Document ID: chunk:federal_register_of_legislation:C2004A04427:body:0:p1
Version: federal_register_of_legislation:C2004A04427
Segment Type: other
Provision Reference: 
Character Range: 11–2944

Health and Community Services Legislation
           Amendment Act 1992

No. 136 of 1992

An Act to amend legislation relating to health and community services, and for related purposes

[Assented to 11 November 1992]

  The Parliament of Australia enacts:

PART 1—PRELIMINARY

Short title

1. This Act may be cited as the Health and Community Services Legislation Amendment Act 1992.

Commencement

2.(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(2) Section 38, paragraph 39(a), sections 41 and 43, paragraph 44(d) and section 49 are taken to have commenced on the commencement of Part VII of the National Health Act 1953.

  (3)     Section 40 is taken to have commenced on 1 July 1992.

(4)     Sections 46 and 47 are taken to have commenced on 18 December 1990.

PART 2—AMENDMENTS OF THE HEALTH INSURANCE ACT 1973

Principal Act

3. In this Part, "Principal Act" means the Health Insurance Act 19731.

Interpretation

  4. Section 3 of the Principal Act is amended:

     (a)     by omitting from the definition of "out-patient service" in subsection (1) "an in-patient" and substituting "a patient";

     (b)    by omitting from paragraph (a) of the definition of "patient contribution" in subsection (1) "an in-patient" and substituting "a patient";

     (c)     by omitting from the definition of "private patient" in subsection (1) "an in-patient" and substituting "a patient";

     (d)    by omitting from the definition of "public patient" in subsection (1) "an in-patient" and substituting "a patient";

   (e)     by omitting from subsection (1) the definition of "in-patient";

   (f) by inserting in subsection (1) the following definition:

     " 'patient', in relation to a hospital, does not include:

         (a)     a member of the staff of the hospital who is receiving treatment in his or her own quarters; or

         (b)     except as provided by subsection (2), a newly-born child whose mother also occupies a bed in the hospital;";

     (g) by omitting from paragraphs (2)(a) and (b) "an in-patient" and substituting "patient".

Health service not specified in an item

5. Section 3C of the Principal Act is amended by omitting from subparagraph (1)(a)(ii) "or the pathology services table" and substituting ", the pathology services table or the diagnostic imaging services table".

Recognition as specialists of members of certain organisations

6. Section 3D of the Principal Act is amended by inserting after subsection (2) the following subsections:

"(2A) A determination under paragraph (1)(c) has effect, or is taken to have had effect:

    (a) on and from the day specified for the purpose by the Minister in the determination; or

     (b) if no such day is specified—on and from the day on which the determination is made.

"(2B) A day specified under paragraph (2A)(a) may be a day that occurred before the day