NATIONAL HEALTH.
No. 37 of 1964.
An Act to amend the National Health Act 1953-1963.
[Assented to 28th May, 1964.]
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 and citation.
1.—(1.) This Act may be cited as the National Health Act 1964.
(2.) The National Health Act 1953-1963 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the National Health Act 1953-1964.
Commencement.
2.—(1.) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.
(2.) Sub-section (1.) of section three of this Act shall come into operation on the first day of July, One thousand nine hundred and sixty-four.
(3.) Sub-section (2.) of section three, sections five to thirteen (inclusive) and sections fifteen, sixteen and twenty-four of this Act shall come into operation on the first day of June, One thousand nine hundred and sixty-four.
Interpretation.
3.—(1.) Section four of the Principal Act is amended—
(a) by omitting paragraph (a) of the definition of “hospital” in sub-section (1.) and inserting in its stead the following paragraph:—
“(a) an institution carried on exclusively or principally for the care and treatment of mentally ill or mentally defective persons, being an institution conducted by, or in receipt of a grant for maintenance from, a State;”; and
(b) by omitting paragraph (a) of the definition of “nursing home” in sub-section (1.) and inserting in its stead the following paragraph:—
“(a) an institution carried on exclusively or principally for the care and treatment of mentally ill or mentally defective persons, being an institution conducted by, or in receipt of a grant for maintenance from, a State; or”.
(2.) Section four of the Principal Act is amended by omitting sub-section (3.) and inserting in its stead the following subsections:—
“(3.) Where an anaesthetic is administered to a patient—
(a) pre-medication of the patient in preparation for the administration of the anaesthetic; and
(b) pre-operative examination of the patient in preparation for the administration of the anaesthetic, being an examination carried out during the attendance at which the anaesthetic is administered,
shall, for the purposes of this Act, be deemed to form part of the medical service constituted by the administration of the anaesthetic.
“(4.) In this Act, a reference to a professional attendance or to an attendance is a reference to an attendance by a medical practitioner on a patient (including an attendance at the medical practitioner’s rooms or surgery), other than an attendance at which an examination of the patient’s eyes is made in consequence of which spectacle lenses are prescribed.”.
4. After section nine of the Principal Act the following sections are inserted:—
Hearing aids.
“9a.—(1.) The Minister may, through any acoustic laboratory established under the Acoustic Laboratories Act 1948 or in any other way, arrange for the supply by the Commonwealth of hearing aids to persons under the age of twenty-one years and suffering from defective hearing, and for the maintenance of hearing aids so supplied.
“(2.) A hearing aid supplied to a person under the last preceding sub-section remains the property of the Commonwealth.
“(3.) For the purposes of section one hundred and thirty-seven of this Act, any expenditure incurred by or on behalf of the Commonwealth in purchasing or otherwise obtaining hearing aids to be supplied under this section shall be deemed not to be expenditure of a capital nature.
Poliomyelitis vaccine.
“9b. The Minister may provide, or arrange for the provision of, vaccine for the purpose of immunizing persons against poliomyelitis.”.
Interpretation.
5. Section thirteen of the Principal Act is amended—
(a) by omitting from sub-section (1.) the definition of “contributor” and inserting in its stead the following definition:—
“‘contributor’ means a person who pays contributions, or on whose behalf contributions are paid, to the medical benefits fund conducted by a registered medical benefits organization, being a person—
(a) who is, if there is rendered to him by or on behalf of a medical practitioner any one of all the medical services that were specified in the First Schedule to this Act as in force immediately before the first day of June, One thousand nine hundred and sixty-four, entitled, subject to the rules of the registered organization—
(i) to receive from the registered organization a fund benefit of an amount equal to, or greater than, the amount that was specified in that Schedule in relation to the medical service; or
(ii) to have the medical service provided without charge by or on behalf of a medical practitioner under a contract arrangement; or
(b) by whom or on whose behalf contributions to that medical benefits fund have been continuously payable from a date as at which he was a contributor within the meaning of the definition of ‘contributor’ that was in force for the purposes of this Part at that date,
and, except in relation to the payment of contributions, includes a dependant of such a person;”;
(b) by omitting from sub-section (1.) the definition of “professional service” and inserting in its stead the following definition:—
“‘professional service’ means a medical service specified in the Schedule to this Act that is rendered by or on behalf of a medical practitioner;”; and
(c) by omitting from sub-section (2.) the word “professional” (wherever occurring) and inserting in its stead the word “medical”.
Commonwealth benefit payable in respect of services specified in the Schedule.
