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Home Nursing Subsidy Act 1956

Act No. 84 of 1956 as amended, taking into account amendments up to Act No. 155 of 1988
An Act to provide for the Grant of Subsidies to Home Nursing Organisations
Administered by: Health
Start Date 26 Dec 1988
End Date 17 Nov 2009
Date of repeal 17 Nov 2009
Repealed by Statute Stocktake (Regulatory and Other Laws) Act 2009

Home Nursing Subsidy Act 1956

Act No. 84 of 1956 as amended

[Note: This Act was repealed by Act No. 111 of 2009 on 17 November 2009]

This compilation was prepared on 31 August 2001
taking into account amendments up to Act No. 155 of 1988

The text of any of those amendments not in force
on that date is appended in the Notes section

Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra

  

  

  


Contents

1............ Short title [see Note 1]....................................................................... 1

2............ Commencement [see Note 1].............................................................. 1

3............ Interpretation...................................................................................... 1

4............ Delegation........................................................................................... 3

5............ Eligibility for subsidy......................................................................... 3

6............ Grants of subsidies............................................................................. 4

6A......... Advances............................................................................................ 8

7............ Appropriation.................................................................................... 9

Notes                                                                                                                                            11


An Act to provide for the Grant of Subsidies to Home Nursing Organisations

 

 

1  Short title [see Note 1]

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

2  Commencement [see Note 1]

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

3  Interpretation

                   In this Act, unless the contrary intention appears:

base amount, in relation to the provision in a State of a home nursing service by an eligible organisation, means the amount ascertained to be the base amount in accordance with subsection 6(4) in relation to that organisation and that State.

base year means the financial year commencing on 1 July 1984.

eligible organisation means an organisation that is eligible for a subsidy by virtue of section 5.

first relevant period means the period commencing on the prescribed commencement day and ending on 30 June 1986.

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.

index number, in relation to a State in which an eligible organisation provides a home nursing service, means:

                     (a)  the hourly award rates of pay for adult wage earners index number for the community services industry for that State as provided by the Australian Statistician in respect of each month of March; or

                     (b)  the All Groups Consumer Price Index number (excluding hospital and medical services) for the capital city of that State as provided by the Australian Statistician in respect of each March quarter.

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

organisation means a society, body or group of persons, whether corporate or unincorporate.

prescribed commencement day means the day on which the Home and Community Care (Miscellaneous Amendments) Act 1985 receives the Royal Assent.

relevant period means:

                     (a)  the first relevant period;

                     (b)  the second relevant period; or

                     (c)  the financial year commencing on 1 July 1987 or any subsequent financial year.

second relevant period means the financial year commencing on 1 July 1986.

State assistance means a payment to an organisation 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.

             (2)  Subject to subsection (3), if at any time, whether before or after the prescribed commencement day, the Australian Statistician has provided or provides an index number for a State in respect of a March quarter or in respect of a month of March in substitution for an index number previously provided for that State in respect of that quarter or that month, the first‑mentioned index number shall be disregarded for the purposes of section 6.

             (3)  If at any time, whether before or after the prescribed commencement day, the Australian Statistician has changed or changes the reference base for an index number for a State then, for the purposes of the application of section 6 after the change took place or takes place, regard shall be had only to the index number for that State provided in terms of the new reference base.

             (4)  In determining the proportion that one period bears to another period:

                     (a)  a period consisting of a number of whole weeks and a part of a week shall be treated as if it were a period consisting of that number of whole weeks increased by one; and

                     (b)  a period consisting of a part only of one week shall be treated as if it were a period of a week.

             (5)  For the purposes of subsection 6(7) where:

                     (a)  the total period consists of a number of whole weeks and a part of a week—the total period shall be treated as if it were a period consisting of that number of whole weeks increased by one; and

                     (b)  the total period consists of a part only of a week—the total period shall be treated as if it were a period of a week.

4  Delegation

             (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 Secretary to the Department, to an officer of the Department or to a person performing the duties of an office in the Department.

             (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.

5  Eligibility for subsidy

             (1)  Subject to this section, an organisation which provides 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 organisation conducted or controlled by the Government of a State is not eligible for a subsidy.

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

6  Grants of subsidies

             (1)  Subject to this Act, where an eligible organisation that provides a home nursing service in a State during a relevant period receives or is to receive State assistance in respect of that relevant period in respect of the provision of that home nursing service, the Minister may grant a subsidy to that organisation in respect of the provision of that service in respect of that relevant period.

             (2)  The Minister shall not grant a subsidy under this Act to an eligible organisation in respect of the provision by that organisation of a home nursing service in a State:

                     (a)  where that service was provided in a relevant period, or in a part of a relevant period, that occurs on or after the day on which an agreement substantially in accordance with the form contained in the Schedule to the Home and Community Care Act 1985 was, or is, entered into between the Commonwealth and that State; or

                     (b)  if, in circumstances to which paragraph (a) does not apply, that home nursing service was first provided by that eligible organisation in that State on or after the prescribed commencement day.

