NATIONAL HEALTH (NURSING HOME RESPITE CARE) REGULATIONS 

- made under the National Health Act 1953

- TABLE OF PROVISIONS

PART 1--PRELIMINARY 
1.  Citation [see Note 1]    
2.  Commencement    
3.  Interpretation    

PART 2--PROVISION OF RESPITE CARE IN APPROVED NURSING HOMES 

Division 1    General    
4.  Respite care scheme    
5.  Provision of leave respite care    
6.  Provision of benefit respite care    
7.  Notification of patient's status on admission    

Division 2    Leave respite care    
9.  Application to Government and non-Government nursing homes    
10.  Benefit respite care supplement not payable    
12.  Classification not applicable    

Division 3    Benefit respite care    
13.  Limitation to non-Government nursing homes    
14.  Determination of number of benefit respite care bed days inrelation  to a nursing home   
15.  Revocation or variation of a determination made under regulation  14   
18.  Minister to give notice of certain decisions    
20.  Determination of maximum number of benefit respite care bed  days   
21.  Limitation on duration of occupancy of a bed as a benefit respite  care patient   
23.  Classification applicable    
24.  Application of section 4AA of the Act    
25.  Occupation of a bed temporarily vacated by another  patient   
27.  Application of this Part to nursing homes for disabled  people   
31.  Certificate of approval under section 41 of the Act    
32.  Booking fee    

PART 3--BENEFIT RESPITE CARE SUPPLEMENT 
35.  Interpretation    
36.  Benefit respite care supplement    
37.  Calculation of amount of supplement    

PART 4--MISCELLANEOUS 
38.  Modifications under subsection 49AA (2) of the Act    
SCHEDULE    Modifications of the Act under subsection 49AA (2) of the Act 

NATIONAL HEALTH (NURSING HOME RESPITE CARE) REGULATIONS
- REG 1     Citation [see Note 1] 

 
        These Regulations may be cited as the National Health (Nursing Home Respite Care) Regulations.

NATIONAL HEALTH (NURSING HOME RESPITE CARE) REGULATIONS
- REG 2     Commencement 

 
        These Regulations commence on 1 July 1989.

NATIONAL HEALTH (NURSING HOME RESPITE CARE) REGULATIONS
- REG 3     Interpretation 

 
        In these Regulations, unless the contrary intention appears:

"benefit respite care "means respite care provided under Division 3
of Part 2 to a benefit respite care patient.
"benefit respite care bed day", in relation to an approved nursing
home, means a day in respect of which benefit respite care supplement is
payable to the proprietor of the nursing home for the occupation of a bed in
the nursing home by a benefit respite care patient.
"benefit respite care patient" means:
        (a)  a person:

        (i)  whose admission to an approved nursing home is approved under section
40AB of the Act; and
        (ii)  who is a qualified nursing home patient; or

        (b)  a Repatriation nursing home patient who is not a leave respite care
patient.

"benefit respite care supplement" means an amount payable by the
Commonwealth under regulation 36.
"leave respite care "means respite care provided under Division 2
of Part 2 to a leave respite care patient.
"leave respite care bed" means a bed in an approved nursing home
temporarily occupied by a leave respite care patient.
"leave respite care patient" means a person:
        (a)  whose admission to an approved nursing home is approved by the Minister
under section 40AB of the Act; and
        (b)  who occupies a bed in an approved nursing home temporarily vacated by:

        (i)  a qualified nursing home patient; or
        (ii)  a Repatriation nursing home patient.

        under an agreement made under subsection 4AA (2) of the Act.

but does not include a Repatriation nursing home patient.
"qualified nursing home patient "means a person who occupies a bed
in an approved nursing home for the purpose of nursing home care, but does not
include:
        (a)  a leave respite care patient; or
        (b)  a member of the staff of the nursing home receiving nursing home care in
the member's own quarters; or
        (c)  subject to subsection (1C) of the Act, a newly born child whose mother
also occupies a bed in the nursing home; or
        (d)  a Repatriation nursing home patient;

"the Act" means the National Health Act 1953.

