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TASMANIA
__________
HEALTH AMENDMENT (FEES VALIDATION)
BILL 2015
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - HEALTH (FEES) REGULATIONS 2007 AMENDED
3. Principal Regulations
4. Regulation 3 amended (Interpretation)
5. Regulation 3A inserted
3A. Meaning of nursing-home-type patient
6. Regulation 4 amended (Fees for non-nursing-home-type
patients)
7. Regulation 5 substituted
5. Fees for nursing-home-type patients
PART 3 - HEALTH ACT 1997 AMENDED
8. Principal Act
9. Section 7A inserted
7A. Validation of certain fees charged, amendment of
regulations, &c.
PART 4 - CONCLUDING PROVISION
10. Repeal of Act
[Bill 35]-XI
2
HEALTH AMENDMENT (FEES VALIDATION)
BILL 2015
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
SHANE DONNELLY, Clerk of the House
20 August 2015
(Brought in by the Minister for Health, the Honourable
Michael Darrel Joseph Ferguson)
A BILL FOR
An Act to amend the Public Health Act 1997 to validate
certain fees charged, or purportedly charged, under the
Health (Fees) Regulations 2007 or the Health (Fees)
Regulations 1997 and the collection, or purported
collection, of such fees, to amend the Health (Fees)
Regulations 2007, and for related purposes
Be it enacted by Her Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Health Amendment
(Fees Validation) Act 2015.
[Bill 35] 3
Health Amendment (Fees Validation) Act 2015
Act No. of
s. 2 Part 1 - Preliminary
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
4
Health Amendment (Fees Validation) Act 2015
Act No. of
Part 2 - Health (Fees) Regulations 2007 Amended s. 3
PART 2 - HEALTH (FEES) REGULATIONS 2007
AMENDED
3. Principal Regulations
In this Part, the Health (Fees) Regulations 2007*
are referred to as the Principal Regulations.
4. Regulation 3 amended (Interpretation)
Regulation 3 of the Principal Regulations is
amended as follows:
(a) by inserting the following definition after
the definition of Health Care Card:
hospital means a public hospital or a
private hospital;
(b) by omitting the definition of nursing-
home-type patient and substituting the
following definition:
nursing-home-type patient has the
meaning it has in regulation 3A;
(c) by inserting the following definition after
the definition of Pensioner Concession
Card:
private hospital means a private
hospital within the meaning of
the Commonwealth Act;
*S.R. 2007, No. 92
5
Health Amendment (Fees Validation) Act 2015
Act No. of
s. 5 Part 2 - Health (Fees) Regulations 2007 Amended
5. Regulation 3A inserted
After regulation 3 of the Principal Regulations,
the following regulation is inserted:
3A. Meaning of nursing-home-type patient
(1) For the purposes of these regulations, a
person is a nursing-home-type patient on
a day if he or she is in a public hospital
being provided with accommodation and
nursing care on that day and the day is a
chargeable day.
(2) For the purposes of subregulation (1), a
person is in a public hospital being
provided with accommodation and
nursing care on a day that is a chargeable
day if he or she is a patient in a public
hospital being provided with
accommodation and nursing care on that
day and the day -
(a) occurs in a continuous period of
more than 35 days in which the
patient is in a hospital being
provided with accommodation
and nursing care; and
(b) is not a day in the first 35 days of
that continuous period; and
(c) is not a day to which relates a
certificate from a medical
practitioner to the effect that the
patient is in need of acute care.
6
Health Amendment (Fees Validation) Act 2015
Act No. of
Part 2 - Health (Fees) Regulations 2007 Amended s. 5
(3) For the purpose of ascertaining whether a
patient is in a public hospital being
provided with accommodation and
nursing care on a day that occurs in a
continuous period, there is to be taken
into account -
(a) any period, during which that
patient was provided with
accommodation and nursing care
as a patient in that hospital, or in
another hospital, that occurs
before that day and that forms
one continuous period with that
day; or
(b) if there are 2 or more periods,
during which that patient was
provided with accommodation
and nursing care as a patient in
that hospital, or in another
hospital, that occur before that
day and that form one continuous
period with one another and with
that day - those earlier periods.
