(2) Sections 11, 18, 33 and 41 of this Act shall be deemed to have come into operation on 1 July 1985.

PART II—AMENDMENTS OF THE DELIVERED MEALS SUBSIDY ACT 1970

Principal Act

3. The Delivered Meals Subsidy Act 19701 is in this Part referred to as the Principal Act.

Interpretation

4. Section 3 of the Principal Act is amended—

(a) by omitting from sub-section (1) the definition of “approved organization” and substituting the following definitions:

“‘approved organisation’ means an eligible organisation that is approved under section 5;

‘Australian Capital Territory’ includes the Jervis Bay Territory;

‘base amount’, in relation to an approved organisation and a State in which that organisation provides meals in the course of conducting an approved meal service, means an amount ascertained to be the base amount in accordance with sub-section 6 (8) in relation to that organisation and that State;

‘base year’ means the financial year commencing on 1 July 1984;”;

(b) by omitting “organization” (wherever occurring) from the definition of “eligible organization” in sub-section (1) and substituting “organisation”;

“ ‘first relevant period’ means the period commencing on the prescribed commencement day and ending on 30 June 1986;”;

(d) by inserting after the definition of “fruit” in sub-section (1) the following definition:

“ ‘index number’, in relation to a State in which meals are provided by an approved organisation in the course of conducting an approved meal service, means—

(a) the hourly award rates of pay for adult wage earners index number for the community services industry for that State as provided by the Australian Statistician in respect of each month of March; or

(b) the All Groups Consumer Price Index number (excluding hospital and medical services) for the capital city of that State as provided by the Australian Statistician in respect of each March quarter;”;

(e) by inserting after the definition of “local governing body” in subsection (1) the following definitions:

“‘prescribed commencement day’ means the day on which the Home and Community Care (Miscellaneous Amendments) Act 1985 receives the Royal Assent;

‘relevant period’ means—

(a) the first relevant period;

(b) the second relevant period; or

‘second relevant period’ means the financial year commencing on 1 July 1986;”;

(f) by adding at the end of sub-section (1) the following definition:

“‘State’ includes the Northern Territory and the Australian Capital Territory.”; and

(g) by omitting sub-section (2) and substituting the following sub-sections:

“(2) Subject to sub-section (3), if at any time, whether before or after the prescribed commencement day, the Australian Statistician has provided or provides an index number in respect of a March quarter or in respect of a month of March for a State in which meals are provided by an approved organisation in the course of conducting an approved meal service in substitution for an index number previously provided for that State in respect of that quarter or that month, the first-mentioned index number shall be disregarded for the purposes of section 6.

“(3) If at any time, whether before or after the prescribed commencement day, the Australian Statistician has changed or changes the reference base for an index number for a State in which meals are provided by an approved organisation in the course of conducting an approved meal service then, for the purposes of the application of section 6 after the change took place or takes place, regard shall be had only to the index number for that State provided in terms of the new reference base.

“(4) In determining the proportion that one period bears to another period—

(a) a period consisting of a number of whole weeks and a part of a week shall be treated as if it were a period consisting of that number of whole weeks increased by one; and

(b) a period consisting of a part only of one week shall be treated as if it were a period of a week.

“(5) For the purposes of sub-section 6 (9) where—

(a) the total period consists of a number of whole weeks and a part of a week—the total period shall be treated as if it were a period consisting of that number of whole weeks increased by one; and

(b) the total period consists of a part only of a week—the total period shall be treated as if it were a period of a week.”.

Repeal of section 4

5. Section 4 of the Principal Act is repealed.

Secretary’s approvals

6. Section 5 of the Principal Act is amended—

(a) by omitting from sub-section (1) “organization” (wherever occurring) and substituting “organisation”; and

(b) by adding at the end the following sub-section:

“(4) The Secretary shall not give an approval under paragraph (1) (a) or (b) on or after the prescribed commencement day.”.

7. Section 6 of the Principal Act is repealed and the following sections are substituted:

Authorisation of payments

“6. (1) Subject to this Act, the Secretary may authorise the payment of a subsidy to an approved organisation in respect of the provision by that organisation of meals in the course of conducting an approved meal service in a State in a relevant period.

“(2) The Secretary shall not authorise the payment of a subsidy under this Act to an approved organisation in respect of the provision by that organisation of meals in the course of conducting an approved meal service in a State—

(a) where those meals were provided in a relevant period, or in a part of a relevant period, that occurs on or after the day on which an agreement substantially in accordance with the form contained in the Schedule to the Home and Community Care Act 1985 was, or is, entered into between the Commonwealth and that State; or

(b) if, in the circumstances to which paragraph (a) does not apply, those meals were provided on or after the prescribed commencement day and they were the first meals to be provided by that organisation in the course of conducting that service in that State.

“(3) The amount of subsidy payable to an approved organisation in respect of the provision by that organisation of meals in the course of conducting an approved meal service in a State in a relevant period shall be determined by the Secretary but shall not exceed—

(a) where meals were provided by that organisation in the course of conducting that service in that State during the base year—an amount equal to the lesser of—

(i) an amount equal to the sum of—

(a) subject to sub-section (5), the product of 55 cents and the number of meals (if any) provided by that organisation in that State in that relevant period that included fresh fruit or fruit juice in accordance with an arrangement approved under section 5; and

(b) the product of 50 cents and the number of meals (if any) provided by that organisation in that State in that relevant period that did not include fresh fruit or fruit juice; and

(ii) the amount that is—

(a) where the relevant period is the first relevant period— the product of the adjustment factor and the amount that bears the same proportion to the base amount in respect of that organisation and that State as the first relevant period bears to a period of 52 weeks;

(b) where the relevant period is the second relevant period—the product of the adjustment factor and the amount that bears the same proportion to the amount calculated in accordance with sub-sub-paragraph (a) in respect of the provision by that organisation of meals in the course of conducting that service in that State in the first relevant period as a period of 52 weeks bears to the first relevant period; or