NATIONAL HEALTH (NURSING HOME RESPITE CARE) REGULATIONSDivision 1    General

NATIONAL HEALTH (NURSING HOME RESPITE CARE) REGULATIONS
- REG 4     Respite care scheme 

 
        For the purposes of providing respite care in approved nursing
homes, a scheme is established for the provision of:

        (a)  leave respite care; and
        (b)  benefit respite care;

to a person:

        (c)  whose application for admission to an approved nursing home has been
approved by the Minister under section 40AB of the Act; or
        (d)  who is a Repatriation nursing home patient.

NATIONAL HEALTH (NURSING HOME RESPITE CARE) REGULATIONS
- REG 5     Provision of leave respite care 

 
        Leave respite care may be provided under Division 2 to a leave
respite care patient in an approved nursing home.

NATIONAL HEALTH (NURSING HOME RESPITE CARE) REGULATIONS
- REG 6     Provision of benefit respite care 

 
        Benefit respite care may be provided under Division 3 to a benefit
respite care patient in an approved nursing home.

NATIONAL HEALTH (NURSING HOME RESPITE CARE) REGULATIONS
- REG 7     Notification of patient's status on admission 

 
    (1)  On the day of the admission to an approved nursing home of a
person whose application for admission to an approved nursing home has been
approved by the Minister under section 40AB of the Act or a person who is a
Repatriation nursing home patient, the proprietor of the nursing home to which
the person is admitted must, where the patient is admitted as a leave respite
care patient or a benefit respite care patient, give a written statement to the
person admitted.

    (2)  The statement referred to in subregulation (1) must state:

        (a)  that the patient is:

        (i)  a leave respite care patient; or
        (ii)  a benefit respite care patient;

        as the case may be; and
        (b)  in the case of a leave respite care patient, the maximum number of days
for which the proprietor of the nursing home expects that the patient will
occupy a bed temporarily vacated by another patient under an agreement made
under subsection 4AA (2) of the Act; and
        (c)  in the case of a benefit respite care patient:

        (i)  the maximum number of days for which the patient may, under regulation 21,
be a benefit respite care patient in the nursing home in the financial year
that includes the day of admission; and
        (ii)  the date on which the proprietor of the nursing home expects to discharge
the patient from the nursing home, having regard to any other arrangements made
by the proprietor in relation to the occupation of beds in the nursing home.

NATIONAL HEALTH (NURSING HOME RESPITE CARE) REGULATIONSDivision 2    Leave respite care

NATIONAL HEALTH (NURSING HOME RESPITE CARE) REGULATIONS
- REG 9     Application to Government and non-Government nursing homes 

 
        Leave respite care may be provided in an approved nursing home,
being either:

        (a)  a Government nursing home; or
        (b)  not a Government nursing home.

NATIONAL HEALTH (NURSING HOME RESPITE CARE) REGULATIONS
- REG 10     Benefit respite care supplement not payable 

 
        The proprietor of an approved nursing home is not entitled to be
paid a benefit respite care supplement in respect of a leave respite care
patient.

NATIONAL HEALTH (NURSING HOME RESPITE CARE) REGULATIONS
- REG 12     Classification not applicable 

 
        Section 40AFA of the Act does not apply to leave respite care
patients.

NATIONAL HEALTH (NURSING HOME RESPITE CARE) REGULATIONSDivision 3    Benefit respite care

NATIONAL HEALTH (NURSING HOME RESPITE CARE) REGULATIONS
- REG 13     Limitation to non-Government nursing homes 

 
        Benefit respite care may be provided only in an approved nursing
home that is not a Government nursing home.

NATIONAL HEALTH (NURSING HOME RESPITE CARE) REGULATIONS
- REG 14     Determination of number of benefit respite care bed days inrelation  to a nursing home

    (1)  On application in writing made by the proprietor of a nursing
home, the Minister may determine in writing the number of benefit respite care
bed days for the nursing home for a financial year or for a period in a
financial year.

