Commonwealth Numbered Acts

NURSING HOMES AND HOSTELS LEGISLATION AMENDMENT ACT 1987 No. 72, 1987 - SECT 9

9. Section 40AA of the Principal Act is amended:

   (a)  by inserting after subsection (2) the following subsection:

"(2A) Where the Minister approves premises as an approved nursing home under
subsection (2), the Minister may, if the Minister considers it appropriate to
do so, also approve the premises as a nursing home for disabled people.";
(b) by inserting in subsection (3) "or (2A)" after "39A (2)";

   (c)  by omitting from subsection (3A) "39A (2)" (wherever occurring) and
        substituting "39A (2) or (2A)";

   (d)  by omitting from paragraph (3D) (b) "within the meaning of this Act or
        the Nursing Homes Assistance Act 1974";

   (e)  by omitting paragraph (6) (b) and substituting the following
        paragraph:

"(b) a condition that a person will not be admitted to the nursing home as a
qualified nursing home patient unless an approval under subsection 40AB (3) in
relation to the person is in force or the circumstances are such that it is
not practicable for such an approval to be obtained before the admission of
the person;";

   (f)  by omitting from subparagraph (6) (bb) (i) "or" (last occurring);

   (g)  by inserting in subparagraph (6) (bb) (ii) "or transferred home" after

"home" (second occurring);

   (h)  by adding at the end of paragraph (6) (bb) the following subparagraph:

"or (iii) where the nursing home is a transferred home, charge a short-term
respite care patient who occupies the permanent patient's bed during the
absence of the permanent patient a fee in respect of nursing home care that
exceeds the amount applicable for the purpose of subparagraph 47 (2) (b)
(iii);";

   (j)  by inserting after paragraph (6) (cc) the following paragraph:

"(cd) a condition that, except in accordance with the conditions referred to
in subparagraph (6) (bb) (ii) or (iii) or paragraph (c), the proprietor of the
nursing home shall not, in respect of the admission to the home of a person
who, on admission, would become a qualified nursing home patient, charge any
fee or solicit any contribution or financial assistance to the nursing home or
any other body or organisation, whether from that person or otherwise; or";

   (k)  by omitting subsections (7) and (7A) and substituting the following
        subsection:

"(7) The Minister may, by written instrument, formulate principles for the
determination of:

   (a)  scales of fees for the purpose of subparagraph (6) (c) (i) in relation
        to nursing homes generally or specified classes of nursing homes; and

   (b)  any matter required by this Act to be determined in accordance with
        principles formulated under this subsection.";

   (m)  by omitting subsection (9) and substituting the following subsection:

"(9) An approval under subsection (8) of an admission has effect for the
purposes of this Act as if:

   (a)  it had been given under subsection 40AB (3) before the admission; and

   (b)  it were expressed to have effect for a period that includes the day of
        the admission."; and

   (n)  by adding at the end the following subsections:

"(13) Where a person is admitted to an approved nursing home as a qualified
nursing home patient or as a short-term respite care patient without approval
having been obtained under section 40AB or 40ABA, the proprietor of the
nursing home shall, as soon as practicable and, in any case, within 3 days
after the day of admission, notify the Secretary of the admission of the
person.

"(14) An application for approval under subsection (8) or (10) shall be in
accordance with the authorised form and shall be sent, by prepaid post, to the
Secretary.

"(15) Subject to subsection (16), approval under subsection (8) or (10) of the
admission of a person to a nursing home shall not be given unless:

   (a)  notification has been given in accordance with subsection (13); and

   (b)  the application for approval is made within 3 days after the day of
        admission.

"(16) Notwithstanding subsection (15), approval under subsection (8) or (10)
may be given where:

   (a)  an application is made in accordance with subsection (14) by the
        proprietor of a nursing home;

   (b)  because of special circumstances, it was not practicable for the
        application to be made within the period specified in subsection (15);

   (c)  notification was given in accordance with subsection (13); and

   (d)  the application was made as soon as was practicable.

"(17) The period of 3 days referred to in subsection (15) shall be ascertained
exclusive of Saturday, Sunday and any day that is a public holiday in the
place in which the nursing home is situated.

"(18) Where a person is admitted to an approved nursing home as a qualified
nursing home patient without approval under section 40AB, the proprietor of
the nursing home shall, while the person remains a patient in the home without
approval under subsection (8) or section 40AB, make the deduction required by
subsection (5A) in the amount that would have been required if the person were
an approved nursing home patient.".