Hospitals (Services Charges) Regulations 1984



    7. Classes of in-patients for purpose of payment of charges

    (1) Subject to subregulation (2), an in-patient shall for the purpose of the payment of the charges prescribed in Schedule 1 Division 1 and in any determination under regulation 5 in respect of him be classified as

    (a) a public in-patient, namely, an in-patient

    (i) who is an eligible person (not being a compensable in-patient, nursing home type patient or private nursing home type patient, or an in-patient who elects to be treated as a private in-patient);

    (ia) who elects to be treated as a public in-patient; and

    (ii) in respect of whom the hospital concerned provides in a hospital bed accommodation, maintenance, nursing care and appropriate professional services and such other necessary services as are available;

    (b) a private in-patient, namely, an in-patient

    (i) who is an eligible person (not being a compensable in-patient, nursing home type patient or private nursing home type patient);

    (ii) who elects to be treated as a private in-patient; and

    (iii) in respect of whom the hospital concerned provides in a hospital bed accommodation, maintenance, nursing care and such other necessary services as are available, other than professional and dental services provided by a practitioner acting in a private capacity;

    (c) a compensable in-patient, namely, an in-patient who has received or established his right to receive in respect of any injury, illness or disease for which he is receiving care and treatment payment by way of compensation or damages (including payment in settlement of a claim for compensation or damages) under the law that is or was in force in a State or Internal Territory or who on attendance at a hospital appears prima facie to have the right to receive any such payment in respect of an injury, illness or disease for which he is receiving care and treatment, including a person in respect of the payment for whose care and treatment

    (i) the Workers' Compensation and Rehabilitation Act 1981;

    (ii) the Motor Vehicle (Third Party Insurance) Act 1943;

    (iii) section 31A of the Act; or

    (iv) the law of Australia relating to the Defence Force within the meaning of the Defence Act 1903 of the Commonwealth,

    applies or appears prima facie to apply;

    (ca) an eligible war service veteran in-patient, namely, an in-patient who is a war service veteran who elects to be treated under the Repatriation Private Patient Scheme;

    (d) a nursing home type patient, namely, an in-patient (not being a compensable in-patient or an ineligible patient)

    (i) who is a nursing home type patient within the meaning of the Commonwealth Act; and

    (ii) in respect of whom the hospital concerned provides in a hospital bed accommodation and nursing care and appropriate professional services and such other necessary services as are available;

    (e) a private nursing home type patient, namely, an eligible person (not being a compensable in-patient)

    (i) who is a nursing home type patient within the meaning of the Commonwealth Act;

    (ii) who elects to be treated as a private nursing home type patient; and

    (iii) in respect of whom the hospital concerned provides in a hospital bed accommodation, nursing care and such other necessary services as are available, other than professional and dental services provided by a practitioner acting in a private capacity;

    or

    (f) an ineligible in-patient, namely, an in-patient

    (i) who is not an eligible person (other than a person or a member of a class of persons to whom or to which a declaration made under section 6(2) of the Commonwealth Act applies in the relevant circumstances);

    (ii) who is not a compensable in-patient; and

    (iii) in respect of whom the hospital concerned provides in a hospital bed accommodation, nursing care and such other necessary services as are available, other than professional and dental services provided by a practitioner acting in a private capacity.

    (2) At the time of admission to a hospital, or as soon as practicable after admission, an eligible person (not being a compensable in-patient or a war service veteran) must elect whether he wishes to be classified as

    (a) a public in-patient; or

    (b) a private in-patient.

    (3) At the time of admission to a hospital, or as soon as practicable after admission, a war service veteran must elect whether he wishes to be classified as

    (a) an eligible war service veteran in-patient;

    (b) a public in-patient; or

    (c) a private in-patient.

    [Regulation 7 amended in Gazette 30 Aug 1985 p. 3072-3; 26 Sep 1986 p. 3686; 9 Jul 1993 p. 3338; 24 Jun 1994 p. 2872-3; 29 Jun 2004 p. 2526.]



Note: This is not an authorised version. The only authorised version is the hardcopy (printed) version published under authority of the Government Printer, available from the State Law Publisher, 10 William St Perth W.A. 6000.