    (2)  In making a determination, the Minister must have regard to:

        (a)  the number of beds in the nursing home; and
        (b)  any maximum number of benefit respite care bed days determined under
subregulation 20 (1) for the State or Territory in which the nursing home is
situated; and
        (c)  any maximum number of benefit respite care bed days determined under
subregulation 20 (1) for the region in which the nursing home is situated.

NATIONAL HEALTH (NURSING HOME RESPITE CARE) REGULATIONS
- REG 15     Revocation or variation of a determination made under regulation  14

        The Minister may, on application in writing made by the proprietor
of a nursing home or otherwise, revoke or vary a determination made under
regulation 14 in relation to the nursing home.

NATIONAL HEALTH (NURSING HOME RESPITE CARE) REGULATIONS
- REG 18     Minister to give notice of certain decisions 

 
        Where the Minister makes a decision under regulation 14 or 15
otherwise than in accordance with an application, the Minister is to give the
proprietor of the nursing home to which the decision relates notice in writing
of the decision.

NATIONAL HEALTH (NURSING HOME RESPITE CARE) REGULATIONS
- REG 20     Determination of maximum number of benefit respite care bed  days

    (1)  The Minister may, by notice in writing published in the Gazette,
determine the maximum number of benefit respite care bed days for a relevant
period:

        (a)  for a State or Territory; or
        (b)  for a region in a State or Territory.

    (2)  In making a determination, the Minister must have regard to:

        (a)  the number of nursing homes in the State or Territory or region, as the
case may be; and
        (b)  the number of beds in those nursing homes; and
        (c)  the need for benefit respite care bed days in the State or Territory or
region.

    (3)  In this regulation, elevant period means:

        (a)  the period commencing on 1 January 1991 and ending on 30 June 1991; or
        (b)  a financial year.

NATIONAL HEALTH (NURSING HOME RESPITE CARE) REGULATIONS
- REG 21     Limitation on duration of occupancy of a bed as a benefit respite  care patient

    (1)  A person may be a benefit respite care patient in a particular
nursing home for not more than a total of 63 days in a financial year.

    (2)  For the purpose of calculating the number of days that a person
is a benefit respite care patient in an approved nursing home:

        (a)  the day of the person's admission as such a patient and the day on which
the person ceases to be such a patient are counted as 1 day; and
        (b)  where on a day the person:

        (i)  ceases to be a leave respite care patient in a nursing home; and
        (ii)  immediately becomes a benefit respite care patient without an intervening
period of absence from the nursing home;

the person is taken to have been admitted to the nursing home as a benefit
respite care patient on that day; and

        (c)  where on a day the person:

        (i)  ceases to be a benefit respite care patient in a nursing home; and
        (ii)  immediately becomes a leave respite care patient without an intervening
period of absence from the nursing home;

the person is taken to have been discharged from the nursing home on that day.

NATIONAL HEALTH (NURSING HOME RESPITE CARE) REGULATIONS
- REG 23     Classification applicable 

 
        Section 40AFA of the Act applies to benefit respite care patients.

NATIONAL HEALTH (NURSING HOME RESPITE CARE) REGULATIONS
- REG 24     Application of section 4AA of the Act 

 
        Section 4AA of the Act does not apply to benefit respite care
patients.

NATIONAL HEALTH (NURSING HOME RESPITE CARE) REGULATIONS
- REG 25     Occupation of a bed temporarily vacated by another  patient

        A benefit respite care patient is not permitted to occupy a bed in
an approved nursing home temporarily vacated, pursuant to an agreement made
under subsection 4AA (2) of the Act, by:

        (a)  a qualified nursing home patient; or
        (b)  a Repatriation nursing home patient.

