Commonwealth Numbered Regulations - Explanatory Statements

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NATIONAL HEALTH REGULATIONS (AMENDMENT) 1993 NO. 260

STATUTORY RULES 1993 No. 260

Issued by authority of the Minister for Health

National Health Act 1953

National Health Regulations (Amendment)

Section 140 of the National Health Act 1953 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.

The term day hospital facility, is presently defined in subsection 4(1) of the Act as follows:

"(a)       premises registered as a hospital under a law of a State or Territory relating to the registration of hospitals; or

(b)       premises, or premises included in a class of premises, prescribed for the purposes of this paragraph;"

Regulation 4 of the National Health Regulations formerly prescribed eleven premises as day hospital facilities, for the purposes of paragraph (b) of the above definition.

Subregulation 2.1 of the regulations repealed the existing subregulation and substituted a new subregulation 4(1) in the National Health Regulations to prescribe, for the purposes of the above definition, Adelaide Day Surgery, 18 North Terrace, Adelaide, South Australia, in addition to the other eleven prescribed premises, as a 'day hospital facility'.

Regulation 2.1 also incorporated some minor amendments to the paragraph numbering in the new subregulation 4(1) of the National Health Regulations.

After the Regulations came into effect, the patients of Adelaide Day Surgery became eligible to receive basic table health insurance benefits, as are patients of all other such day hospital facilities.

South Australia does not have the legislation to approve their State's Day Only facilities for health insurance purposes and must, therefore, rely on Federal approval.

The regulations commenced on Gazettal.