(c) where the relevant period is neither the first nor the second relevant period—the product of the adjustment factor and the amount calculated in accordance with whichever of sub-sub-paragraph (b) or this sub-sub-paragraph (in a previous application of this sub-section) applies in respect of the provision by that organisation of meals in the course of conducting that service in that State in the immediately preceding relevant period; and

(b) where meals were first provided by that organisation in the course of conducting that service in that State in the period commencing on 1 July 1985 and ending on the day before the prescribed commencement day (in this paragraph referred to as the ‘prescribed period’)—an amount equal to the lesser of—

(i) an amount equal to the sum of—

(a) subject to sub-section (5), the product of 55 cents and the number of meals (if any) provided by that organisation in that State in that relevant period that

included fresh fruit or fruit juice in accordance with an arrangement approved under section 5; and

(b) the product of 50 cents and the number of meals (if any) provided by that organisation in that State in that relevant period that did not include fresh fruit or fruit juice; and

(ii) the amount—

(a) where the relevant period is the first relevant period— that bears the same proportion to the amount of subsidy paid to that approved organisation in respect of the provision by that organisation of meals in the course of conducting that service in that State in the prescribed period, or in the part of that period during which the service was provided, as the first relevant period bears to the prescribed period, or to the part of that period during which that service was provided, as the case may be; or

(b) where the relevant period is the second or a subsequent relevant period—that bears the same proportion to the amount ascertained in accordance with sub-sub-paragraph (a) in respect of the provision of meals in the course of conducting that service in that State in the first relevant period as a period of 52 weeks bears to the first relevant period.

“(4) The Secretary may, for the purposes of sub-section (5), by notice published in the Gazette, specify conditions (in addition to any conditions applicable under section 9) relating to the operation and management of approved organisations in relation to the conduct by those organisations of approved meal services.

“(5) Where the Secretary is satisfied that an approved organisation is, in conducting an approved meal service, complying with the conditions referred to in sub-section (4) that apply to that organisation, the amount of 65 cents shall be substituted for the amount of 55 cents for the purposes of the operation of sub-sub-paragraph (3) (a) (i) (a) or (3) (b) (i) (a).

“(6) For the purposes of sub-paragraph (3) (a) (ii), the adjustment factor, in respect of a relevant period and a State in which an approved organisation is providing meals in the course of conducting an approved meal service, is a number calculated in accordance with the formula , where—

A and B are the hourly award rates of pay for adult wage earners index numbers for the community services industry for that State as provided

by the Australian Statistician in relation to the series entitled ‘Award Rates of Pay Indexes, Australia’, in respect of the month of March in that relevant period and in respect of the preceding month of March, respectively; and

C and D are the All Groups Consumer Price Index numbers (excluding hospital and medical services) for the capital city of that State as provided by the Australian Statistician in relation to the series entitled ‘Consumer Price Index’ in respect of the March quarter of that relevant period and in respect of the preceding March quarter, respectively.

“(7) Where the adjustment factor in respect of a relevant period and a State in which an approved organisation is providing meals in the course of conducting an approved meal service, as ascertained in accordance with sub-section (6), would, but for the operation of this sub-section, be less than one, that factor shall be taken to be one.

“(8) For the purposes of this section, the base amount in respect of the provision of meals by an approved organisation in the course of conducting an approved meal service in a State during the base year is an amount equal to—

(a) where meals were provided by that organisation in the course of conducting that service in that State throughout the base year—

(i) if none of those meals attracted a higher rate of subsidy by virtue of the operation of sub-section 6 (1b) as that section was in force immediately before the prescribed commencement day—subject to paragraph (c), the amount of subsidy paid or payable to that approved organisation under section 6 as that section was in force immediately before the prescribed commencement day in respect of the provision of those meals by that organisation in the course of conducting that service in that State in the base year; or

(ii) if at least one of those meals attracted a higher rate of subsidy by virtue of the operation of sub-section 6 (1b) as that section was in force immediately before the prescribed commencement day—subject to paragraph (c), the product of 65 cents and the total number of meals provided by that organisation in the course of conducting that service in that State in the base year;

(b) where meals were provided by that organisation in the course of conducting that service in that State during a period consisting of a part only of the base year (in this paragraph referred to as the ‘prescribed period’)—

(i) if none of those meals attracted a higher rate of subsidy by virtue of the operation of sub-section 6 (1b) as that section

was in force immediately before the prescribed commencement day—subject to paragraph (c), the amount that bears the same proportion to the amount of subsidy paid or payable to that organisation under section 6 as that section was in force immediately before the prescribed commencement day in respect of the provision of meals by that organisation in the course of conducting that service in that State in the prescribed period as a period of 52 weeks bears to the prescribed period; or

(ii) if at least one of those meals attracted a higher rate of subsidy by virtue of the operation of sub-section 6 (1b) as that section was in force immediately before the prescribed commencement day—subject to paragraph (c), the product of 65 cents and the number of meals that bears the same proportion to the number of meals provided in the prescribed period as a period of 52 weeks bears to the prescribed period; or

(c) where the Secretary has, in accordance with sub-section (9), given a direction specifying a period in the base year during which the number of meals provided by that organisation in the course of conducting that service in that State increased significantly—

(i) where the amount ascertained in accordance with sub-paragraph (a) (i) or (b) (i) would, but for this provision, be applicable—the amount that bears the same proportion to the amount of subsidy paid or payable to that approved organisation under section 6 as that section was in force immediately before the prescribed commencement day in respect of the provision of meals by that organisation in the course of conducting that service in that State in that specified period as a period of 52 weeks bears to the specified period; or

(ii) where the amount ascertained in accordance with sub-paragraph (a) (ii) or (b) (ii) would, but for this provision, be applicable—the amount that bears the same proportion to the product of 65 cents and the number of meals provided by that organisation in the course of conducting that service in that State in that specified period as a period of 52 weeks bears to the specified period.

