Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act, unless the contrary intention appears:
"adjusted fee government nursing home" has the meaning given by section 4AAAA.
"approved" , in relation to a nursing home, has the meaning given in subsection (1AAA) of this section, and approval has a corresponding meaning.
"approved nursing home patient" means a person who is an approved nursing home patient for the purposes of Part VA by virtue of section 46A.
"classified patient" means an approved nursing home patient or Repatriation nursing home patient in respect of whom a classification under section 40AFA is in force.
"Committee of Inquiry" means a Committee of Inquiry established under Part VIII.
"complying health insurance policy" has the meaning given by section 63-10 of the Private Health Insurance Act 2007 .
"de facto spouse means a person who is living with another person of the opposite sex on a bona fide" domestic basis although not legally married to that other person.
"designated vaccine" has the meaning given by subsection 9B(2).
(a) in relation to a State or the Northern Territory--the Officer for the time being holding the office, or performing the duties, of Director of Health for that State or Territory under the Public Service Act 1999 ; and
(b) in relation to the Australian Capital Territory--the Secretary.
(a) a body that is a friendly society for the purposes of the Life Insurance Act 1995 ; or
(b) a body that is registered or incorporated as a friendly society under a law of a State or Territory; or
(c) a body that is permitted, by a law of a State or Territory, to assume or use the expression friendly society ; or
(d) a body that, immediately before the date that is the transfer date for the purposes of the Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999 , was registered or incorporated as a friendly society under a law of a State or Territory.
"Government nursing home" means a nursing home specified by the Minister by notice in writing.
"hospital" has the meaning given by subsection 121-5(5) of the Private Health Insurance Act 2007 .
"hospital-substitute treatment" has the same meaning as in the Private Health Insurance Act 2007 .
"hospital treatment" has the meaning given by section 121-5 of the Private Health Insurance Act 2007 .
"Medicare Australia CEO" means the Chief Executive Officer of Medicare Australia.
"nursing home" means premises:
(a) that are fitted, furnished and staffed for the purpose of providing accommodation and nursing care for patients who, by reason of infirmity or illness, disease, incapacity or disability, have a continuing need for nursing care; and
(b) in which patients of that kind are received and lodged exclusively for the purpose of providing them with accommodation and nursing care;
but does not include:
(c) a hospital;
(d) an institution carried on exclusively or principally for the care and treatment of mentally ill or mentally defective persons, being an institution conducted by, or in receipt of a grant for maintenance from, a State.
"nursing home adviser" means a person included in a class of persons that the Secretary determines by instrument in writing to be advisers for the purposes of this definition.
"nursing home care" means accommodation and nursing care of a kind provided in a nursing home, and includes any prescribed service of a kind provided in a nursing home.
"nursing home for disabled people" means:
(a) a nursing home approved on or after 1 July 1987 where the certificate of approval under section 41 states that the home is approved as a nursing home for disabled people; or
(b) any other approved nursing home declared by the Minister, by written notice, to be a nursing home for disabled people.
"official appointee" , in relation to the proprietor of a nursing home (other than a Government nursing home), means:
(a) if the proprietor is a body corporate:
(i) a liquidator of the proprietor; or
(ii) a receiver, or receiver and manager, of the whole of the proprietor's property, or a part of the proprietor's property that includes the nursing home or the business or undertaking carried on at the nursing home; or
(b) if the proprietor is a natural person--a person appointed as the trustee in bankruptcy of the proprietor; or
(c) a person appointed under a law of a State or Territory to conduct the nursing home; or
(d) a person appointed, under an instrument under which the nursing home is or may become security for a debt owed by the proprietor or any other person, to manage the affairs of the nursing home on behalf of the person to whom the debt is owed; or
(e) a person included in a class of persons that the Secretary determines by instrument in writing to be official appointees for the purposes of this paragraph.
"pharmacist" means a person registered as a pharmacist or pharmaceutical chemist under a law of a State or Territory providing for the registration of pharmacists or pharmaceutical chemists, and includes a friendly society or other body of persons (whether corporate or unincorporate) carrying on business as a pharmacist.
"premises" includes a part of premises.
"private health insurer" has the same meaning as in the Private Health Insurance Act 2007 .
(a) in relation to a Government nursing home--the authority or body of persons conducting the nursing home; or
(b) in relation to any other nursing home--the owner of the business or undertaking carried on at the nursing home.
"public hospital" means a hospital in respect of which there is in force a statement under subsection 121-5(8) of the Private Health Insurance Act 2007 that the hospital is a public hospital.
"public hospital authority" means the governing body of a public hospital.
