Commonwealth Numbered Acts

COMMUNITY SERVICES AND HEALTH LEGISLATION AMENDMENT ACT 1989 No. 95 of 1989 - SECT 59

59. Section 5 of the Principal Act is amended:

   (a)  by omitting from paragraph (1) (a) "and" (last occurring);

   (b)  by inserting after paragraph (1) (a) the following paragraph:

"(ab) section 40AB of the National Health Act 1953 has also effect after the
commencement of this paragraph as if:

        (i)    any reference in subsections (2) and (3) to a person's needing
               or requiring nursing care by reason of infirmity or illness,
               disease, incapacity or disability were a reference to that
               person's needing or requiring nursing care or personal care by
               reason of that person's condition as a disabled person; and

        (ii)   subsection (4) were omitted and the following subsection
               substituted:
'(4) The Minister shall not approve an application under subsection (3) on
behalf of a patient if the Minister is satisfied that:

   (a)  having regard to the medical condition of the patient and to any other
        relevant circumstances, the needs of the patient would be adequately,
        and more suitably, provided for in a place other than an approved
        nursing home; and

   (b)  accommodation in such a place is available to the patient'; and".