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Home Nursing Subsidy Act 1956

Authoritative Version
Act No. 84 of 1956 as made
An Act to provide for the Grant of Subsidies to Home Nursing Organizations.
Administered by: Health
Date of Assent 08 Nov 1956
Date of repeal 17 Nov 2009
Repealed by Statute Stocktake (Regulatory and Other Laws) Act 2009

HOME NURSING SUBSIDY.

 

No. 84 of 1956.

An Act to provide for the Grant of Subsidies to Home Nursing Organizations.

[Assented to 8th November, 1956.]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

1. This Act may be cited as the Home Nursing Subsidy Act 1956.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Definitions.

3. In this Act, unless the contrary intention appears—

“eligible organization” means an organization which is eligible for a subsidy by virtue of section five of this Act;

“home nursing service” means a service for the provision of the professional services of nurses to persons by visits to the homes or other places of residence of those persons;

“nurse” means a person registered under a law of a State or of a Territory of the Commonwealth forming part of the Commonwealth as a person qualified to engage in the nursing profession or a branch of that profession;

“organization” means a society, body or group of persons, whether corporate or unincorporate;

“State assistance” means a payment to an organization by the Government of a State or by a local governing body or other authority established by or under a State Act;

“subsidy” means subsidy under this Act.

Delegation.

4.—(1.) The Minister may, either generally or in relation to a matter or a class of matters or to a State or part of the Commonwealth, by writing under his hand, delegate any of his powers and functions under this Act (except this power of delegation) to the Director-General of Health or to an officer of the Commonwealth Department of Health.

(2.) A power or function so delegated may be exercised or performed by the delegate either generally, or with respect to the matter, or to the matters included in the class of matters, or with respect to the State or part of the Commonwealth, specified in the instrument of delegation, as the case may be.


 

(3.) A delegation under this section is revocable at will and does not prevent the exercise of a power or the performance of a function by the Minister.

Eligibility for subsidy.

5.—(1.) Subject to this section, an organization which conducts a home nursing service and is carried on otherwise than for the purpose of profit or gain to its individual members is eligible for a subsidy.

(2.) An organization conducted or controlled by the Government of a State is not eligible for a subsidy.

(3.) The last preceding sub-section does not apply in relation to an organization administering a public hospital, or an organization conducted or controlled by such an organization.

Grants of subsidies.

6.—(1.) Where an eligible organization receives or is to receive State assistance in a year in respect of a home nursing service conducted by the organization, the Minister may, in his discretion, grant to that organization a subsidy for that year in respect of that service.

(2.) The amount of a subsidy for a year—

(a) shall not exceed the amount of the State assistance received or to be received by the eligible organization in respect of the home nursing service in that year; and

(b) shall, subject to the last preceding paragraph and to the regulations, be determined by the Minister.

(3.) Subject to the regulations, a subsidy may be granted upon such terms and conditions as the Minister determines.

(4.) A subsidy shall be paid in such instalments and in such manner as the Minister directs.

Payments to be made out of the National Welfare Fund.

7. Payments of subsidies shall be made out of the Trust Account established under the National Welfare Fund Act 1943–1952 and known as the National Welfare Fund.

Regulations.

8. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and, in particular, for prescribing matters relating to—

(a) the method of determining the amounts of subsidies; and

(b) the terms and conditions upon which subsidies may be granted.