6. Section fourteen of the Principal Act is amended by omitting sub-section (1.) and inserting in its stead the following subsection:—
“(1.) Where medical expenses are incurred by a contributor in respect of a professional service rendered to the contributor or to a dependant of the contributor, Commonwealth benefit of the amount specified in the Schedule to this Act in relation to that service is payable subject to and in accordance with the provisions of this Part.”.
Medical service not specified in Schedule.
7.—(1.) Section fifteen a of the Principal Act is amended by omitting sub-section (1.) and inserting in its stead the following sub-section:—
“(1.) Where a medical service is not specified in any of Parts 2 to 10 (inclusive) of the Schedule to this Act, the Minister may, by writing under his hand, determine an amount not exceeding Thirty pounds to be the appropriate amount of Commonwealth benefit in respect of that medical service and, where a contributor incurs or has incurred medical expenses in respect of the rendering by or on behalf of a medical practitioner of that medical service while the determination is in operation or is deemed to have been in operation—
(a) that medical service shall be deemed to be a medical service specified in the Schedule to this Act; and
(b) the amount specified in the determination shall be deemed to be specified in that Schedule in relation to that medical service.”.
(2.) Notwithstanding the amendment made by the last preceding sub-section, section fifteen a of the Principal Act continues in force for the purpose of determining an amount of Commonwealth benefit in respect of a medical service where a contributor has incurred medical expenses in respect of the rendering by or on behalf of a medical practitioner of that medical service before the commencement of this sub-section.
Amount of Commonwealth benefit payable where two or more operations are performed.
8. Section sixteen of the Principal Act is amended—
(a) by omitting from sub-section (1.) the words “First or Second”;
(b) by omitting from sub-section (1.) the words “either of those Schedules” (wherever occurring) and inserting in their stead the words “that Schedule”;
(c) by omitting from sub-section (1.) the words “Twenty-two pounds ten shillings” (wherever occurring) and inserting in their stead the words “Thirty pounds”; and
(d) by omitting sub-section (2.) and inserting in its stead the following sub-sections:—
“(2.) This section does not apply in relation to an operation, being one of two or more operations performed under the one anaesthetic on the same contributor, if the medical practitioner who performed the operation—
(a) did not perform, or assist at, the other operation or any of the other operations; and
(b) did not administer the anaesthetic.
“(3.) In this section, ‘operation’ includes—
(a) a Caesarean section; and
(b) the treatment of a dislocation or fracture,
but does not include a medical service specified in Division 2 of Part 10 of the Schedule to this Act.”.
Administration of anaesthetic and assistance at operations.
9. Section seventeen of the Principal Act is amended by omitting sub-sections (2.) and (3.) and inserting in their stead the following sub-sections:—
“(2.) Commonwealth benefit in respect of assistance at an operation is not payable if the assistance is rendered by the anaesthetist or a medical practitioner assisting the anaesthetist.
“(3.) Where an amount of Commonwealth benefit is specified in the Schedule to this Act in respect of—
(a) assistance at an operation;
(b) the administration of an anaesthetic; or
(c) assistance in the administration of an anaesthetic,
the amount so specified is the amount payable whether the assistance is rendered or the anaesthetic is administered by one or more than one medical practitioner.”.
Post-operative treatment deemed to form part of medical service.
10. Section eighteen of the Principal Act is amended by omitting the words “a professional service specified in Part 1 of the First Schedule” and inserting in their stead the words “a medical service specified in Part 1 of the Schedule”.
Commonwealth benefit not payable where medical expenses are payable to public hospitals.
11. Section nineteen of the Principal Act is amended by omitting from sub-section (2.) the definition of “professional service” and inserting in its stead the following definition:—
“‘professional service’ does not include a medical service specified in items sixty-three to sixty-six (inclusive) in Part 6 of the Schedule to this Act or in any item in Part 7 or 8 of that Schedule;”.
Payment of Commonwealth benefit.
12. Section twenty-three of the Principal Act is amended by omitting from sub-section (2.) the words “specified in the First or Second Schedule to this Act”.
Commonwealth benefit in case of contract arrangements.
13. Section twenty-five of the Principal Act is amended by omitting sub-section (1.) and inserting in its stead the following sub-section:—
“(1.) Where some or all professional services are provided for contributors under a contract arrangement made by a registered medical benefits organization to which those contributors pay contributions, the Minister may, in his discretion, authorize payment to the organization of an amount not exceeding one-half of the payments made by the organization to medical practitioners under the contract arrangement.”.
14. After section forty-nine of the Principal Act the following section is inserted:—
Payment contributor in certain circumstances.
