The Aged in Australia : |
|
II. BIBLIOGRAPHY |
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LAW AND POLITICS |
This table lists major Commonwealth legislation since 1945 and the dates on which the corresponding Bill was debated in Parliament. Parliamentary debates provide background information on the legislation from the Minister and provide a summary of key provisions. Amending legislation has not been listed. Commonwealth Acts are shelved in annual volumes at N 345.94 AUS and Acts passed since 1973 have been published on the Internet at: http://www.austlii.edu.au/ and at: http://scaleplus.law.gov.au. Parliamentary debates (also known as Hansard) are located at Nq 328.94 AUS and are published on the Internet at: http://www.aph.gov.au.
| Year | Act Number | Title of Act | House of Representatives debate |
Senate debate |
| 1953 | 95 | National Health Act | 27/3/1953 | 1/12/1953 |
| 1954 | 81 | Aged Persons Homes Act. Title changed to: Aged or Disabled Persons Homes Act, by Act no. 115/1974 |
3/11/1954 | 11/11/1954 |
| 1956 | 84 | Home Nursing Subsidy Act | 10/10/1956 | 23/10/1956 |
| 1969 | 49 | States Grants (Home Care) Act | 27/5/1969 | 29/5/1969 |
| 1969 | 50 | States Grants (Paramedical Services) Act | 27/5/1969 | 29/5/1969 |
| 1969 | 51 | States Grants (Nursing Homes) Act | 27/5/1969 | 29/5/1969 |
| 1969 | 87 | States Grants (Dwellings for Aged Pensioners) Act | 9/9/1969 | 23/9/1969 |
| 1970 | 5 | Delivered Meals Subsidy Act | 4/3/1970 | 7/4/1970 |
| 1972 | 76 | Aged Persons Hostels Act | 14/9/1972 | 19/9/1972 |
| 1974 | 147 | Nursing Homes Assistance Act | 27/11/1974 | 4/12/1974 |
| 1985 | 184 | Home and Community Care Act | 9/10/1985 | 14/11/1985 |
| 1986 | 27 | Veterans' Entitlements Act | 16/10/1985 | 13/11/1985 |
| 1991 | 46 | Social Security Act. This replaces earlier legislation including the Social Services Act no. 26/1947 and the Invalid and Old-age Pensions Act no. 3/1909 |
6/12/1990 | 21/2/1991 |
| 1997 | 112 | Aged Care Act | 26/3/1997 | 16/6/1997 |
Major State legislation for the aged falls into the two main categories of community welfare, and nursing home and retirement village regulation. Most States also have general anti-discrimination legislation which includes the aged and concessions for pensioners these are usually scattered among a wide range of Acts dealing with provision of services such as electricity and public transport.
Listed below are the major pieces of legislation, with the dates on which the corresponding Bill was introduced and debated in the State Parliaments. National Library call numbers are provided for each set of State legislation and parliamentary debates. Current copies of legislation (consolidated with amendments) are published on the Internet at: http://www.austlii.edu.au/. Some parliamentary debates are published on the Internet and a list of parliamentaryInternet sites may be found at:http://www.aph.gov.au/library/parl/other/otherpar.htm.
