Commonwealth Numbered Regulations - Explanatory Statements

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NATIONAL HEALTH REGULATIONS (AMENDMENT) 1995 NO. 14

EXPLANATORY STATEMENT

STATUTORY RULES 1995 No. 14

Issued by authority of the Minister for Human Services and 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 fifteen premises as day hospital facilities' for the purposes of paragraph (b) of the above definition.

Subregulation 2.1 of the regulations amended the existing subregulation 4(1) in the National Health Regulations to prescribe, for the purposes of the above definition, Hamilton House Day Surgery, 470 Goodwood Road, Cumberland Park, South Australia, and Oxford Day Surgery Centre, 54 Oxford Terrace, Unley, South Australia, in addition to the other fifteen prescribed premises, as ,day hospital facilities'.

After the Regulations came into effect, the patients of Hamilton House Day Surgery and Oxford Day Surgery Centre 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 hospital facilities for health insurance purposes and must, therefore, rely on Federal approval.

The regulations commenced on Gazettal.


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