“49a. Where—
(a) Commonwealth benefit is payable, under this Division, in respect of hospital treatment received by a contributor: and
(b) the Director-General is satisfied that an amount equal to the amount of that benefit has not been paid by an organization to the contributor or to the proprietor of the hospital, whether on behalf of the contributor or not, as provided by section forty-seven of this Act,
the Director-General may authorize payment of the amount of the Commonwealth benefit to the contributor or to the proprietor of the hospital on behalf of the contributor.”.
Interpretation.
15. Section sixty-six of the Principal Act is amended by omitting from sub-section (1.) the definition of “standard rate benefit” and inserting in its stead the following definition:—
“‘standard rate benefit’ means—
(a) in relation to medical fund benefit—medical fund benefits in respect of all the medical services specified in the Schedule to this Act, being benefits equal in amounts to the amounts respectively specified in that Schedule in relation to those medical services; and
(b) in relation to hospital fund benefit—hospital fund benefit at the rate of Sixteen shillings per day;”.
16. Section sixty-seven of the Principal Act is repealed and the following section inserted in its stead:—
Eligibility of organizations for registration for purposes of Part III.
“67. An organization the rules of which provide that, subject to those rules, if a person who contributes to the medical benefits fund of the organization or the spouse or dependant of such a
person has any one of all the medical services that were specified in the First Schedule to this Act as in force immediately before the first day of June, One thousand nine hundred and sixty-four, rendered to him by or on behalf of a medical practitioner—
(a) there shall be paid to that person a medical fund benefit of an amount equal to, or greater than, the amount that was specified in that Schedule in relation to the medical service; or
(b) the medical service shall be provided without charge under a contract arrangement,
is eligible to apply for registration as a registered medical benefits organization.”.
Eligibility of organizations for registration for purposes of Part V.
17. Section sixty-eight of the Principal Act is amended by omitting sub-section (1.) and inserting in its stead the following sub-section:—
“(1.) An organization the rules of which provide for payment of a hospital fund benefit of an amount of not less than Sixteen shillings per day in respect of the hospital treatment of a contributor to its funds is eligible to apply for registration as a registered hospital benefits organization.”.
18.—(1.) After section seventy-three of the Principal Act, the following section is inserted:—
Conditions of registration of organizations.
“73a.—(1.) The conditions that the Minister may impose under the last preceding section include the following conditions:—
(a) a condition that the organization will not enter into a refund agreement or become an agent of a party to a refund agreement for the purposes of the refund agreement; and
(b) a condition that the organization will keep a record, in a form approved by the Director-General, of the names and addresses, being addresses last known to the organization, of all members of the organization who were, immediately before the commencement of this section, and have continued to be, parties to refund agreements with registered organizations.
“(2.) In this section, ‘refund agreement’ has the same meaning as in Part VII.”.
(2.) The conditions specified in the section inserted by the last preceding sub-section shall, for the purposes of the Principal Act, as amended by this Act, be deemed to be, or to be included in, the conditions subject to which each organization that is a registered organization on the date of commencement of this sub-section is registered.
Interpretation.
19. Section eighty-four of the Principal Act is amended—
(a) by inserting in sub-section (1.), after the definition of “brand”, the following definition:—
“‘friendly society body’ means a body (whether corporate or unincorporate) carrying on business for the benefit of members of a friendly society or friendly societies;”;
(b) by inserting in sub-section (1.), after the definition of “pharmaceutical benefit”, the following definition:—
“‘refund agreement’ means an agreement or arrangement under which a payment may be made by or at the direction of a person to another person in the event of the other person being charged an amount in respect of the supply of a pharmaceutical benefit;”; and
(c) by inserting after sub-section (1.) the following subsection :—
“(1a.) Where a refund agreement was entered into before the twenty-fourth day of April, One thousand nine hundred and sixty-four, and, on or after that date—
(a) the agreement was or is renewed on or before the date on which it would, but for that renewal, have expired;
(b) the period of operation of the agreement was or is extended on or before the date on which it would, but for that extension, have expired; or
(c) the rights and obligations under the agreement of the party by or at whose direction payments may be made under the agreement were or are transferred to another person,
the renewal, extension or transfer shall, for the purposes of this Act, be deemed not to have been or to be an entering into a new agreement.”.
20.—(1.) Section ninety-one of the Principal Act is repealed and the following section inserted in its stead:—
Friendly society dispensaries.
“91.—(1.) In this section, ‘friendly society dispensary’ means a pharmaceutical chemist, being a friendly society or a friendly society body.
“(2.) Subject to the next succeeding sub-section, the approval, under the last preceding section, of a friendly society dispensary as a pharmaceutical chemist in respect of particular premises (whether granted before or after the commencement of this section) is an approval to supply pharmaceutical benefits to persons generally at or from those premises and that friendly society dispensary is entitled to supply pharmaceutical benefits to persons generally at or from those premises.