NATIONAL HEALTH (NURSING HOME RESPITE CARE) REGULATIONS
- REG 27     Application of this Part to nursing homes for disabled  people

        The provisions of this Part do not apply to a nursing home for
disabled people.

NATIONAL HEALTH (NURSING HOME RESPITE CARE) REGULATIONS
- REG 31     Certificate of approval under section 41 of the Act 

 
        Upon a determination by the Minister under regulation 14 of the
number of benefit respite care bed days for an approved nursing home, or upon
any variation of such a determination, the Minister must:

        (a)  if the determination or variation is made at the same time as the approval
referred to in subsection 41 (1) of the Act, include that number as a condition
in the certificate of approval issued to the proprietor of the nursing home
under section 41 of the Act; or
        (b)  if the determination or variation is made after a certificate has been
issued to the proprietor of the nursing home under section 41 of the Act, issue
to the proprietor a new certificate that includes that number as a condition
applicable to the nursing home.

NATIONAL HEALTH (NURSING HOME RESPITE CARE) REGULATIONS
- REG 32     Booking fee 

 
    (1)  In this regulation:

"additional exempt bed fee" has the same meaning as in Part V of
the Act.
"basic fee", in relation to a person who books a place in a nursing
home as a benefit respite care patient for a day, means:
        (a)  if the nursing home is not an exempt nursing home, the sum of:

        (i)  the amount applicable under subparagraph 47 (2) (b) (iii) of the Act;
and
        (ii)  any additional patient contribution applicable to the patient under
subsection 40AI (1) of the Act.

        for that day; or
        (b)  if the nursing home is an exempt nursing home, the sum of:

        (i)  the amount applicable under subparagraph 47 (2) (b) (iii) of the Act;
and
        (ii)  the lowest additional exempt bed fee for an exempt bed in the nursing
home; and
        (iii)  an amount equal to the proportion of that additional exempt bed fee that
the proprietor of the nursing home agreed should be taken into account in
reducing the Commonwealth benefit payable from time to time in respect of that
exempt bed.

        for that day;

"exempt bed" has the same meaning as in Part V of the Act;
"exempt nursing home" means a nursing home in which all the beds
for patients are exempt beds within the meaning of Part V of the Act.
(2)  The proprietor of a nursing home may charge a person a fee for booking a
place for the person as a benefit respite care patient of the nursing home.
    (3)  The booking fee must not exceed:

        (a)  25% of the basic fee for each of the days in the period for which the
booking was made; or
        (b)  the basic fee for the first 7 days of that period.

whichever is the lesser.

    (4)  Where, not less than 7 days before the period for which a booking
was made by a person, the person gives the proprietor of the nursing home
notice in writing of the cancellation of the booking, the booking fee must be
refunded in full not later than 14 days after the proprietor receives notice.
    (5)  Where a booking for a person is cancelled without notice of cancellation
being given in accordance with subregulation (4):

        (a)  the fee must be refunded in full as soon as practicable if the booking was
cancelled because the person was admitted to hospital, or died, after making
the booking; and
        (b)  the fee may be retained by the proprietor of the nursing home if the
booking was cancelled for any other reason.

    (6)  Where a person becomes a respite care patient of a nursing home
in accordance with a booking:

        (a)  the liability of the person to pay fees to the proprietor must be reduced
by the amount of the booking fee; and
        (b)  if the booking fee exceeds the fees payable by the person, the excess need
not be refunded by the proprietor unless the person ceased to be a benefit
respite care patient because the person was admitted to hospital or died.

  

NATIONAL HEALTH (NURSING HOME RESPITE CARE) REGULATIONS
- REG 35     Interpretation 

 
    (1)  In this Part, unless the contrary intention appears:

"supplement day", in relation to a patient in an approved nursing
home, means a day in respect of which a benefit respite care supplement is
payable by the Commonwealth to the proprietor of the nursing home under
regulation 36.