“(9) Where the Secretary is satisfied that the number of meals provided by an approved organisation in the course of conducting an approved meal service in a State in the base year increased significantly during a significant part, or significant parts, of that year, the Secretary may give a direction in writing specifying the total period during which, in the Secretary’s opinion, the number of meals so provided increased significantly.

“(10) Where—

(a) at least one of the meals provided by an approved organisation in the course of conducting an approved meal service in a State in the period commencing on 1 July 1985 and ending on the day before the prescribed commencement day (in this sub-section referred to as the ‘prescribed period’), being an approved meal service that was provided by that organisation during the base year, attracted a higher rate of subsidy by virtue of the operation of sub-section 6 (1b) as that section was in force immediately before the prescribed commencement day; or

(b) the Secretary is satisfied that the number of meals provided by an approved organisation in the course of conducting an approved meal service in a State in the prescribed period, being a service that was provided during the base year, increased significantly for a significant period during the prescribed period,

the Secretary may, in respect of the first relevant period, determine, in writing, a different amount in respect of the provision of those meals by that organisation in the course of conducting that service in that State from the product calculated in accordance with sub-sub-paragraph (3) (a) (ii) (a) and, where the Secretary makes such a determination, that determined amount shall, for the purposes of the operation of sub-paragraph (3) (a) (ii), be substituted for the amount that would, but for this provision, have applied in respect of the first relevant period under sub-sub-paragraph (3) (a) (ii) (a) had no determination been made.

Advances

“6a. (1) The Secretary may, by writing, at such times as the Secretary thinks fit, authorise the making to an approved organisation of an advance on account of an amount of subsidy that is expected to become payable to the approved organisation under section 6 in respect of the provision by that organisation of meals in the course of conducting an approved meal service in a State in a relevant period, and the terms and conditions that would be applicable to a payment of such an amount of subsidy are applicable to any such advance.

“(2) If the total amount of advances paid to an approved organisation under sub-section (1) on account of an amount of subsidy that is expected to become payable to the approved organisation under section 6 in respect of the provision by that organisation of meals in the course of conducting an approved meal service in a State in a relevant period exceeds the total amount of subsidy that is so payable, an amount equal to the amount of that excess—

(a) may be deducted by the Commonwealth from the amount of subsidy that would, but for this provision, be payable to that approved

organisation under section 6 in respect of the provision by that organisation of meals in the course of conducting that service in a State in a succeeding relevant period; or

(b) is recoverable by the Commonwealth from that approved organisation as a debt due to the Commonwealth.

Payments to approved organisations in the Australian Capital Territory

“6b. The Minister may, on or after the prescribed commencement day, by notice published in the Gazette, declare that, in respect of meals provided in the Australian Capital Territory on or after the day specified in that notice by an approved organisation in the course of conducting an approved meal service in the Australian Capital Territory, the Secretary will not authorise the making of a payment to that organisation pursuant to section 6 in respect of those meals.”.

Claims for payment

8. Section 7 of the Principal Act is amended by omitting “organization” and substituting “organisation”.

Information to be furnished

9. Section 8 of the Principal Act is amended by omitting “organization” (wherever occurring) and substituting “organisation”.

Terms and conditions

10. Section 9 of the Principal Act is amended by omitting “organization” (wherever occurring) and substituting “organisation”.

11. Section 10 of the Principal Act is repealed and the following section is substituted:

Appropriation

“10. Payments (including advances) under this Act shall be made out of money appropriated from time to time by the Parliament for the purpose.”.

Transitional

12. (1) Notwithstanding the amendments of the Principal Act made by this Act, the provisions of the Principal Act, other than section 10 of that Act, continue to apply, on and after the prescribed commencement day, in relation to meals provided by an approved organisation in the course of conducting an approved meal service in a State before the prescribed commencement day as if—

(a) those provisions had not been amended by this Act; and

(b) where—

(i) the prescribed commencement day occurs before 1 October 1985—the period commencing on 1 July 1985 and ending on

the day before the prescribed commencement day was a period to which this Act applies; or

(ii) the prescribed commencement day occurs after 1 October 1985 and before 1 January 1986—the period commencing on 1 October 1985 and ending on the day before the prescribed commencement day was a period to which this Act applies.

(2) Conditions specified by the Secretary by notice published in the Gazette before the prescribed commencement day pursuant to sub-section 6 (1a) as that section was in force immediately before the prescribed commencement day, being conditions that were in force immediately before the prescribed commencement day, shall, after the prescribed commencement day, have effect as if they were conditions specified by the Secretary by notice published in the Gazette pursuant to sub-section 6 (4) of the Principal Act as amended by this Act.

(3) In this section—

(a) “prescribed commencement day” has the same meaning as in the Principal Act as amended by this Act; and

(b) “approved organisation”, “approved meal service” and “a period to which this Act applies” have the same respective meanings as in the Principal Act.

PART III—AMENDMENTS OF THE HOME NURSING SUBSIDY ACT 1956

Principal Act

13. The Home Nursing Subsidy Act 19562 is in this Part referred to as the Principal Act.

Title

14. The title of the Principal Act is amended by omitting “Organizations” and substituting “Organisations”.

Interpretation

15. Section 3 of the Principal Act is amended—

(a) by omitting the definition of “eligible organization” and substituting the following definitions:

“ ‘base amount’, in relation to the provision in a State of a home nursing service by an eligible organisation, means the amount ascertained to be the base amount in accordance with sub-section 6 (4) in relation to that organisation and that State;

‘base year’ means the financial year commencing on 1 July 1984;

‘eligible organisation’ means an organisation that is eligible for a subsidy by virtue of section 5;

‘first relevant period’ means the period commencing on the prescribed commencement day and ending on 30 June 1986;”;

(b) by inserting after the definition of “home nursing service” the following definition:

“ ‘index number’, in relation to a State in which an eligible organisation provides a home nursing service, means—

“‘organisation’ means a society, body or group of persons, whether corporate or unincorporate;

‘prescribed commencement day’ means the day on which the Home and Community Care (Miscellaneous Amendments) Act 1985 receives the Royal Assent;

‘relevant period’ means—

(a) the first relevant period;

(b) the second relevant period; or

‘second relevant period’ means the financial year commencing on 1 July 1986;”;

(d) by omitting “organization” from the definition of “State assistance” and substituting “organisation”; and

(e) by adding at the end the following sub-sections:

“(2) Subject to sub-section (3), if at any time, whether before or after the prescribed commencement day, the Australian Statistician has provided or provides an index number for a State in respect of a March quarter or in respect of a month of March in substitution for an index number previously provided for that State in respect of that quarter or that month, the first-mentioned index number shall be disregarded for the purposes of section 6.