“(3.) Where—
(a) approval is granted under the last preceding section to a pharmaceutical chemist, being a friendly society dispensary, in respect of premises in a State; and
(b) at the time the approval is granted, the number of premises in that State in respect of which approvals for the supply of pharmaceutical benefits generally are in force in favour of pharmaceutical chemists, being friendly society dispensaries, is not less than the number of such premises on the date of commencement of this section,
the approval referred to in paragraph (a) of this sub-section is an approval to supply pharmaceutical benefits at or from the premises in respect of which the approval is granted—
(c) where the approved pharmaceutical chemist is a friendly society—to the members of the friendly society, to their spouses and to their children under the age of sixteen years, only; and
(d) where the approved pharmaceutical chemist is a friendly society body—to the members of the friendly society, or of any of the friendly societies, for the benefit of whom the body is carrying on business, to their spouses and to their children under the age of sixteen years, only.”.
(2.) Where an approval under section ninety of the National Health Act 1953, or that Act as amended at any time, that—
(a) was granted before the twenty-fourth day of April, One thousand nine hundred and sixty-four; and
(b) is in force on the date of commencement of this subsection,
is not an approval to supply pharmaceutical benefits to persons generally, the approval shall, by force of this sub-section, be deemed to be an approval to supply pharmaceutical benefits to persons generally at or from the premises in respect of which the approval is in force.
21. Section ninety-two a of the Principal Act is repealed and the following sections are inserted in its stead:—
Approvals to be subject to conditions.
“92a.—(1.) The approval of a pharmaceutical chemist or a medical practitioner for the purposes of this Part (including an approval granted before the commencement of this section and an approval of a person or body referred to in section eighty-three of this Act) is, by force of this section, subject to the following conditions:—
(a) a condition that the approved pharmaceutical chemist or approved medical practitioner will not, by advertisement, notice or otherwise, state or indicate that he is willing to supply all or any pharmaceutical benefits to all or any persons without charge or for a charge that is less than the maximum charge that he may make without contravening section eighty-seven of this Act;
(b) a condition that, where the approved pharmaceutical chemist or approved medical practitioner makes, by advertisement, notice or otherwise, a statement with respect to the charge for which he is willing to supply, or with respect to his willingness to supply without charge, drugs or medicinal preparations generally or a class of drugs or medicinal preparations, he will indicate in the statement whether or not the statement relates to the supply of pharmaceutical benefits;
(c) a condition that the approved pharmaceutical chemist or approved medical practitioner will not follow a practice of supplying all or any pharmaceutical benefits to all or any persons without charge or for a charge that is less than the maximum charge that he may make without contravening section eighty-seven of this Act;
(d) a condition that the approved pharmaceutical chemist or approved medical practitioner will not enter into a refund agreement or become an agent of a party to a refund agreement for the purposes of the refund agreement; and
(e) a condition that the approved pharmaceutical chemist, being a friendly society or a friendly society body, will keep a record, in a form approved by the Director-General, of the names and addresses, being addresses last known to the pharmaceutical chemist, of all members—
(i) where the pharmaceutical chemist is a friendly society—of the friendly society; or
(ii) where the pharmaceutical chemist is a friendly society body—of the friendly society, or of any of the friendly societies, for the benefit of the members of which the pharmaceutical chemist is carrying on business,
who were, immediately before the twenty-fourth day of April, One thousand nine hundred and sixty-four, and have continued to be, parties to agreements or arrangements under which contributions were and are payable by those members or on their behalf to friendly societies, or to friendly society bodies, for the purpose of obtaining benefits in respect of medicines.
“(2.) The conditions specified in paragraphs (a), (b) and (c) of the last preceding sub-section do not apply in relation to—
(a) the supply, or a statement relating to the supply, of pharmaceutical benefits upon prescriptions that are marked, in accordance with the regulations, as prescriptions in respect of pensioners;
(b) the supply, or a statement relating to the supply, of pharmaceutical benefits by a friendly society or by a friendly society body to members—
(i) in the case of a friendly society—of the friendly society; or
(ii) in the case of a friendly society body—of the friendly society, or of any of the friendly societies, for the benefit of the members of which the friendly society body is carrying on business,
who were, immediately before the twenty-fourth day of April, One thousand nine hundred and sixty-four, and have continued to be, parties to agreements or arrangements under which contributions were and are payable by those members or on their behalf to friendly societies, or to friendly society bodies, for the purpose of obtaining benefits in respect of medicines; or
(c) the supply, or a statement relating to the supply, of pharmaceutical benefits by a friendly society or by a friendly society body to the spouses, or to the children under the age of sixteen years, of members referred to in the last preceding paragraph.