             (3)  The amount of subsidy payable to an eligible organisation in respect of the provision in a State of a home nursing service by that organisation in a relevant period shall be determined by the Minister but shall not exceed:

                     (a)  where the home nursing service was provided by an eligible organisation in that State during the base year—an amount equal to the lesser of:

                              (i)  the amount of State assistance received or to be received by that eligible organisation in respect of the provision in that State of that home nursing service in that relevant period; and

                             (ii)  the amount that is:

                                        (A)  where the relevant period is the first relevant period—subject to subsection (8), the product of the adjustment factor and the amount that bears the same proportion to the base amount in respect of that organisation and that State of that home nursing service as the first relevant period bears to a period of 52 weeks;

                                        (B)  where the relevant period is the second relevant period—the product of the adjustment factor and the amount that bears the same proportion to the amount calculated in accordance with sub-subparagraph (A) in respect of the provision in that State of that home nursing service in the first relevant period as a period of 52 weeks bears to the first relevant period; or

                                        (C)  where the relevant period is neither the first nor the second relevant period—the product of the adjustment factor and the amount calculated in accordance with whichever of sub-subparagraph (B) or this sub-subparagraph (in a previous application of this subsection) applies in respect of the provision in that State of that home nursing service in the immediately preceding relevant period; and

                     (b)  where the home nursing service was first provided by that eligible organisation in that State in the period commencing on 1 July 1985 and ending on the day before the prescribed commencement day (in this paragraph referred to as the prescribed period—an amount equal to the lesser of:

                              (i)  the amount of State assistance received or to be received by the eligible organisation in respect of the provision in that State of that home nursing service in that relevant period; and

                             (ii)  the amount:

                                        (A)  where the relevant period is the first relevant period—that bears the same proportion to the amount of subsidy granted or to be granted to that eligible organisation in respect of the provision in that State of that home nursing service in the prescribed period, or in the part of that period during which the service was provided, as the first relevant period bears to the prescribed period, or to the part of that period during which that service was provided, as the case may be; or

                                        (B)  where the relevant period is the second or a subsequent relevant period—that bears the same proportion to the amount ascertained in accordance with sub-subparagraph (A) in respect of the provision in that State of that home nursing service in the first relevant period as a period of 52 weeks bears to the first relevant period.

             (4)  For the purposes of this section, the base amount in respect of the provision of a home nursing service by an eligible organisation in a State in the base year is an amount equal to:

                     (a)  where that service was provided by that organisation in that State throughout the base year—subject to paragraph (c), the amount of subsidy granted, or to be granted, to that eligible organisation under section 6 as that section was in force immediately before the prescribed commencement day in respect of the provision in that State of a home nursing service in the base year;

                     (b)  where that service was provided by that organisation in that State during a period consisting of a part only of the base year (in this paragraph referred to as the prescribed period)—subject to paragraph (c), the amount that bears the same proportion to the amount of subsidy granted, or to be granted, to that organisation under section 6 as that section was in force immediately before the prescribed commencement day in respect of the provision by that organisation of that service in that State in the prescribed period as a period of 52 weeks bears to the prescribed period; and

                     (c)  where the Minister has, in accordance with subsection (7), given a direction specifying a period in the base year during which the service provided by that organisation increased significantly—the amount that bears the same proportion to the amount of subsidy granted, or to be granted, to that eligible organisation under section 6 as that section was in force immediately before the prescribed commencement day in respect of the provision by that organisation of that service in that State in the specified period as a period of 52 weeks bears to the specified period.

             (5)  For the purposes of subparagraph (3)(a)(ii), the adjustment factor in respect of a State and a relevant period is a number calculated in accordance with the formula , where:

A and B are the hourly award rates of pay for adult wage earners index numbers for the community services industry for that State as provided by the Australian Statistician in relation to the series entitled “Award Rates of Pay Indexes, Australia”, in respect of the month of March in that relevant period and in respect of the preceding month of March, respectively; and

C and D are the All Groups Consumer Price Index numbers (excluding hospital and medical services) for the capital city of that State as provided by the Australian Statistician in relation to the series entitled “Consumer Price Index” in respect of the March quarter of that relevant period and in respect of the preceding March quarter respectively.

             (6)  Where the adjustment factor in respect of a State and a relevant period, as ascertained in accordance with subsection (5), would, but for the operation of this subsection, be less than one, that factor shall be taken to be one.

             (7)  Where the Minister is satisfied that the level of a home nursing service that was provided by an eligible organisation in a State during the base year increased significantly during a significant part, or significant parts, of that year, the Minister may give a direction in writing specifying the total period during which, in the Minister’s opinion, the level of the home nursing service increased significantly.

