HEALTH LEGISLATION FURTHER AMENDMENT ACT 2004 - SCHEDULE 5

This legislation has been repealed.

HEALTH LEGISLATION FURTHER AMENDMENT ACT 2004 - SCHEDULE 5

SCHEDULE 5 – Amendment of Public Health Act 1991 No 10

(Section 4)

[1] Section 3 Definitions

Insert in alphabetical order in section 3 (1):

"nursing home" means a facility at which residential care (within the meaning of the Aged Care Act 1997 of the Commonwealth) is provided and in relation to which any one or more of the following is satisfied:

(a) a licence was in force, or an approval of an application for a licence in principle was effective, under the Nursing Homes Act 1988 in relation to the facility immediately before the repeal of that Act,

(b) residential care is provided at the facility in relation to an allocated place under the Aged Care Act 1997 of the Commonwealth and that place requires a high level of residential care within the meaning of that Act,

(c) the facility belongs to a class of facilities prescribed by the regulations.

[2] Section 52

Omit the section. Insert instead:

52 Nursing requirements for nursing homes

(1) A person who operates a nursing home must:

(a) ensure that a registered nurse is on duty in the nursing home at all times, and

(b) ensure that a registered nurse is appointed as a director of nursing of the nursing home, and

(c) ensure that any vacancy in the position of director of nursing of the nursing home is filled within 7 days.

Maximum penalty: 20 penalty units.

(2) The regulations may prescribe the minimum necessary qualifications for a registered nurse to be appointed as a director of nursing at a nursing home.

(3) In this section:

"director of nursing" of a nursing home means the registered nurse responsible for care of the residents of the nursing home.

"registered nurse" has the same meaning as in the Nurses and Midwives Act 1991 .

[3] Section 68 Definitions

Omit "within the meaning of the Nursing Homes Act 1988 " from paragraph (e) of the definition of "hospital".

[4] Schedule 4 Savings and transitional provisions

Insert at the end of clause 1 (2A):

Health Legislation Further Amendment Act 2004 (but only to the extent that it amends this Act or repeals the Nursing Homes Act 1988 )

[5] Schedule 4, Part 6

Insert after Part 5:

Part 6 - Provision consequent on the repeal of the Nursing Homes Act 1988

19 Reference to nursing homes in other Acts, instruments or documents A reference in any other Act, statutory instrument or other document to a nursing home within the meaning of the Nursing Homes Act 1988 is taken to include a reference to a nursing home within the meaning of this Act.