HUMAN SERVICES AND HEALTH LEGISLATION AMENDMENT ACT (No. 3) 1995 No. 149, 1995
Making Information - Assented to 16 December 1995
HUMAN SERVICES AND HEALTH LEGISLATION AMENDMENT ACT (No. 3) 1995 No. 149 of 1995 - TABLE OF PROVISIONS
CONTENTS Section 1. Short title 2. Commencement 3. Schedules 4. Repeal SCHEDULE 1 AMENDMENTS OF ACTS Childcare Rebate Act 1993 Health Insurance Act 1973 Health Insurance Commission Act 1973 National Health Act 1953 National Health and Medical Research Council Act 1992 SCHEDULE 2 MINOR TECHNICAL AMENDMENTS OF ACTS Aged and Disabled Persons Care Act 1954 Disability Services Act 1986 Health and Community Services Legislation Amendment Act 1991 Health and Community Services Legislation Amendment Act (No. 2) 1993 Health and Community Services Legislation Amendment Act 1994 Health Insurance Act 1973 Health Insurance Commission Act 1973 Health Legislation (Pharmaceutical Benefits) Amendment Act 1991 Health Legislation (Private Health Insurance Reform) Amendment Act 1995 Medicare Agreements Act 1992 National Health Act 1953 HUMAN SERVICES AND HEALTH LEGISLATION AMENDMENT ACT (No. 3) 1995 No. 149 of 1995 - LONG TITLE
An Act to amend legislation relating to human services and health, to repeal the Handicapped Persons Assistance Act 1974, and for related purposes HUMAN SERVICES AND HEALTH LEGISLATION AMENDMENT ACT (No. 3) 1995 No. 149 of 1995 - SECT 1 Short title
1. This Act may be cited as the Human Services and Health Legislation Amendment Act (No. 3) 1995. (Minister's second reading speech made in - House of Representatives on 28 September 1995 Senate on 16 October 1995) HUMAN SERVICES AND HEALTH LEGISLATION AMENDMENT ACT (No. 3) 1995 No. 149 of 1995 - SECT 2 Commencement
2.(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent. (2) Items 2, 3, 4, 6, 8, 9, 10, 11, 13, 18, 19, 21, 22, 23, 24, 25, 26, 27, 30, 31, 33, 34, 35, 37, 38, 39, 40, 43, 44, 45, 54 and 55 of Schedule 1 are taken to have commenced on 1 July 1994. (3) Item 7 of Schedule 1 is taken to have commenced on 1 September 1994. (4) Item 4 of Schedule 2 is taken to have commenced on the commencement of section 43 of the Health and Community Services Legislation Amendment Act 1991. (5) Item 5 of Schedule 2 is taken to have commenced on the commencement of section 19 of the Health and Community Services Legislation Amendment Act (No. 2) 1993. (6) Item 6 of Schedule 2 is taken to have commenced immediately before the commencement of section 24 of the Health and Community Services Legislation Amendment Act 1993. (7) Item 16 of Schedule 2 is taken to have commenced immediately before the commencement of section 13 of the Health Legislation (Pharmaceutical Benefits) Amendment Act 1991. (8) Item 18 of Schedule 2 is taken to have commenced immediately before the commencement of Part 3 of the Medicare Agreements Act 1992. (9) Item 20 of Schedule 2 is taken to have commenced immediately before the commencement of Schedule 2 to the Health Legislation (Private Health Insurance Reform) Amendment Act 1995. HUMAN SERVICES AND HEALTH LEGISLATION AMENDMENT ACT (No. 3) 1995 No. 149 of 1995 - SECT 3 Schedules

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3. The Acts specified in the Schedules to this Act are amended in accordance with the applicable items in the Schedules, and the other items in the Schedules have effect according to their terms. HUMAN SERVICES AND HEALTH LEGISLATION AMENDMENT ACT (No. 3) 1995 No. 149 of 1995 - SECT 4 Repeal
4. The Handicapped Persons Assistance Act 1974 is repealed. HUMAN SERVICES AND HEALTH LEGISLATION AMENDMENT ACT (No. 3) 1995 No. 149 of 1995 - SCHEDULE 1
SCHEDULE 1 Section 3 AMENDMENTS OF ACTS Childcare Rebate Act 1993 1. Subsection 3(5): Omit "and the consequences of making false or misleading statements", substitute ", the consequences of making false or misleading statements and the recovery of overpayments". 2. Section 4 (definition of registered carer): Add at the end: "Note: Section 52A can have the effect of backdating the time from which a person is taken to be a registered carer.". 3. Section 4 (definition of registered family): Add at the end: "Note: Section 24A can have the effect of backdating the time from which a family is taken to be a registered family.". 4. Section 4: Insert: "fee relief ceiling means the lowest weekly fee that a child care centre (within the meaning of the Child Care Act 1972) may charge for providing 50 hours of child care in respect of which the maximum amount of fee relief would be payable under the guidelines in force under section 12A of the Child Care Act 1972. Note: The Health Insurance Commission can tell you what the current fee relief ceiling is.". 5. After section 4: Insert: Provision of child care continues when child is absent "4A.(1) For the purposes of this Act, if: (a) a child would normally have received child care from a registered carer on a particular day; and (b) the carer was available to provide child care to the child; and (c) the child did not receive child care from the carer on that day; and (d) under the arrangement under which the child would normally have received child care on that day, an amount has been paid or is payable to the carer for that day in respect of the child; and (e) the child's non-receipt of child care occurred in circumstances to which a determination under subsection (2) applies; the carer is taken to have provided child care to the child on that day. "(2) The Minister may make a written determination that, even if children do not receive child care, child care is taken to have been provided to them in the circumstances specified in the determination. "(3) Determinations under subsection (2) are disallowable instruments for the purposes of section 46A of the Acts Interpretation Act 1901.". 6. Subsection 11(2): Omit the subsection, substitute: "(2) A child cannot be a dependent child unless he or she: (a) is aged under 13; or (b) has turned 13 but is aged under 17, and is a child to whom a determination under subsection (3) applies. "(3) The Minister may make a written determination that, in the circumstances specified in the determination, a child who has turned 13 but is aged under 17 can be a dependent child. "(4) Determinations under subsection (3) are disallowable instruments for the purposes of section 46A of the Acts Interpretation Act 1901.". 7. Paragraphs 14(1)(b) and (c): Omit the paragraphs, substitute: "(b) is, within the meaning of the Migration Act 1958, the holder of a permanent visa that is in effect.". 8. Paragraph 15(1)(a): Omit the paragraph, substitute: "(a) is undertaking: (i) a course of study at an educational institution in Australia; or (ii) a course of study in Australia of a kind specified in a determination under subsection (1A); and". 9. After subsection 15(1): Insert:
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"(1A) The Minister may make determinations as to the kinds of courses of study in Australia to which subparagraph (1)(a)(ii) applies.". 10. Subsection 15(3): Omit "subsection (2)", substitute "subsections (1A) and (2)". 11. After subsection 19(2): Insert: "(2A) The registration of a family is taken to have had effect on the day on which, in the Commission's opinion, the family was first eligible to be registered.". 12. Paragraph 19(3)(b): Add at the end "and the day on which the registration is taken to have had effect". 13. Section 19 (note): After "families" insert "and decisions as to the effective registration date of families". 14. Section 21: Add at the end (before the note): "(2) If the Commission is satisfied that a person whose name is not included in the registration of a registered family is or has become a member of that family, the Commission must vary the registration by adding the person's name.". 15. Paragraph 22(2)(b): Omit "on the basis of information it has received since the family was registered,". 16. Subsection 22(3): Omit the subsection (but not the note), substitute: "(3) The Commission may cancel a family's registration if it is satisfied that the Commission was given incorrect or misleading information in connection with: (a) the application for registration of the family; or (b) an application for variation of the registration.". 17. After paragraph 23(1)(b): Insert: "(ba) summarises the evidence and other material on which those grounds are based; and (bb) summarises the effect of the notice (including the review process provided for under this Act) on the family's entitlements to childcare rebate; and". 18. Subsection 24(1): Omit the subsection, substitute: "(1) This section applies if a member of a registered family ceases to be a dependent child because he or she ceases to meet the requirements of subsection 11(2).". 19. After section 24: Insert: Subsequent registration of families "24A. A family is taken to have been a registered family for the purposes of this Act at a particular time if: (a) at that time the family was not registered under section 19 but was eligible to be so registered; and (b) the family subsequently becomes so registered, and the registration is taken to have been in effect at that time (see subsection 19(2A)).". 20. Paragraph 26(a): Omit "received child care", substitute "were provided with child care". 21. After paragraph 26(b): Insert: "(ba) the family was a registered family at the time the child care was provided; and". 22. Section 26: Add at the end: "Note: Sections 24A and 52A may affect whether a family and/or a carer should be taken to be registered at the time the child care is provided.". 23. Section 28: Add at the end: "; (d) the person is included in a class of persons to whom a determination under subsection (2) applies. "(2) The Minister may make a written determination that any person included in a specified class of persons is exempt from the requirements of paragraphs (1)(a), (b) and (c). "(3) Determinations under subsection (2) are disallowable instruments for the purposes of section 46A of the Acts Interpretation Act 1901.". 24. Subsection 29(1): Add at the end: "; or (e) is included in a class of persons to whom a determination under
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subsection (1A) applies.". 25. After subsection 29(1): Insert: "(1A) The Minister may make a written determination that any person included in a specified class of persons is taken to have recognised work or work related commitments. "(1B) Determinations under subsection (1A) are disallowable instruments for the purposes of section 46A of the Acts Interpretation Act 1901.". 26. Section 32: Add at the end: "(5) For the purposes of this Act, if: (a) at the time the child care was provided, the family in question was not a registered family; and (b) the family later becomes a registered family and the registration is taken to have effect at that time (see subsection 19(2A)); the claim's validity is not affected by the lack of registration, and the claim is taken to have been so made on the day on which the claim was lodged, or the registration decision was made, whichever is the later. "(6) For the purposes of this Act, if: (a) at the time the child care was provided, the carer in question was not a registered carer; and (b) the carer later becomes a registered carer and the registration is taken to have effect at that time (see subsections 49(3A) and (3B)); the claim may only be lodged after the registration decision was made. "(7) For the purposes of this Act, if: (a) at the time the claim was lodged, the family in question was not a registered family; and (b) the family is taken to have been a registered family at the time the child care was provided (see section 24A); and (c) the registration was later cancelled; the claim's validity is not affected by the cancellation. "(8) For the purposes of this Act, if: (a) at the time the claim was lodged, the carer in question was not