"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:
(aa) a short‑term respite care patient;
(a) a member of the staff of the nursing home receiving nursing home care in the member's own quarters;
(b) subject to subsection (1C), a newly born child whose mother also occupies a bed in the nursing home; or
(c) a Repatriation nursing home patient.
"Repatriation nursing home patient" means a patient who is receiving nursing home care in an approved nursing home in accordance with arrangements entered into:
(a) under paragraph 89(1)(b) or (c) of the Veterans' Entitlements Act 1986 ; or
(b) under section 285 of the Military Rehabilitation and Compensation Act 2004 ; or
(c) under section 15 of the Australian Participants in British Nuclear Tests (Treatment) Act 2006 .
"rules" , in relation to a private health insurer, has the same meaning as in the Private Health Insurance Act 2007 .
(a) where the expression is used in a provision that is administered solely by the Minister for Health--means the Secretary to the Department of Health;
(b) where the expression is used in a provision that is administered solely by the Minister for Community Services--means the Secretary to the Department of Community Services; and
(c) where the expression is used in a provision that is administered in part by the Minister for Health and in part by the Minister for Community Services, then:
(i) in the application of the provision in so far as it is administered by the Minister for Health--means the Secretary to the Department of Health; and
(ii) in the application of the provision in so far as it is administered by the Minister for Community Services--means the Secretary to the Department of Community Services.
"short-term respite care patient" means a person:
(a) whose admission to an approved nursing home has been approved by the Minister under section 40AB; and
(b) who occupies a bed in an approved nursing home temporarily vacated by a qualified nursing home patient, or a Repatriation nursing home patient, of the nursing home on a day on which the patient is absent from the nursing home pursuant to an agreement made under subsection 4AA(2);
but does not include a Repatriation nursing home patient.
"spouse" includes a de facto spouse.
"temporary operator" , in relation to a nursing home, means a person who:
(a) is an official appointee in relation to the proprietor of the nursing home; and
(b) in relation to whom an approval under section 39BA is in force.
"Territory" means an internal Territory.
(a) a nursing home approved on or after 1 July 1987 where:
(i) an application for a certificate under subsection 3A(2) of the Nursing Homes Assistance Act 1974 was made before 1 July 1987;
(ii) the object of the proposal to which the application for a certificate related was to transfer to the nursing home an approval under the Nursing Homes Assistance Act 1974 in respect of another nursing home conducted by the same proprietor on the same or a different site;
(iii) a certificate under subsection 39A(2) is granted on or after 1 July 1987; and
(iv) the proprietor, in the application for approval of the nursing home, requests that the nursing home be treated as a transferred home for the purposes of this Act;
(b) a nursing home, other than a nursing home to which paragraph (a) applies, approved on or after 1 July 1987 but before 1 July 1991 where:
(i) a certificate under subsection 3A(2) of the Nursing Homes Assistance Act 1974 was in force on 30 June 1987; and
(ii) the proprietor, in the application for approval of the nursing home, requests that the nursing home be treated as a transferred home for the purposes of this Act; and
(c) a nursing home, other than a nursing home to which paragraph (a) or (b) applies, that:
(i) on 30 June 1987 was an approved nursing home within the meaning of the Nursing Homes Assistance Act 1974 ; and
(ii) is not specified in a notice published under subsection 41(1) of the Nursing Homes and Hostels Legislation Amendment Act 1987 .
"vaccine" means a vaccine for the purpose of immunising persons.
(1A) In this Act, unless the contrary intention appears, a word or phrase defined for the purposes of the Health Insurance Act 1973 has the meaning that it would have if used in that Act.
(1AAA) A reference in this Act to a nursing home being approved is a reference to an approval having been in force, or having been deemed to be in force, under Part V, in respect of the nursing home, immediately before the commencement of the Aged Care Act 1997 (other than Division 1 of that Act).
(1C) For the purposes of the definition of qualified nursing home patient in subsection (1), where a mother and 2 or more newly born children of that mother occupy beds in an approved nursing home, one of those children, or each of those children in excess of one, shall be deemed to be a qualified nursing home patient.
(2) A reference in this Act to a prescription for the supply of a pharmaceutical benefit is a reference to a prescription written in accordance with subsection 88(1), (1A) or (1C).
(3) A reference in this Act to the supply of pharmaceutical benefits at premises is a reference to the supply of pharmaceutical benefits to people who are at the premises when the supply is made.
(5) A reference in this Act to the conditions applicable to a nursing home shall be read as a reference to the conditions to which the approval of a nursing home is subject by virtue of subsections 40AA(5A) and (6).
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