NATIONAL HEALTH (NURSING HOME RESPITE CARE) REGULATIONS
- REG 36     Benefit respite care supplement 

 
    (1)  Subject to regulation 21, an amount, calculated in accordance
with regulation 37, is payable by the Commonwealth by way of benefit to a
proprietor of a nursing home in respect of each day on which a bed in that
nursing home is occupied by a benefit respite care patient, not being a
Repatriation nursing home patient.

    (3)  A benefit respite care supplement:

        (a)  does not form part of the fee payable under the Act to the proprietor of
an approved nursing home for the provision of nursing home care for a patient
in that nursing home; and
        (b)  is payable under subregulation (1) in addition to that fee.

    (4)  A person who has been a benefit respite care patient in a nursing
home for a total of 63 days in a financial year ceases to have a classification
referred to in section 40AFA of the Act until the person is classified under
that section in relation to a later period.

NATIONAL HEALTH (NURSING HOME RESPITE CARE) REGULATIONS
- REG 37     Calculation of amount of supplement 

 
    (1)  The amount payable to the proprietor of a nursing home under
subregulation 36 (1) in relation to a patient in respect of a supplement day is
an amount calculated in accordance with the following formula:

[GRAPHIC]where SAM has the same meaning as in paragraph 40AG (7) (g) of the Act.

    (2)  Where, but for this subregulation, an amount referred to in
subregulation (1) would be an amount that includes a fraction of a cent, the
fraction of a cent shall be regarded as one cent.

  

NATIONAL HEALTH (NURSING HOME RESPITE CARE) REGULATIONS
- REG 38     Modifications under subsection 49AA (2) of the Act 

 
    (2)  The provisions of the Act specified in the Schedule apply with
the modification prescribed in the Schedule in relation to the scheme providing
for respite care in approved nursing homes contained in these Regulations.

NATIONAL HEALTH (NURSING HOME RESPITE CARE) REGULATIONS - SCHEDULE    Modifications of the Act under subsection 49AA (2) of the Act

(regulation 38)

  
Part 1    Principal Modifications
1    Subsection 4 (1):
Omit the definitions of the following expressions:
short-term respite care patient;
qualified nursing home patient.
2    After subsection 4 (1A):
Insert the following subsection:
`(1AA) The following expressions have the same meaning as in the National
Health (Nursing Home Respite Care) Regulations:
benefit respite care patient;
leave respite care patient;
qualified nursing home patient..
3    Paragraph 4AA (5) (e):
After `Part VA', insert `(other than the benefit respite care
supplement)'.
4    After subsection 4AA (6):
Insert the following subsection:
`(6A) In this section, a reference to:
    (a)    a qualified nursing home patient; or
    (b)    a Repatriation nursing home patient;
does not include a person who is a benefit respite care patient.'.
5    Section 39 (definition of Commonwealth benefit):
add at the end `but does not include an amount payable as benefit
respite care supplement'.
6    Subsection 39AA (4):
Omit `and the notice in force under sub-section (3)', substitute
`, the notice in force under subsection (3) and the notice in force under
regulation 20 of the National Health (Nursing Home Respite Care)
Regulations'.
7    Subparagraph 40AA (6) (bb) (i):
Omit `whose admission to the nursing home has been approved by the
Minister under section 40ABA', substitute `who is a leave respite care
patient".
8    Subsection 40AA (11):
Omit the subsection.
9    Subsection 40AA (13):
Omit `or 40ABA'.
10    After subsection 40AA (6A):
Insert the following subsection:
`(6AB) The condition referred to in paragraph 40AA (6) (cd) does not prohibit
the proprietor of a nursing home from charging a benefit respite care patient a
booking fee in accordance with regulation 32 of the National Health (Nursing
Home Respite Care) Regulations.'.
11    Paragraph 40AB (5A) (a):
Omit `immediately after the end of', substitute `on'.
12    Subsection 40AB (5B):
Omit `section 40ABA', substitute `this Part'.
13    Paragraph 40E (6) (b):
After `Commonwealth benefit', insert `and benefit respite care
supplement'.
14    Subsection 50 (2):
Add at the end `(other than any benefit respite care supplement
paid)'.
Part 2    Further Modifications
1    Paragraphs 40AA (6) (ba) and (bb) and subsection 40AD (1AA):
After'"qualified nursing home patient', insert `(other than a
benefit respite care patient)'.
2    Paragraphs 40AA (6) (ba) and (bb) and subsection 40AB (1AA):
After `Repatriation nursing home patient' (wherever occurring),
insert `(other than a benefit respite care patient)'.
3    Subsection 40AB (5A):
After `qualified nursing home patient' (first occurring), insert
`(other than a benefit respite care patient)'.
4    Paragraph 4AA (10) (a); subparagraphs 40AA (6) (bb) (ii) and (iii);
subparagraph 40AA (6) (c) (ii); paragraph 40AA (6) (ca); subparagraphs 40AA (6)
        (d) (i) and (ii); subsection 40AA (6B); paragraph 40AA (10) (a) and subsections
40AB (5A) and (5B):
Omit `short-term' (wherever occurring), substitute
`leave'.
5    Subsections 40AFA (2) and 45E (2) and paragraph 45E (6) (a):
Omit `is not payable', substitute `and benefit respite care
supplement are not payable'.
6    Subsections 47 (2), 47 (2A), 47A (1) and 48A (1):
After `Commonwealth benefit' (wherever occurring), insert `(not
being a benefit respite care supplement)'.
7    Subsections 48 (1), 48 (2) and 49 (1):
After `Commonwealth benefit' (first occurring), insert `(not
being a benefit respite care supplement)'.