“(3.) For the purposes of sections ninety-five and ninety-seven of this Act, any conduct of an approved pharmaceutical chemist or an approved medical practitioner that is a contravention of the conditions specified in this section shall be deemed to be conduct that is an abuse of his approval.
Persons not to enter into certain refund agreements.
“92b. A person shall not enter into a refund agreement, being a contract of insurance, under which he is an insurer.
Penalty: Five pounds.”.
Powers of authorized persons.
22. Section one hundred and four of the Principal Act is amended by inserting after sub-section (1.) the following subsection:—
“(1a.) For the purpose of ascertaining whether section ninety-two b of this Act is being complied with, an authorized person may—
(a) enter at all reasonable times the premises of a person who holds himself out as being willing to enter into an agreement or arrangement under which a payment may be made, by or at the direction of the person, to another person in the event of the other person being charged an amount in respect of the supply of a pharmaceutical benefit;
(b) make such examination or inquiry of any person as he thinks fit; and
(c) take from a person referred to in paragraph (a) of this sub-section a book, document or writing in his possession or custody.”.
Interpretation.
23. Section one hundred and seven of the Principal Act is amended by omitting sub-section (2.) and inserting in its stead the following sub-section:—
“(2.) For the purposes of this Part—
(a) the Australian Capital Territory shall be deemed to be part of the State of New South Wales; and
(b) the Northern Territory of Australia shall be deemed to be part of the State of South Australia.”.
The Schedule.
24. The Schedules to the Principal Act are repealed and the following Schedule is inserted in their stead:—
THE SCHEDULE. Section 14.
Medical Services in respect of which Commonwealth Benefits are Payable.
| Item No. | Medical Service. | Commonwealth Benefit. |
| | Part 1.—Professional Attendances not Covered by an Item in any other Part of this Schedule. | | | |
| | | £ | s. | d. |
| 1. | Professional attendance by a medical practitioner other than a specialist in the practice of his specialty—each attendance..................................................................................... | | 8 | 0 |
| 2. | Professional attendance by a specialist in the practice of his specialty where patient is referred by another medical practitioner—for the first attendance...................................... | 1 | 5 | 0 |
| 3. | Professional attendance by a specialist in the practice of his specialty where patient is referred by another medical practitioner—for each attendance subsequent to the first during a single course of treatment..................................................................................................................... | | 12 | 0 |
| 4. | Professional attendance by a specialist in the practice of his specialty where patient is not referred by another medical practitioner— each attendance................................................. | | 8 | 0 |
| | Part 2.—Midwifery. | | | |
| | Division 1.—General. | | | |
| 9. | Antenatal care (not including any service or services covered by item 12, 18. 19, 21 or 22 in this Schedule), where attendances do not exceed ten—each attendance.............. | | 8 | 0 |
| 10. | Antenatal care (not including any service or services covered by item 12, 18, 19, 21 or 22 in this Schedule), where attendances exceed ten............................................................. | 4 | 0 | 0 |
| 11. | Confinement and postnatal care for nine days (not including any service or services covered by item 12, 20, 21, 23, 24 or 25 in this Schedule), where the medical practitioner has not given the antenatal care............................................................................................................................... | 5 | 0 | 0 |
| 12. | Antenatal care, confinement and postnatal care for nine days (not including any service or services covered by Division 2 of this Part).......................................................................... | 7 | 10 | 0 |
| 13. | Caesarean section and postnatal care for nine days............................................... | 12 | 10 | 0 |
| | Division 2.—Special Services. | | | |
| 18. | Pre-eclampsia, eclampsia or antepartum haemorrhage, treatment of—each attendance | | 8 | 0 |
| 19. | Threatened abortion, threatened miscarriage or hyperemesis gravidarum, requiring admission to hospital, treatment of—each attendance.............................................................. | | 8 | 0 |
| 20. | Postpartum haemorrhage requiring special procedures such as packing, treatment of | 2 | 0 | 0 |
| 21. | Surgical induction of labour......................................................................................... | 2 | 0 | 0 |
| 22. | Version, external or internal, under anaesthesia....................................................... | 2 | 0 | 0 |
| 23. | Third degree tear, repair of............................................................................................ | 3 | 10 | 0 |
| 24. | Evacuation by manual removal of the products of conception such as retained foetus, placenta, membranes or mole................................................................................................... | 2 | 10 | 0 |
| 25. | Decapitation, craniotomy, cleidotomy or evisceration of foetus or any two or more of those services....................................................................................................................................... | 7 | 10 | 0 |