| Year | Act Number | Title of Act | Lower House debate |
Upper House debate |
| Australian Capital Territory | ||||
| Acts call no.: N 345.947 AUS | Parliamentary debates call no.:
Nq 328.94702 AUS |
|||
| 1996 | 34 | Health and Community Care Services Act | 20/6/1996 | No Upper House |
| New South Wales | ||||
| Acts call no.: N 345.944 NEW | Parliamentary debates call no.:
Nq 328.944 NEW |
|||
| Legislative Assembly | Legislative Council | |||
| 1987 | 52 | Community Welfare Act | 8/4/1987 | 13/5/1987 |
| 1988 | 6 | Home Care Service Act | 1/6/1988 | 25/5/1988 |
| 1988 | 124 | Nursing Homes Act | 29/11/1988 | 13/12/1988 |
| 1989 | 74 | Retirement Villages Act | 30/11/1988 | 28/2/1989 |
| Northern Territory | ||||
| Acts call no.: N 345.9429 NOR | Parliamentary debates call no.:
Nq 328.9429 NOR |
|||
| 1979 | 118 | Aged and Infirm Persons' Property Act | 7/3/1979 | No Upper House |
| 1981 | 40 | Private Hospitals and Nursing Homes Act | 26/11/1980 | |
| 1982 | 75 | Medical Services Act | 1/9/1982 | |
| Queensland | ||||
| Acts call no.: N 345.943 QUE | Parliamentary debates call no.:
Nq 328.943 QUE |
|||
| 1937 | 31 | Health Act. Part 3, Division 5: Hostels and Nursing Homes. Inserted by Act no. 27/1962 | 28/11/1962 | No Upper House |
| 1988 | 79 | Retirement Villages Act | 26/4/1988 | |
| South Australia | ||||
| Acts call no.: N 345.942 SOU | Parliamentary debates call no.:
Nq 328.942 SOU |
|||
| House of Assembly | Legislative Council | |||
| 1940 | 36 | Aged and Infirm Persons' Property Act | 7/11/1940 | 14/11/1940 |
| 1963 | 21 | Aged Citizens Clubs (Subsidies) Act | 27/8/1963 | 29/10/1963 |
| 1972 | 51 | Community Welfare Act (now called Family And Community Services Act) | 1/3/1972 | 28/3/1972 |
| 1984 | 66 | Commissioner for the Ageing Act (Repealed by Act no. 92/1995) | 2/5/1984 | 29/8/1984 |
| 1987 | 46 | Retirement Villages Act | 14/4/1987 | 4/12/1986 |
| 1992 | 90 | Supported Residential Facilities Act | 11/8/1992 | 22/10/1992 |
| 1995 | 92 | Office for the Ageing Act | 26/10/1995 | 22/11/1995 |
| Tasmania | ||||
| Acts call no.: N 345.946 TAS | No parliamentary debates published for this period | |||
| 1918 | 70 | Hospitals Act ss. 5870 Nursing homes | ||
| 1966 | 63 | Elderly Citizens' Clubs and Youth Centres Act | ||
| 1971 | 16 | Pensioners (Heating Allowances) Act | ||
| Victoria | ||||
| Acts call no.: N 345.945 VIC | Parliamentary debates call no.:
Nq 328.945 VIC |
|||
| Legislative Assembly | Legislative Council | |||
| 1970 | 89 | Social Welfare Act (now called Community Services Act) | 28/10/1970 | 15/12/1970 |
| 1986 | 109 | State Concessions Act | 30/10/1986 | 5/12/1986 |
| 1986 | 126 | Retirement Villages Act | 7/10/1986 | 7/5/1986 |
| 1988 | 49 | Health Services Act | 24/3/1988 | 22/4/1988 |
| Western Australia | ||||
| Acts call no.: N 345.941 WES | Parliamentary debates call no.:
Nq 328.941 WES |
|||
| Legislative Assembly | Legislative Council | |||
| 1927 | 23 | Hospitals Act Part 3A: Private hospitals (now called Hospitals and Health Services Act) | 3/9/1985 | 24/9/1985 |
| 1932 | 39 | Western Australian Aged Sailors, Soldiers and Airmen's Relief Fund Act | 28/9/1932 | 21/11/1932 |
| 1992 | 34 | Retirement Villages Act | 16/5/1991 | 26/11/1991 |
270. Canberra report. 1992?. Curtin, ACT: Aged
Care Australia. 'The Canberra report is a fortnightly digest of federal
political events and Commonwealth departmental matters.'
Nq 305.26 CAN
271. Rights in practice series. Issues paper. no.
1. Melbourne: Residential Care Rights, 1992.
Nq 362.610994 RIG
272. Comparison of requirements for rest homes, nursing
homes and private hospitals . [Legislation from Australia, New Zealand and
Ontario compared.] South Australia?: South Australian Health Commission, 1980.
103 p.
Nq+
362.16026 C737
273. Brennan, Anne. The development in Australia up to 1975
of a national home care programme primarily for the aged [manuscript]: with
particular reference to the origins and implementation of the State Grants
(Home Care) Act 196973, the Delivered Meals Subsidy Act 197074, and
associated legislation . 1982. 387 leaves. Thesis (M Soc Wk), University of
New South Wales, 1982.
MS 6738
274. Aged or Disabled Persons Homes Act: manual of
instructions / Department of Social Security. Canberra: AGPS, 1984. 1v.