NATIONAL HEALTH (NURSING HOME RESPITE CARE) REGULATIONS

- NOTES

Compilation Information

[GRAPHIC]National Health (Nursing Home Respite Care) Regulations
Statutory Rules 
1989
No. 
173
as amended
This compilation was prepared on 8 June 2004taking into account amendments
up to SR 1990 No. 404
Prepared by the Office of Legislative Drafting,Attorney-General's
Department, Canberra

  

NATIONAL HEALTH (NURSING HOME RESPITE CARE) REGULATIONS

- NOTES

NATIONAL HEALTH (NURSING HOME RESPITE CARE) REGULATIONSNotes to the National Health (Nursing Home Respite Care) Regulations

Note 1
The National Health (Nursing Home Respite Care) Regulations (in force under
the National Health Act 1953) as shown in this compilation comprise
Statutory Rules 1989 No. 173 amended as indicated in the Tables below. 
Table of Statutory Rules

Year
and number

Date
of notification in Gazette

Date
ofcommencement

Application,
saving ortransitional provisions

1989
No. 173

30
June 1989

1
July 1989

1990
No. 404

17
Dec 1990

1
Jan 1991

--
Table
of Amendments

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

Provision
affected

How
affected

Part
1

R.
3	

am.
1990 No. 404

Part
2

Division
1

R.
7	

am.
1990 No. 404

Division
2

R.
8	

rep.
1990 No. 404

R.
11	

rep.
1990 No. 404

Division
3

R.
14	

rs.
1990 No. 404

Rr.
16, 17    

rep.
1990 No. 404

R.
18	

am.
1990 No. 404

R.
19	

rep.
1990 No. 404

R.
20	

rs.
1990 No. 404

R.
21	

rs.
1990 No. 404

R.
22	

rep.
1990 No. 404

R.
26	

rep.
1990 No. 404

Rr.
28-30    

rep.
1990 No. 404

R.
31	.	

rs.
1990 No. 404

R.
32	

rs.
1990 No. 404

Rr.
33, 34    

rep.
1990 No. 404

Part
4

R.
35	

am.
1990 No. 404

R.
36	

am.
1990 No. 404

R.
37	

am.
1990 No. 404

R.
38	

am.
1990 No. 404

Schedule

Schedule

rs.
1990 No. 404