The Aged in Australia :
A Research Guide and Select Bibliography of Australian Publications

II. BIBLIOGRAPHY

LAW AND POLITICS
(legislation, parliamentary debates, lobbying, grey power, human rights)

Commonwealth legislation

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

State legislation

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. 58–70 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

Periodicals

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

Other

1980–1989

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 1969–73, the Delivered Meals Subsidy Act 1970–74, 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

1990–1999

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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