“(3) If at any time, whether before or after the prescribed commencement day, the Australian Statistician has changed or changes the reference base for an index number for a State then, for the purposes of the application of section 6 after the change took place or takes place, regard shall be had only to the index number for that State provided in terms of the new reference base.

“(4) In determining the proportion that one period bears to another period—

(a) a period consisting of a number of whole weeks and a part of a week shall be treated as if it were a period consisting of that number of whole weeks increased by one; and

(b) a period consisting of a part only of one week shall be treated as if it were a period of a week.

“(5) For the purposes of sub-section 6 (7) where—

(a) the total period consists of a number of whole weeks and a part of a week—the total period shall be treated as if it were a period consisting of that number of whole weeks increased by one; and

(b) the total period consists of a part only of a week—the total period shall be treated as if it were a period of a week.”.

Eligibility for subsidy

16. Section 5 of the Principal Act is amended—

(a) by omitting “organization” (wherever occurring) and substituting “organisation”; and

(b) by omitting from sub-section (1) “conducts” and substituting “provides”.

17. Section 6 of the Principal Act is repealed and the following sections are substituted:

Grants of subsidies

“6. (1) Subject to this Act, where an eligible organisation that provides a home nursing service in a State during a relevant period receives or is to receive State assistance in respect of that relevant period in respect of the provision of that home nursing service, the Minister may grant a subsidy to that organisation in respect of the provision of that service in respect of that relevant period.

“(2) The Minister shall not grant a subsidy under this Act to an eligible organisation in respect of the provision by that organisation of a home nursing service in a State—

(a) where that service was provided in a relevant period, or in a part of a relevant period, that occurs on or after the day on which an agreement substantially in accordance with the form contained in the Schedule to the Home and Community Care Act 1985 was, or is, entered into between the Commonwealth and that State; or

(b) if, in circumstances to which paragraph (a) does not apply, that home nursing service was first provided by that eligible organisation in that State on or after the prescribed commencement day.

“(3) The amount of subsidy payable to an eligible organisation in respect of the provision in a State of a home nursing service by that organisation in a relevant period shall be determined by the Minister but shall not exceed—

(a) where the home nursing service was provided by an eligible organisation in that State during the base year—an amount equal to the lesser of—

(i) the amount of State assistance received or to be received by that eligible organisation in respect of the provision in that State of that home nursing service in that relevant period; and

(ii) the amount that is—

(a) where the relevant period is the first relevant period— subject to sub-section (8), the product of the adjustment factor and the amount that bears the same proportion to the base amount in respect of that organisation and that State of that home nursing service as the first relevant period bears to a period of 52 weeks;

(b) where the relevant period is the second relevant period—the product of the adjustment factor and the amount that bears the same proportion to the amount calculated in accordance with sub-sub-paragraph (a) in respect of the provision in that State of that home nursing service in the first relevant period as a period of 52 weeks bears to the first relevant period; or

(c) where the relevant period is neither the first nor the second relevant period—the product of the adjustment factor and the amount calculated in accordance with whichever of sub-sub-paragraph (b) or this sub-sub-paragraph (in a previous application of this sub-section) applies in respect of the provision in that State of that home nursing service in the immediately preceding relevant period; and

(b) where the home nursing service was first provided by that eligible organisation in that State in the period commencing on 1 July 1985 and ending on the day before the prescribed commencement day (in this paragraph referred to as the ‘prescribed period’)—an amount equal to the lesser of—

(i) the amount of State assistance received or to be received by the eligible organisation in respect of the provision in that State of that home nursing service in that relevant period; and

(ii) the amount—

(a) where the relevant period is the first relevant period— that bears the same proportion to the amount of

subsidy granted or to be granted to that eligible organisation in respect of the provision in that State of that home nursing service in the prescribed period, or in the part of that period during which the service was provided, as the first relevant period bears to the prescribed period, or to the part of that period during which that service was provided, as the case may be; or

(b) where the relevant period is the second or a subsequent relevant period—that bears the same proportion to the amount ascertained in accordance with sub-sub-paragraph (a) in respect of the provision in that State of that home nursing service in the first relevant period as a period of 52 weeks bears to the first relevant period.

“(4) For the purposes of this section, the base amount in respect of the provision of a home nursing service by an eligible organisation in a State in the base year is an amount equal to—

(a) where that service was provided by that organisation in that State throughout the base year—subject to paragraph (c), the amount of subsidy granted, or to be granted, to that eligible organisation under section 6 as that section was in force immediately before the prescribed commencement day in respect of the provision in that State of a home nursing service in the base year;

(b) where that service was provided by that organisation in that State during a period consisting of a part only of the base year (in this paragraph referred to as the ‘prescribed period’)—subject to paragraph (c), the amount that bears the same proportion to the amount of subsidy granted, or to be granted, to that organisation under section 6 as that section was in force immediately before the prescribed commencement day in respect of the provision by that organisation of that service in that State in the prescribed period as a period of 52 weeks bears to the prescribed period; and

(c) where the Minister has, in accordance with sub-section (7), given a direction specifying a period in the base year during which the service provided by that organisation increased significantly—the amount that bears the same proportion to the amount of subsidy granted, or to be granted, to that eligible organisation under section 6 as that section was in force immediately before the prescribed commencement day in respect of the provision by that organisation of that service in that State in the specified period as a period of 52 weeks bears to the specified period.

