragraph (a) relates, or in an agreement to which paragraph (b) relates, to Australia shall be read as a reference to the Commonwealth.

SCHEDULE 1 Section 25

CONSEQUENTIAL AMENDMENTS OF NATIONAL HEALTH ACT 1953

Provision	Amendment
Section 44(1).............	Omit “Division”, substitute “Part”
Section 45(1).............	Omit ‘‘Division”, substitute “Part”
Section 59(1)(a)............	Omit “a qualified”, substitute “an uninsured”
Section 73bg(1) and (3).......	Omit “Part V”, substitute “Part Va”
Section 82(4)(a)............	Omit “Division 5 of Part V”, substitute “Part Va”
Section 112b..............	Omit “Part III or Part V”, substitute “Part Va or Vb”
Section 139a(1)(a)..........	Omit “Part V”, substitute “this Act”

SCHEDULE 2 Section 32

FORMAL AMENDMENTS OF NURSING HOMES ASSISTANCE ACT 1974

1. The following provisions are amended by omitting “Australia” (wherever occurring) and substituting “the Commonwealth”

Sections 3(1) (definition of “Government nursing home”), 6(6), 12(1), (2)(c), (2)(d) and (3), 14(1), 15(1), 17 and 28

2. Section 3 is amended by omitting from paragraph (a) of the definition of “eligible organization” in sub-section (1) “Australian Government” and substituting “Government of the Commonwealth”