Commonwealth Numbered Regulations - Explanatory Statements

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NATIONAL HEALTH REGULATIONS (AMENDMENT) 1995 NO. 289

STATUTORY RULES 1995 No. 289

Issued by authority of the Minister for Human Services and Health

National Health Act 1953

National Health Regulations (Amendment)

Subsection 140(1) of the National Health Act 1953 (the Principal Act) provides that the Governor-General may make regulations for the purposes of the Act.

Section 67 of the Principal Act provides that organisations conducting health insurance business must be registered under the Act.

However, paragraph (e) of the definition of "health insurance business" in subsection 67(4) of the Principal Act makes provision to prescribed kinds of business. Business so prescribed does not constitute "health insurance business" for the purposes of the Principal Act and may be conducted by general insurers without being registered under the Act. This provision recognises that some kinds of business are not adequately catered for by registered insurers.

Subparagraph 48(1)(b)(vi) of the National Health Regulations currently prescribes, as a kind of business, health expenses incurred by unemployed persons while participating in the "SkillShare" program administered by the Department of Employment, Education and Training. This enables that Department to purchase an insurance policy with a general insurer to cover health expenses that may be incurred by unemployed persons while travelling to and from the place where the program is conducted and while participating in such program.

The current provision does not cater for all of the programs administered by the Department of Employment, Education and Training. It is proposed to amend subparagraph 48(1)(b)(vi) to cover unemployed persons participating in all approved activities under a Government labour market program that is part of an employment program.

The amended Regulations will commence on Gazettal.