             (8)  Where the Minister is satisfied that the level of a home nursing service that was provided by an eligible organisation in a State during the base year increased significantly for a significant period during the period commencing on 1 July 1985 and ending on the day before the prescribed commencement day, the Minister may, in respect of the first relevant period, determine, in writing, a different amount in respect of the provision by that organisation of that service in that State from the product calculated in accordance with sub-subparagraph (3)(a)(ii)(A) and, where the Minister makes such a determination, that determined amount shall, for the purposes of the operation of subparagraph (3)(a)(ii), be substituted for the amount that would, but for this provision have applied in respect of the first relevant period under sub-subparagraph (3)(a)(ii)(A) had no determination been made.

             (9)  A reference in subsection (7) or (8) to the level of a home nursing service that was provided by an eligible organisation in a State during the base year increasing significantly includes a reference to a significant increase in the number of nurses employed to carry out, or in the number of hours worked by nurses in carrying out, that service.

           (10)  A subsidy may be granted on such terms and conditions as the Minister determines.

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

6A  Advances

             (1)  The Minister may, by writing, at such times as the Minister thinks fit, authorise the making to an eligible organisation of an advance on account of an amount of subsidy that is expected to become payable to that eligible organisation under section 6 in respect of the provision by that organisation of a home nursing service in a State in a relevant period, and the terms and conditions that would be applicable to a payment of such an amount of subsidy are applicable to any such advance.

             (2)  If the total amount of advances paid to an eligible organisation under subsection (1) on account of an amount of subsidy that is expected to become payable to the eligible organisation under section 6 in respect of the provision by that organisation of a home nursing service in a State in a relevant period exceeds the total amount of subsidy that is so payable, an amount equal to the amount of that excess:

                     (a)  may be deducted by the Commonwealth from the amount of subsidy that would, but for this provision, be payable to that eligible organisation under section 6 in respect of the provision by that eligible organisation of a home nursing service in that State in a succeeding relevant period; or

                     (b)  is recoverable by the Commonwealth from that eligible organisation as a debt due to the Commonwealth.

7  Appropriation

                   Payments (including advances) under this Act shall be made out of money appropriated from time to time by the Parliament for the purpose.


Notes to the Home Nursing Subsidy Act 1956

Note 1

The Home Nursing Subsidy Act 1956 as shown in this compilation comprises Act No. 84, 1956 amended as indicated in the Tables below.

Table of Acts

Act

Number
and year

Date
of Assent

Date of commencement

Application, saving or transitional provisions

Home Nursing Subsidy Act 1956

84, 1956

8 Nov 1956

8 Nov 1956

 

Statute Law Revision Act 1973

216, 1973

19 Dec 1973

31 Dec 1973

Ss. 9(1) and 10

Statute Law (Miscellaneous Provisions) Act (No. 2) 1984

165, 1984

25 Oct 1984

S. 3: 13 Dec 1984 (see Gazette  1984, No. S519) (a)

Ss. 2(32), 6(1) and 9

National Welfare Fund Repeal Act 1985

24, 1985

22 May 1985

Ss. 1, 2 and 5: Royal Assent
Remainder: 1 July 1985 (see Gazette  1985, No. S232)

S. 5

Statute Law (Miscellaneous Provisions) Act (No. 1) 1985

65, 1985

5 June 1985

S. 3: 3 July 1985 (b)

Home and Community Care (Miscellaneous Amendments) Act 1985

185, 1985

16 Dec 1985

Ss. 11, 18, 33 and 41: 1 July 1985
Remainder: Royal Assent

Ss. 20 and 43

Community Services and Health Legislation Amendment Act (No. 2) 1988

155, 1988

26 Dec 1988

S. 41(1): Royal Assent (c)


(a)     The Home Nursing Subsidy Act 1956 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1984, subsection 2(29) of which provides that section 9 and the amendments made to the Home Nursing Subsidy Act 1956 shall come into operation on the day fixed by Proclamation for the purposes of subsection 2(20) of that Act.

(b)    The Home Nursing Subsidy Act 1956 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1985, subsection 2(1) of which provides as follows:

                 (1)   Subject to this section, this Act shall come into operation on the twenty‑eighth day after the day on which it receives the Royal Assent.

(c)     The Home Nursing Subsidy Act 1956 was amended by subsection 41(1) only of the Community Services and Health Legislation Amendment Act (No. 2) 1988, subsection 2(1) of which provides as follows:

                 (1)   Subject to this section, this Act commences on the day on which it receives the Royal Assent.


Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

Title......................................

am. No. 185, 1985

S. 3......................................

am. No. 216, 1973; No. 185, 1985

S. 4......................................

am. No. 165, 1984; No. 65, 1985; No. 155, 1988

S. 5......................................

am. No. 185, 1985

S. 6......................................

rs. No. 185, 1985

S. 6A...................................

ad. No. 185, 1985

S. 7......................................

rs. Nos. 24 and 185, 1985

S. 8......................................

rep. No. 185, 1985