(4) For the purposes of subregulation (3)(a)
and (b), 2 periods -
(a) that are periods during which a
patient is provided with
accommodation and nursing care
as a patient in a hospital (whether
or not the same hospital); and
7
Health Amendment (Fees Validation) Act 2015
Act No. of
s. 6 Part 2 - Health (Fees) Regulations 2007 Amended
(b) that are separated from each other
by a period of not more than 7
days during which the patient was
not provided with
accommodation and nursing care
as a patient in any hospital -
are to be taken to form one continuous
period with one another.
6. Regulation 4 amended (Fees for non-nursing-home-
type patients)
Regulation 4 of the Principal Regulations is
amended as follows:
(a) by omitting subregulation (1);
(b) by inserting in subregulation (2) "on a
day on which the person is not a nursing-
home-type patient" after "public
hospital";
(c) by inserting in subregulation (3) "on a
day on which the person is not a nursing-
home-type patient" after "hospital".
7. Regulation 5 substituted
Regulation 5 of the Principal Regulations is
rescinded and the following regulation is
substituted:
8
Health Amendment (Fees Validation) Act 2015
Act No. of
Part 2 - Health (Fees) Regulations 2007 Amended s. 7
5. Fees for nursing-home-type patients
The fees specified in Schedule 2 are
prescribed as the fees payable by or on
behalf of a patient for hospital services
provided in a public hospital to the
patient on a day on which the patient is a
nursing-home-type patient.
9
Health Amendment (Fees Validation) Act 2015
Act No. of
s. 8 Part 3 - Health Act 1997 Amended
PART 3 - HEALTH ACT 1997 AMENDED
8. Principal Act
In this Part, the Health Act 1997* is referred to
as the Principal Act.
9. Section 7A inserted
After section 7 of the Principal Act, the
following section is inserted:
7A. Validation of certain fees charged,
amendment of regulations, &c.
(1) In this section -
amending Act means the Health
Amendment (Fees Validation) Act
2015;
former regulations means the Health
(Fees) Regulations 2007 as in
force during the validation
period;
rescinded regulations means the
Health (Fees) Regulations 1997
as in force during the validation
period;
subsequent regulations means the
Health (Fees) Regulations 2007
*No. 13 of 1997
10
Health Amendment (Fees Validation) Act 2015
Act No. of
Part 3 - Health Act 1997 Amended s. 9
as in force immediately after the
amending Act commences;
validation day means the day on
which the amending Act
commences;
validation period means the period
beginning on 1 April 2007 and
ending immediately before the
validation day.
(2) This section applies to a fee that was,
before the validation day, charged, or
purportedly charged, under regulation 5
of the former regulations, in respect of a
period within the validation period, if the
fee would have been, but for this section,
invalidly charged by reason only that the
former regulations, rather than the
subsequent regulations, were in effect
during the validation period.
(3) This section also applies to a fee that
was, before the validation day, charged,
or purportedly charged, under regulation
6 of the rescinded regulations, in respect
of a period within the validation period,
if the fee would have been, but for this
section, invalidly charged by reason only
that the expression "nursing-home-type
patient" did not have, in the rescinded
regulations, the meaning set out in
regulation 3A of the subsequent
regulations.
11
Health Amendment (Fees Validation) Act 2015
Act No. of
s. 9 Part 3 - Health Act 1997 Amended
(4) A fee to which this section applies is
taken to be, and to always have been,
validly charged and, if collected or
purportedly collected, validly collected.
(5) Despite subsection (2), this section does
not apply in relation to a fee charged, or
purportedly charged, to a person if the
fee was collected, or purportedly
collected, from the person and then
refunded to the person before the
validation day.
(6) The amendment of the former regulations
by Part 2 of the amending Act does not
prevent the subsequent regulations being
subsequently amended or rescinded by
any regulations made under this Act.
12
Health Amendment (Fees Validation) Act 2015
Act No. of
Part 4 - Concluding Provision s. 10
PART 4 - CONCLUDING PROVISION
10. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which it
commences.
Government Printer, Tasmania 13