“(5) For the purposes of sub-paragraph (3) (a) (ii), the adjustment factor in respect of a State and a relevant period is a number calculated

in accordance with the formula , where—

A and B are the hourly award rates of pay for adult wage earners index numbers for the community services industry for that State as provided by the Australian Statistician in relation to the series entitled ‘Award Rates of Pay Indexes, Australia’, in respect of the month of March in that relevant period and in respect of the preceding month of March, respectively; and

“(6) Where the adjustment factor in respect of a State and a relevant period, as ascertained in accordance with sub-section (5), would, but for the operation of this sub-section, be less than one, that factor shall be taken to be one.

“(7) Where the Minister is satisfied that the level of a home nursing service that was provided by an eligible organisation in a State during the base year increased significantly during a significant part, or significant parts, of that year, the Minister may give a direction in writing specifying the total period during which, in the Minister’s opinion, the level of the home nursing service increased significantly.

“(8) Where the Minister is satisfied that the level of a home nursing service that was provided by an eligible organisation in a State during the base year increased significantly for a significant period during the period commencing on 1 July 1985 and ending on the day before the prescribed commencement day, the Minister may, in respect of the first relevant period, determine, in writing, a different amount in respect of the provision by that organisation of that service in that State from the product calculated in accordance with sub-sub-paragraph (3) (a) (ii) (A) and, where the Minister makes such a determination, that determined amount shall, for the purposes of the operation of sub-paragraph (3) (a) (ii), be substituted for the amount that would, but for this provision, have applied in respect of the first relevant period under sub-sub-paragraph (3) (a) (ii) (A) had no determination been made.

“(9) A reference in sub-section (7) or (8) to the level of a home nursing service that was provided by an eligible organisation in a State during the base year increasing significantly includes a reference to a significant increase in the number of nurses employed to carry out, or in the number of hours worked by nurses in carrying out, that service.

“(10) A subsidy may be granted on such terms and conditions as the Minister determines.

“(11) A subsidy shall be paid in such instalments and in such manner as the Minister directs.

Advances

“6a. (1) The Minister may, by writing, at such times as the Minister thinks fit, authorise the making to an eligible organisation of an advance on account of an amount of subsidy that is expected to become payable to that eligible organisation under section 6 in respect of the provision by that organisation of a home nursing service in a State in a relevant period, and the terms and conditions that would be applicable to a payment of such an amount of subsidy are applicable to any such advance.

“(2) If the total amount of advances paid to an eligible organisation under sub-section (1) on account of an amount of subsidy that is expected to become payable to the eligible organisation under section 6 in respect of the provision by that organisation of a home nursing service in a State in a relevant period exceeds the total amount of subsidy that is so payable, an amount equal to the amount of that excess—

(a) may be deducted by the Commonwealth from the amount of subsidy that would, but for this provision, be payable to that eligible organisation under section 6 in respect of the provision by that eligible organisation of a home nursing service in that State in a succeeding relevant period; or

(b) is recoverable by the Commonwealth from that eligible organisation as a debt due to the Commonwealth.”.

18. Section 7 of the Principal Act is repealed and the following section is substituted:

Appropriation

“7. Payments (including advances) under this Act shall be made out of money appropriated from time to time by the Parliament for the purpose.”.

Repeal of section 8

19. Section 8 of the Principal Act is repealed.

Transitional

20. (1) Notwithstanding the amendments of the Principal Act made by this Act, the provisions of the Principal Act, other than section 7 of that Act, continue to apply, on and after the prescribed commencement day, in relation to amounts of State assistance received by an eligible organisation in respect of the provision by that organisation of a home nursing service in a State before the prescribed commencement day as if those provisions had not been amended by this Act.

(2) In sub-section (1)—

(a) “prescribed commencement day” has the same meaning as in the Principal Act as amended by this Act; and

(b) “State assistance”, “eligible organisation” and “home nursing service” have the same respective meanings as in the Principal Act.

PART IV—AMENDMENTS OF THE STATES GRANTS (HOME CARE) ACT 1969

Principal Act

21. The States Grants (Home Care) Act 19693 is in this Part referred to as the Principal Act.

Title

22. The title of the Principal Act is amended by omitting “Organizations” and substituting “Organisations”.

Interpretation

23. Section 4 of the Principal Act is amended—

(a) by inserting after the definition of “approved welfare service” in sub-section (1) the following definitions:

“ ‘base amount’, in relation to the expenditure by a participating State of an amount for or in connection with an approved home care service scheme, means the amount ascertained in accordance with sub-section 6 (4), or the amount determined by the Minister in accordance with sub-section 6 (5), to be the base amount;

‘base year’ means the financial year commencing on 1 July 1984;

‘first relevant period’ means the period commencing on the prescribed commencement day and ending on 30 June 1986;”;

(b) by inserting after the definition of “home care service” in sub-section (1) the following definition:

“ ‘index number’, in relation to a participating State, means—

(d) by inserting after the definition of “participating State” in sub-section (1) the following definitions:

“‘prescribed commencement day’ means the day on which the Home and Community Care (Miscellaneous Amendments) Act 1985 receives the Royal Assent;

‘relevant period’ means—

(a) the first relevant period;

(b) the second relevant period; or

‘second relevant period’ means the financial year commencing on 1 July 1986;”;

(e) by omitting “organization” (wherever occurring) from the definition of “senior citizens’ centre” in sub-section (1) and substituting “organisation”; and

(f) by omitting sub-section (2) and substituting the following sub-sections:

“(2) The Minister shall not, on or after the prescribed commencement day, approve—

(a) a welfare service of any kind pursuant to paragraph (b) of the definition of ‘approved welfare service’ in sub-section (1); or

(b) an organisation pursuant to the definition of ‘senior citizens’ centre’ in sub-section (1).

