Commonwealth Consolidated Acts

NATIONAL HEALTH ACT 1953 - SECT 65

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

"assessment" means an assessment under section 65GE.

"business or undertaking" , in relation to an approved nursing home, means the right to operate all of the beds determined under paragraph 40AA(6)(a) as the number of approved beds in relation to the nursing home.

"chargepayer" means a person who is, or has been, or may be liable to nursing home charge.

"Commonwealth benefit" has the meaning given by subsection 46(1).

"fee-increasing benefit" means an amount of Commonwealth benefit that may, in accordance with the principles formulated under subsection 40AA(7), be taken into account to increase fees when determining a scale of fees in respect of a nursing home.

"fee-reducing benefit" means an amount of Commonwealth benefit that may, in accordance with the principles formulated under subsection 40AA(7), be taken into account to decrease fees when determining a scale of fees in respect of a nursing home.

"first investigation" , in relation to an approved nursing home that is being sold, means the investigation carried out under paragraph 65C(1)(c).

"first investigation period" , in relation to an approved nursing home that is being sold, means the period referred to in paragraph 65C(1)(c).

"investigation period" means the first investigation period, or the second investigation period, in relation to an approved nursing home that is being sold.

"investigation to be carried out" has the meaning given by subsection (5).

"late-payment penalty" means penalty under section 65GM.

"missed out on receiving" has the meaning given in subsection (4).

"notified day for completion of sale" , in relation to a nursing home that is being sold, means the day on which, according to:

                     (a)  any notice given under the Act by the vendor to the Secretary; or

                     (b)  if the vendor has not given notice--any notice given under the Act by the purchaser to the Secretary; or

                     (c)  if neither the vendor nor the purchaser has given notice--the information (if any) received by the Secretary;

the sale of the nursing home is to be completed.

"notional scale of fees" has the meaning given by subsection 46(1).

"nursing home charge" means charge imposed by the Nursing Home Charge (Imposition) Act 1994 .

"overpayment" , in relation to Commonwealth benefit, has the meaning given by section 46B.

"overpayment outstanding" has the meaning given by section 65K.

"purchase of an approved nursing home" has the meaning given by subsection (2).

"purchase price" , in relation to an approved nursing home that is being sold, means:

                     (a)  the amount of money (if any) paid by the purchaser for the transfer of the ownership of the business or undertaking carried out at the nursing home to him or her; or

                     (b)  if the vendor is also selling real or personal property used:

                              (i)  to accommodate the business or undertaking carried out at the nursing home; or

                             (ii)  in the operation of the business or undertaking;

the sum of the amount of money that the purchaser pays for that property and of the amount referred to in paragraph (a).

"purchaser payment" , in relation to an approved nursing home that is being sold, means an amount paid by the purchaser of the nursing home in answer to a direction given under section 65H or 65J.

"remainder of the purchase price" , in relation to the sale of an approved nursing home, means so much of the purchase price of the nursing home that has not, before the settlement of the contract of sale of the nursing home, been paid to:

                     (a)  the vendor of the nursing home in settlement of the contract; or

                     (b)  the Commonwealth in answer to a direction under section 65GS or 65GT.

"sale of an approved nursing home" has the meaning given by subsection (3).

"second investigation" , in relation to an approved nursing home that is being sold, means the investigation carried out under paragraph 65C(1)(d).

"second investigation period" , in relation to an approved nursing home that is being sold, means the period referred to in paragraph 65C(1)(d).

"vendor" , in relation to an approved nursing home that is being, or has been, sold, means the proprietor of the nursing home immediately before the sale.

"vendor advance" , in relation to an amount determined by the Secretary under paragraph 65F(1)(g), in respect of an approved nursing home, means an amount paid by the vendor of the nursing home to the Commonwealth in answer to a direction given under section 65GT.

"vendor payment" , in relation to an overpayment outstanding in respect of an approved nursing home, means an amount paid by the vendor to the Commonwealth under section 65K.

             (2)  A purchase of an approved nursing home occurs when the ownership of the business or undertaking carried out at the nursing home is transferred from one person to another person whether or not that transfer results from the payment of an amount of money.

             (3)  A sale of an approved nursing home is the transfer of the ownership of the business or undertaking carried out at the nursing home from one person to another person whether or not that transfer occurs as the result of the payment of an amount of money.

             (4)  For the purposes of this Part, if:

                     (a)  a proprietor of an approved nursing home has, before 1 July 1993, received an amount of Commonwealth benefit in respect of the provision of nursing home care to an approved nursing home patient on a day; and

                     (b)  a reconciliation of the actual and estimated expenditure by the proprietor in respect of the provision of that care has been done in accordance with principles formulated under subsection 40AA(7); and

                     (c)  on the basis of the reconciliation it appears that the proprietor should have been entitled to receive, in respect of the provision of that care, an amount of Commonwealth benefit that is higher than the amount received by the proprietor;

the proprietor has missed out on receiving the difference between that higher amount and the amount received by the proprietor.

             (5)  A reference in this Part to an investigation to be carried out in respect of an approved nursing home is a reference to an investigation of such of the accounts, books, documents or other records relevant to the operation of the nursing home as the Secretary thinks appropriate.