5Application of National Health Act

5 Application of National Health Act

(1) For the purposes of this Act: (a) section 40AB of the National Health Act 1953‑1974 has effect on and after 1 January 1975 as if references in that section to an approved nursing home were references to a nursing home approved under Part V of that Act or under this Act, as if the reference in subsection (4AA) of that section to a determination by the Minister for the purposes of paragraph 40AA(6)(aa) of that Act were a reference to a determination by the Minister for the purposes of paragraph 4(6)(aa) of this Act, as if the reference in subsection (4AA) of that section to paragraph 39A(3)(b) of that Act were a reference to paragraph 3A(3)(b) of this Act and as if the reference in subsection (4AA) of that section to a certificate in force under section 39A of that Act were a reference to a certificate in force under section 3A of this Act; (ab) section 40AB of the National Health Act 1953 has also effect after the commencement of this paragraph as if: (i) any reference in subsections (2) and (3) to a person’s needing or requiring nursing care by reason of infirmity or illness, disease, incapacity or disability were a reference to that person’s needing or requiring nursing care or personal care by reason of that person’s condition as a disabled person; and (ii) subsection (4) were omitted and the following subsection substituted: “(4) The Minister shall not approve an application under subsection (3) on behalf of a patient if the Minister is satisfied that: (a) having regard to the medical condition of the patient and to any other relevant circumstances, the needs of the patient would be adequately, and more suitably, provided for in a place other than an approved nursing home; and (b) accommodation in such a place is available to the patient”; and (b) an approval under section 40AB of the National Health Act 1953‑1974 for the admission of a person to an approved nursing home, being an approval that is in force on 1 January 1975 or is given on or after that date, has effect as if it were an approval for the admission of the person to whom the application relates to a nursing home approved under Part V of that Act or approved under this Act. (3) Where premises that are an approved nursing home under the National Health Act 1953‑1974 are subsequently approved as an approved nursing home under this Act, the approval of the premises under that first‑mentioned Act shall be deemed to be revoked on the date as from which the approval under this Act has effect.