“(3) Subject to sub-section (4), if at any time, whether before or after the prescribed commencement day, the Australian Statistician has provided or provides an index number for a participating State in respect of a March quarter or in respect of a month of March in substitution for an index number previously provided for that State in respect of that quarter or that month, the first-mentioned index number shall be disregarded for the purposes of section 6.

“(4) If at any time, whether before or after the prescribed commencement day, the Australian Statistician has changed or changes the reference base for an index number for a participating State then, for the purposes of the application of section 6 after the change took place or takes place, regard shall be had only to the index number for that State provided in terms of the new reference base.

“(5) In determining the proportion that one period bears to another period—

(a) a period consisting of a number of whole weeks and a part of a week shall be treated as if it were a period consisting of that number of whole weeks increased by one; and

(b) a period consisting of a part only of one week shall be treated as if it were a period of a week.”.

Approval of home care service schemes

24. Section 5 of the Principal Act is amended by adding at the end the following sub-section:

“(2) The Minister shall not approve a scheme of the kind referred to in sub-section (1) on or after the prescribed commencement day.”.

25. Section 6 of the Principal Act is repealed and the following sections are substituted:

Grant of financial assistance in connection with home care services

“6. (1) Subject to this Act, where a participating State has, after it has given the notice by virtue of which it is a participating State, expended, in a relevant period, an amount for or in connection with an approved home care service scheme, financial assistance is payable to that State in respect of the expenditure by that State of that amount.

“(2) Financial assistance is not payable to a participating State under this Act in respect of an amount expended by that State for or in connection with an approved home care service scheme—

(a) where that State expended that amount on or after the day on which an agreement substantially in accordance with the form contained in the Schedule to the Home and Community Care Act 1985 was, or is, entered into between the Commonwealth and that State; or

(b) if, in circumstances to which paragraph (a) does not apply, that amount is expended by the State on or after the prescribed commencement day and no other amount has been expended by that State for or in connection with that scheme before the prescribed commencement day.

“(3) The amount of financial assistance payable under this Act to a participating State in respect of an amount expended by that State in a relevant period for or in connection with an approved home care service scheme is—

(a) where the State expended an amount for or in connection with the scheme in that State during the base year—an amount equal to the lesser of—

(i) one-half of the amount expended by the participating State for or in connection with the approved home care service scheme in that relevant period; and

(ii) the amount that is—

(a) where the relevant period is the first relevant period— the product of the adjustment factor and the amount that bears the same proportion to the base amount for that State for or in connection with that scheme

as the first relevant period bears to a period of 52 weeks;

(b) where the relevant period is the second relevant period—the product of the adjustment factor and the amount that bears the same proportion to the amount calculated in accordance with sub-sub-paragraph (a) in respect of the expenditure by that State for or in connection with that scheme in the first relevant period as a period of 52 weeks bears to the first relevant period; or

(c) where the relevant period is neither the first nor the second relevant period—the product of the adjustment factor and the amount calculated in accordance with whichever of sub-sub-paragraph (b) or this sub-sub-paragraph (in a previous application of this sub-section) applies in respect of the expenditure by that State for or in connection with that scheme in the immediately preceding relevant period; and

(b) where that State first expended an amount for or in connection with that scheme in that State in the period commencing on 1 July 1985 and ending on the day before the prescribed commencement day (in this paragraph referred to as the ‘prescribed period’)—an amount equal to the lesser of—

(i) one-half of the amount expended by that State for or in connection with that scheme in the relevant period; and

(ii) the amount—

(a) where the relevant period is the first relevant period— that bears the same proportion to the amount of financial assistance paid or payable to that State in respect of expenditure by that State for or in connection with that scheme in the prescribed period, as the first relevant period bears to the prescribed period; or

(b) where the relevant period is the second or a subsequent relevant period—that bears the same proportion to the amount ascertained in accordance with sub-sub-paragraph (a) in respect of the expenditure by that State for or in connection with that scheme in the first relevant period as a period of 52 weeks bears to the first relevant period.

“(4) For the purposes of this section, the base amount, in respect of an amount expended by a participating State for or in connection with an approved home care service scheme in the base year is, subject to sub-section (5), an amount equal to the amount of financial assistance paid or payable to that State in respect of the base year under section 6 as that

section was in force immediately before the prescribed commencement day in respect of that expenditure by that State in the base year for or in connection with that scheme.

“(5) Where—

(a) the home care service provided under the approved scheme referred to in sub-section (4) was provided for a part only of the base year or the level at which the service was provided under the scheme increased significantly during the base year; and

(b) the Minister is satisfied that, for either or both of the reasons specified in paragraph (a), the total expenditure by that State for or in connection with that scheme in the base year does not fairly indicate the total amount that the State is likely to expend for or in connection with that scheme in a succeeding financial year,

the Minister may, having regard to the matters referred to in paragraphs (a) or (b), determine, in writing, a different amount to be the base amount in respect of the expenditure by that State for or in connection with that scheme.

“(6) Where the Minister makes a determination under sub-section (5), that determined amount shall, for the purposes of the operation of subparagraph (3) (a) (ii), be substituted for the base amount ascertained in accordance with sub-section (4).

“(7) For the purposes of sub-paragraph (3) (a) (ii), the adjustment factor in respect of a participating State and a relevant period, is a number calculated in accordance with the formula , where—

A and B are the hourly award rates of pay for adult wage earners index numbers for the community services industry for that State as provided by the Australian Statistician in relation to the series entitled ‘Award Rates of Pay Indexes, Australia’ in respect of the month of March in that relevant period and in respect of the preceding month of March, respectively; and

“(8) Where the adjustment factor in respect of a participating State and a relevant period, as ascertained in accordance with sub-section (7), would, but for the operation of this sub-section, be less than one, the factor shall be taken to be one.

Advances

“6a. (1) The Minister may, by writing, at such times as the Minister thinks fit, authorise the making to a participating State of an advance on account of an amount of financial assistance that is expected to become payable to that State under section 6 in respect of expenditure by that State in a relevant period for or in connection with an approved home care service scheme, and the terms and conditions that would be applicable to a payment of such an amount of financial assistance are applicable to any such advance.