(looseleaf). Also entitled: Aged or disabled persons welfare subsidies manual.
ISBN 0644031441.
Nq 344.9403262 A938
275. Personal affairs management for retirees: a legal
guide. Sydney: Law Foundation of New South Wales and CCH Australia, c.1986.
182 p. ISBN 0869038370.
N+ 349.940240696
P467
276. Aging and political leadership / edited by Angus
McIntyre. Melbourne: Oxford University Press, 1988. 316 p. ISBN 0195547977.
Contents: Mentoring in political life: the case of Willy Brandt / B. Kellerman;
The Aging narcissistic leader: the case of Sir Oswald Mosley at mid-life / A.
McIntyre; Age, ambitions and political careers: the middle age crisis / P.L.
Hain; A Case of mistaken identity: Djugashvili Stalin / R.C. Tucker; Age
and leadership: cross-cultural observations / D. Gutmann; Manachem Begin: the
aging leader and his boys / D. Gutmann; Precipitate politics in the face of
death: the case of Henry Parkes / A. McIntyre; Mao Zedong and the dilemma of
revolutionary gerontocracy / L. Dittmer; Visions of rebirth: the spiritualist
facet of Peru's Haya de la Torre / F.B. Pike; The Daedalus experience: a
developmental vicissitude of the grandiose fantasy / M. Tolpin; The L shaped
mind of Ronald Reagan / N.N. Holland; Ronald Reagan's Dorian Gray complex / G.
Little.
NL
155.67088351 A267
277. Oxley, David Anthony. Grey power unite. St Agnes,
SA: Sangarto Publications, c.1988. 101 p. ISBN 0947269002.
NL 305.260994 O98
278. Ronalds, Chris. 'I'm still an individual': a blueprint
for the rights of residents in nursing homes and hostels: an issues paper .
Canberra: Department of Community Services and Health, 1989. 169 p.
NLq 362.610994 R796
279. Ronalds, Chris. Residents' rights in nursing homes and
hostels: final report. Canberra: Australian Government Publishing Service,
c.1989. 143 p. ISBN 0644099135.
NL 362.610994 R768
280. National Conference for Residential Aged Care Advocacy
Services (1st: 1991: Sydney, NSW). 'Ever vigilant': report of the First
National Conference for Residential Aged Care Advocacy Services, November 1991
. Surry Hills, NSW: Australian Pensioners' and Superannuants' Federation,
1992. 92, 58 pp. ISBN 0958915539. Contents: Overview of advocacy services;
Report on workshop 'Working, managing and administering advocacy services';
Report on workshop 'Strategies to assist the services advocate'; Legal rights
of residents: measures taken by the Commonwealth on behalf of residents / B.
Conway; The Legal rights of residents of Commonwealth subsidised nursing homes
and hostels / D. Gibson; Dementia, the voiceless majority / L. Lawson;
Networking / J. Harrison; Report on 'Best interests vs individual choice'
session; Future directions for advocacy services / M. Sexton, K. Heycox.
Nq 362.610994
N277
281. Older residents legal rights: supported accommodation
in NSW / edited by Sandra McCullough. Sydney: Federation Press with the
assistance of the Law Foundation of New South Wales, 1992. 546 p. ISBN
186287090X. Contents: Advocacy and dispute resolution / G. Hopkins, G. Wheeler;
Self-care units in retirement villages / S. McCullough, L. Godwin; Hostels and
serviced apartments / S. McCullough, D. Gibson; Nursing homes / S. McCullough,
N. Seddon; Boarding houses / R. Mowbray, S. McCullough; Pensions / G. Jones;
Contracts / G. Wiffen; Consumer protection law / N. Francey; The Law of torts
and supported accommodation / S. Sykiotis, S. McCullough; Duty of care in
supported accommodation / P. Vines; International wrongs / P.J.M. MacFarlane;
Ageing, dementia and incapacity / J. Stratton, S. McCullough, N. Seddon; Estate
management / J. Stratton; Guardianship / N. O'Neill.
N 346.944013 O44
282. Raising the standard: resident centred nursing home
regulation in Australia / John Braithwaite et al. Canberra: Australian
Government Publishing Service, 1993. 212 p. (Aged and community care service
development and evaluation reports (ISSN 1038-426X); no. 10.) ISBN 064429017X.
