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NURSING HOMES AND HOSTELS LEGISLATION AMENDMENT BILL 1986

The Senate, according to Order, resolved itself into Committee for the consideration of the Bill.

In the Committee

Clause 1 debated and agreed to.

Clause 2 read-

On the motion of the Minister for Community Services (Senator Grimes) the following amendment was agreed to, viz:

Page 2, sub-clause 2 (4), line 3, leave out ""Sub-section 7 (1), sections'', insert ""Sections 7,''.

Clause 2, as amended, agreed to.

Clause 3 agreed to.

Clause 4 read-

Senator Peter Baume, by leave, moved the following amendments together, viz:

Page 2, paragraph 4 (a), proposed new paragraph 9 (1) (b), line 25, after ""Secretary'', insert ""certifies, in writing, that the Secretary''.

Page 2, paragraph 4 (b), line 29, leave out ""sub-section'' (first occurring), insert ""sub-sections''.

Page 2, paragraph 4 (b), after proposed new sub-section 9 (3), add the following new sub-sections:

""(4) Each certificate under paragraph 9 (1) (b) and each determination under sub-section (3) shall be laid before each House of the Parliament within 5 sitting days of that House after the certificate or the determination, as the case may be, is signed by the Secretary.

""(5) If either House of the Parliament, within 20 sitting days of that House after a certificate or a determination has been laid before that House, passes a resolution disallowing the certificate or the determination, the certificate or the determination, as the case may be, shall be void and of no effect.

""(6) If neither House of the Parliament passes a resolution in accordance with sub-section (5) disallowing a certificate or a determination, the certificate or the determination, as the case may be, commences to have effect on the day immediately following the last day upon which such a resolution in respect of the certificate or the determination could have been passed by either House.''.

Debate ensued.

Amendments, by leave, withdrawn.

On the motion of Senator Grimes the following amendments were, by leave, taken together and agreed to, viz:

Page 2, paragraph 4 (a), proposed new paragraph 9 (1) (b), line 25, after ""Secretary'', insert ""certifies, in writing, that the Secretary''.

Page 2, paragraph 4 (b), lines 29 to 33, leave out the paragraph, insert the following paragraph:

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

"(3) The Minister may determine, in writing, that a class of persons specified in the determination is a class of financially disadvantaged persons for the purposes of this section.

"(4) Sections 48, 49, 49a and 50 of the Acts Interpretation Act 1901 apply to certificates made under sub-section (1) and determinations made under sub-section (3) as if in those provisions references to regulations were references to certificates or determinations, references to a regulation were references to a provision of a certificate or determination and references to repeal were references to revocation.

"(5) Certificates made under sub-section (1) and determinations made under sub-section (3) shall not be taken to be statutory rules within the meaning of the Statutory Rules Publication Act 1903, but sub-sections 5 (3) to (3c) (inclusive) of that Act apply in relation to such certificates and determinations as they apply to statutory rules.

"(6) For the purposes of the application of sub-section 5 (3b) of the Statutory Rules Publication Act 1903 in accordance with sub-section (5) of this section, the reference in the first-mentioned sub-section to the Minister of State for Sport, Recreation and Tourism shall be read as a reference to the Minister administering this Act.

"(7) Section 5 of the Evidence Act 1905 applies to certificates made under sub-section (1) and determinations made under sub-section (3) as that section applies to an order made by the Minister.

"(8) In this section, ""financially disadvantaged person'' means an eligible person included in a class of persons determined by the Minister, under sub-section (3), to be a class of financially disadvantaged persons.'.''.

Clause 4, as amended, agreed to.

Clauses 5 and 6, by leave, taken together and agreed to.

Clause 7 read-

On the motion of Senator Grimes the following amendment was agreed to, viz:

Page 3, sub-clause 7 (2), lines 35 to 39, leave out the sub-clause.

Clause 7, as amended, agreed to.

Clause 8 read-

Senator Peter Baume moved an amendment, viz:

Page 5, clause 8, proposed new sub-section 39aa (5), at end of sub-section, add the following words:

"", unless the Minister considers that it is necessary to do so in order to meet the need for nursing home beds in a region''.

Debate ensued.

Question-That the words proposed to be added be added-put and negatived.

Clause 8 agreed to.

Clauses 9 to 12, by leave, taken together and agreed to.

Clause 13 read-

Senator Peter Baume, by leave, moved the following amendments together, viz:

Page 9, paragraph 13 (a), proposed new sub-section 40ad (1ab), line 30, leave out ""or otherwise''.

Page 10, paragraph 13 (a), proposed new sub-section 40ad (1ad), line 2, leave out ""or otherwise''.

Debate ensued.

Amendments, by leave, withdrawn.

Clause 13 agreed to.

Clauses 14 to 24, by leave, taken together and agreed to.

Clause 25 read-

On the motion of Senator Grimes the following amendment was agreed to, viz:

Page 12, sub-clause 25 (1), lines 17 to 26, leave out the sub-clause, insert the following sub-clause:

""(1) Section 3 of the Principal Act is amended by inserting after the definition of "Secretary' in sub-section (1) the following definition:

" ""special needs group'' has the same meaning as in section 39 of the National Health Act 1953;'.''.

Clause 25, as amended, agreed to.

Remainder of Bill, by leave, taken as a whole, debated and agreed to.

Bill to be reported with amendments.

The Acting Deputy-President (Senator Giles) resumed the Chair; and the Chairman of Committees (Senator Hamer) reported accordingly.

On the motion of Senator Grimes the Report from the Committee was adopted, and the Bill read a third time.