“(2) If the total amount of advances paid to a participating State under sub-section (1) on account of an amount of financial assistance that is expected to become payable to that State under section 6 in respect of expenditure by that State in a relevant period for or in connection with an approved home care service scheme exceeds the total amount of financial assistance that is so payable, an amount equal to the amount of that excess—

(a) may be deducted by the Commonwealth from the amount of financial assistance that would, but for this provision, be payable to that State under section 6 in respect of the expenditure by that State for or in connection with that scheme in a succeeding relevant period; or

(b) is recoverable by the Commonwealth from that participating State as a debt due to the Commonwealth.”.

Money paid by State to person for expenditure in connection with the provision of home care services

26. Section 7 of the Principal Act is amended by omitting “organization” (wherever occurring) and “connexion” (wherever occurring) and substituting “organisation” and “connection”, respectively.

Approval of projects

27. Section 8 of the Principal Act is amended by adding at the end the following sub-section:

“(2) The Minister shall not approve a project of the kind referred to in paragraph (1) (a) or (b) on or after the prescribed commencement day.”.

Grant of financial assistance in respect of salaries

28. Section 10 of the Principal Act is amended—

(a) by omitting from sub-section (1) “connexion” and substituting “connection”; and

(b) by inserting after sub-section (2) the following sub-section:

“(3) The Minister shall not, on or after the prescribed commencement day, in a case where 2 or more persons are employed throughout the same period as welfare officers of the same senior citizens’ centre, approve the application of this section to the employment of more persons as welfare officers of that centre than the number of those persons for which the Minister had given

approval under sub-section (2) prior to the prescribed commencement day, being approvals that were in force immediately before the prescribed commencement day.”.

Condition of grant

29. Section 11 of the Principal Act is amended by omitting “organization” (wherever occurring) and substituting “organisation”.

Money paid by State to person for expenditure with respect to capital costs

30. Section 12 of the Principal Act is amended by omitting “organization” (wherever occurring) and substituting “organisation”.

Amounts not payable unless required information has been furnished

31. Section 13 of the Principal Act is amended by omitting “he” and substituting “the Minister”.

Delegation

32. Section 16 of the Principal Act is amended by omitting from sub-section (1) “a person” and “his” and substituting “an officer of the Department” and “the Minister’s”, respectively.

33. Section 17 of the Principal Act is repealed and the following section is substituted:

Appropriation

“17. Payments (including advances) under this Act shall be made out of money appropriated from time to time by the Parliament for the purpose.”.

Transitional

34. (1) Notwithstanding the amendments of the Principal Act made by this Act, the provisions of the Principal Act, other than section 17 of that Act, continue to apply, on and after the prescribed commencement day, in relation to amounts expended by a participating State before the prescribed commencement day for or in connection with an approved home care service scheme as if—

(a) those provisions had not been amended by this Act; and

(b) the period commencing on 1 July 1985 and ending on the day before the prescribed commencement day was a year in relation to which Part II applies.

(2) In sub-section (1)—

(a) “prescribed commencement day” has the same meaning as in the Principal Act as amended by this Act; and

(b) “participating State”, “approved home care service scheme” and “year in relation to which Part II applies” have the same respective meanings as in the Principal Act.

PART V—AMENDMENTS OF THE STATES GRANTS (PARAMEDICAL SERVICES) ACT 1969

Principal Act

35. The States Grants (Paramedical Services) Act 19694 is in this Part referred to as the Principal Act.

Interpretation

36. Section 3 of the Principal Act is amended—

(a) by inserting after the definition of “approved paramedical service scheme” the following definitions:

“‘base amount’, in relation to the expenditure by a participating State of an amount for or in connection with an approved paramedical service scheme, means the amount ascertained in accordance with sub-section 5 (4), or the amount determined by the Minister in accordance with sub-section 5 (5), to be the base amount;

‘base year’ means the financial year commencing on 1 July 1984;

‘first relevant period’ means the period commencing on the prescribed commencement day and ending on 30 June 1986;

‘index number’, in relation to a participating State, means—

(b) by omitting “connexion” from the definition of “paramedical service” and substituting “connection”;

(c) by omitting the definition of “year in relation to which this Act applies” and substituting the following definitions:

“‘prescribed commencement day’ means the day on which the Home and Community Care (Miscellaneous Amendments) Act 1985 receives the Royal Assent;

‘relevant period’ means—

(a) the first relevant period;

(b) the second relevant period; or

‘second relevant period’ means the financial year commencing on 1 July 1986.”; and

(d) by adding at the end the following sub-sections:

“(2) Subject to sub-section (3), if at any time, whether before or after the prescribed commencement day, the Australian Statistician has provided or provides an index number for a participating State in respect of a March quarter or in respect of a month of March in substitution for an index number previously provided for that State in respect of that quarter or that month, the first-mentioned index number shall be disregarded for the purposes of section 5.

“(3) If at any time, whether before or after the prescribed commencement day, the Australian Statistician has changed or changes the reference base for an index number for a participating State then, for the purposes of the application of section 5 after the change took place or takes place, regard shall be had only to the index number for that State provided in terms of the new reference base.

“(4) In determining the proportion that one period bears to another period—

(a) a period consisting of a number of whole weeks and a part of a week shall be treated as if it were a period consisting of that number of whole weeks increased by one; and

(b) a period consisting of a part only of one week shall be treated as if it were a period of a week.”.

Approval of paramedical services

37. Section 4 of the Principal Act is amended by adding at the end the following sub-section:

“(2) The Minister shall not approve a scheme of the kind referred to in sub-section (1) on or after the prescribed commencement day.”.

38. Section 5 of the Principal Act is repealed and the following sections are substituted:

Grant of financial assistance

“5. (1) Subject to this Act, where a participating State has, after it has given the notice by virtue of which it is a participating State, expended, in a relevant period, an amount for or in connection with an approved paramedical service scheme, financial assistance is payable to that State in respect of the expenditure by that State of that amount.