Nq 362.6
AGE
283. Aged care: nursing homes, hostels, community aged care
packages and the domiciliary nursing care benefit: review of legislation
administered by Department of Human Services and Health . Sydney: Law
Reform Commission, 1994. 108 p. (Discussion paper (Australia. Law Reform
Commission); no. 57.)
N 340.0994 AUS
284. Australia. Law Reform Commission. The coming of age:
new aged care legislation for the Commonwealth: review of legislation
administered by Department of Human Services and Health . Sydney:
Australian Law Reform Commission, c.1995. 291 p. (Report (Australia. Law Reform
Commission); no. 72.) (Parliamentary paper (Australia. Parliament) (ISSN
0727-4181); 1995, no. 60.) ISBN 0642225281.
Nq 328.94 (no. 60 of
1995)
285. Benier, Megan. People with dementia and the
guardianship and administration process in Western Australia: project report
. Perth, WA: Residential and Community Care Advocacy Service incorporated
as the Older Persons Rights Service, 1995. 115, 32 p. ISBN 0646268767.
Nq 346.9410138 B467
286. Creyke, Robin. Who can decide?: legal decision-making
for others. Canberra: Australian Government Publishing Service, c.1995. 336
p. (Aged and community care service development and evaluation reports (ISSN
1038-426X); no. 19.) ISBN 0664357134.
Nq 362.6 AGE
287. McCullough, Sandra, 1953. Older people and the
law: an investigation into the legal and consumer needs of older people in
Victoria: final report . Melbourne: The Consumer Law Centre of Victoria
Ltd, 1995. 118, 13 p.
NLq 346.945013 O44
288. Phillips, Robert, 1956. Older residents and the
law. Melbourne: Residential Care Rights, 1996. 369 p. ISBN 0958673004.
N 362.610994
P562
289. Accommodation contracts for the elderly: recent seminar
papers. Bondi Junction, NSW: LAAMS [Legal and Accounting Management
Seminars Pty Ltd], 1998. 1 v. (various pagings). ISBN 1864740647. Contents: The
Decision to get into and living in a retirement village / B. Browne; Retirement
villages / J. Corcoran; Accommodation contracts: a consumer perspective / P.
Scerri; Hostels and nursing homes / W. Fisher; Hostels and nursing homes / E.
Brophy; Resident contracts under the Aged Care Act 1997 / W.H. Low; Retirement
villages: residence contracts / R. Lyons;Retirement village contracts / D.
Carman, N. Kandelaars;Residential contracts under the Aged Care Act / P.
Myhill; Legal effect of resident contracts: implications of recent cases / A.
Koumoukelis; Home and Community Care (HACC) Program / A-M. Farrugia; Home and
Community Care Program and community aged care packages / B. Lillywhite, A.
Bamber; Home and Community Care Program and community aged care packages / C.
Millington, J. Bleby; New substitute decision-making powers in Queensland / B.
Herd.
Nq
346.940434 A172
290. Advocacy and older people: a learning package /
Gill Westhorp et al. South Australia: Disability Action Incorporated, 1997. 166
p. ISBN 0646331280.
Nq 362.60994 A244
291. Elder law: emerging issues: 1998 seminar papers.
Bondi Junction, NSW: LAAMS [Legal and Accounting Management Seminars Pty Ltd],
1998. 1 v. (various pagings). ISBN 1864740396. Contents: Residential issues:
overview and application of the new Commonwealth Aged Care Act and principles /
B. Herd; Residential issues / P. Love; Residential issues / M. Gledhill;
Residential issues and the new Aged Care Act / R. Phillips; Estate planning /
J. Choate; Estate planning / T. Johansson; Pensions / P. Donaghy;
Superannuation planning / S. Mackenzie; Tax and social security planning for
the over-55s / P. Melling; Veterans entitlements / S. Sanders; Veterans
entitlements / J. Lesser; Veterans entitlements / K. McKenzie
Nq 346.94013 E37
292. Retirees and the aged a developing market: a
paper presented for the Continuing Legal Education Department of the College of
Law on Friday, 13 February 1998 . St Leonards, NSW: The Department, 1998.
134 p. (Seminar papers (College of Law (Sydney, NSW)); 98/4). ISBN 0864521979.
NLq 346.94013
R438
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