“(2) Financial assistance is not payable to a participating State under this Act in respect of an amount expended by that State for or in connection with an approved paramedical service scheme where that State expended that amount on or after the day on which an agreement substantialy in accordance with the form contained in the Schedule to the Home and Community Care Act 1985 was, or is, entered into between the Commonwealth and that State.

(a) one-half of the amount expended by that State for or in connection with the approved paramedical service scheme in that relevant period; and

(b) the amount that is—

(i) where the relevant period is the first relevant period—the product of the adjustment factor and the amount that bears the same proportion to the base amount in respect of that State as the first relevant period bears to a period of 52 weeks;

(ii) where the relevant period is the second relevant period—the product of the adjustment factor and the amount that bears the same proportion to the amount calculated in accordance with sub-paragraph (i) in respect of an amount expended by that State for or in connection with that scheme in the first relevant period as a period of 52 weeks bears to the first relevant period; or

(iii) where the relevant period is neither the first nor the second relevant period—the product of the adjustment factor and the amount calculated in accordance with whichever of subparagraph (ii) or this sub-paragraph (in a previous application of this sub-section) applies in respect of an amount expended by that State for or in connection with that scheme in the immediately preceding relevant period.

“(4) For the purposes of this section, the base amount, in respect of an amount expended by a participating State for or in connection with an approved paramedical service scheme in the base year is, subject to sub-section (6), an amount equal to the amount of financial assistance paid or payable to that State in respect of the base year under section 5 as that section was in force immediately before the prescribed commencement day in respect of that expenditure by that State in the base year for or in connection with that scheme.

“(5) Where—

(a) the paramedical service provided under the approved scheme referred to in sub-section (4) was provided for a part only of the base year or the level at which the service was provided under the scheme increased significantly during the base year; and

indicate the total amount that the State is likely to expend for or in connection with that scheme in a succeeding financial year,

the Minister may, having regard to the matters referred to in paragraph (a) or (b), determine, in writing, a different amount to be the base amount in respect of the expenditure by that State for or in connection with that scheme.

“(6) Where the Minister makes a determination under sub-section (5), that determined amount shall, for the purposes of the operation of paragraph (3) (b), be substituted for the base amount ascertained in accordance with sub-section (4).

“(7) For the purposes of paragraph (3) (b), the adjustment factor in respect of a participating State and a relevant period, is a number calculated in accordance with the formula , where—

A and B are the hourly award rates of pay for adult wage earners index numbers for the community services industry for that State as provided by the Australian Statistician in relation to the series entitled ‘Award Rates of Pay Indexes, Australia’ in respect of the month of March in that relevant period and in respect of the preceding month of March, respectively; and

Advances

“5a. (1) The Minister may, by writing, at such times as the Minister thinks fit, authorise the making to a participating State of an advance on account of an amount of financial assistance that is expected to become payable to the State under section 5 in respect of expenditure by that State in a relevant period for or in connection with an approved paramedical service scheme, and the terms and conditions that would be applicable to a payment of such an amount of financial assistance are applicable to any such advance.

expenditure by that State in a relevant period for or in connection with an approved paramedical service scheme exceeds the total amount of financial assistance that is so payable, an amount equal to the amount of that excess—

(a) may be deducted by the Commonwealth from the amount of financial assistance that would, but for this provision, be payable to that State under section 5 in respect of the expenditure by that State for or in connection with that scheme in a succeeding relevant period; or

(b) is recoverable by the Commonwealth from that participating State as a debt due to the Commonwealth.”.

Money paid by State to person in connection with a paramedical service scheme

39. Section 7 of the Principal Act is amended by omitting “organization” (wherever occurring) and “connexion” (wherever occurring) and substituting “organisation” and “connection”, respectively.

Claims for financial assistance

40. Section 8 of the Principal Act is amended by omitting “authorized” and substituting “authorised”.

41. Section 9 of the Principal Act is repealed and the following section is substituted:

Appropriation

“9. Payments (including advances) under this Act shall be made out of money appropriated from time to time by the Parliament for the purpose.”.

Transitional

42. (1) Notwithstanding the amendments of the Principal Act made by this Act, the provisions of the Principal Act, other than section 9 of that Act, continue to apply, on and after the prescribed commencement day, in relation to amounts expended by a participating State before the prescribed commencement day for or in connection with an approved paramedical service scheme as if—

(a) those provisions had not been amended by this Act; and

(b) the period commencing on 1 July 1985 and ending on the day before the prescribed commencement day was a year in relation to which this Act applies.

(2) In sub-section (1)—

(a) “prescribed commencement day” has the same meaning as in the Principal Act as amended by this Act; and

(b) “participating State”, “approved paramedical service scheme” and “year in relation to which this Act applies” have the same respective meanings as in the Principal Act.

PART VI—MISCELLANEOUS

Certain provisions to cease to have effect

43. Sub-sections 7 (1), (2), (3) and (4) of the Appropriation Act (No. 2) 1985-86 cease to have effect as soon as both that Act and this Act have received the Royal Assent.

NOTES

1. No. 5, 1970, as amended. For previous amendments, see No. 113, 1972; Nos. 129 and 216, 1973; No. 108, 1974; No. 91, 1976; No. 116, 1980; No. 98, 1982; Nos. 134 and 165, 1984; and Nos. 24 and 95, 1985.

2. No. 84, 1956, as amended. For previous amendments, see No. 216, 1973; No. 165, 1984; and Nos. 24 and 65, 1985.

3. No. 49, 1969, as amended. For previous amendments, see Nos. 127 and 216, 1973; No. 113, 1978; and No. 69, 1983.

4. No. 50, 1969.

[Minister’s second reading speech made in—

House of Representatives on 9 September 1985

Senate on 14 November 1985]

TABLE OF PROVISIONS

PART I—PRELIMINARY