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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Private Health Facilities Bill 2007
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Objects of Act 2
4 Definitions 2
Part 2 Licensing of private health facilities
Division 1 Licensing standards
5 Licensing standards 5
Division 2 Applications for and issue of licences
6 Application for licence 5
7 Approval in principle or refusal of application 6
8 Period for which approval in principle remains effective 7
9 Issue of licence approved in principle 8
Private Health Facilities Bill 2007
Contents
Page
Division 3 Provisions relating to licences
10 Classes of private health facilities 8
11 Form of licence 8
12 Conditions of licence 9
13 Duration of licence 9
14 Annual licence fees 9
15 Transfer of licence to another licensee 10
16 Alterations or extensions to licensed facilities 10
17 Amendment of licences 11
Division 4 General provisions relating to applications
18 Additional information 12
19 Notice of reasons for refusal of application 12
20 Advertising of applications 13
21 Amendment of applications 13
Division 5 Review of decisions of Director-General
22 Definition 13
23 Chairperson of Committees of Review 13
24 Application for review of Director-General's decision 14
25 Constitution of Committee of Review 14
26 Committee of Review to make recommendation to Minister 14
27 Determination of application for review by Minister 15
28 Applicant to provide information 15
Division 6 Suspension and cancellation of licences
29 Suspension of licence 16
30 Cancellation of licence without notice 16
31 Cancellation of licence with notice 16
32 Right to apply to Administrative Decisions Tribunal for
review 18
Part 3 Conduct of private health facilities
33 Unlicensed private health facility 19
34 Executor or administrator regarded as licensee 19
35 Purposes for which facilities may be used 19
36 Overcrowding 19
37 Nursing requirements for private health facilities 19
38 Register of patients 20
39 Medical advisory committee 21
40 Act and regulations to be readily available 22
Contents page 2
Private Health Facilities Bill 2007
Contents
Page
Part 4 Root cause analysis teams
41 Definitions 23
42 Appointment of root cause analysis teams to deal with
reportable incidents 23
43 Restrictions on root cause analysis teams 23
44 Responsibilities of root cause analysis team in relation
to reportable incident 24
45 Disclosure of information 24
46 Information not to be given in evidence 25
47 Findings of root cause analysis team not evidence of
certain matters 25
48 Personal liability of members of root cause analysis
team 25
49 Regulations relating to root cause analysis teams 26
Part 5 Enforcement
50 Authorised officers 27
51 Power to enter and inspect 27
52 Improvement notices 28
53 Obstruction of officers 29
Part 6 Private Health Facilities Advisory Committee
54 Constitution of Advisory Committee 30
55 Functions of Advisory Committee 30
56 Sub-committees of Advisory Committee 30
Part 7 Miscellaneous
57 Director-General may direct licensee to engage
external expert 32
58 Disclosure of pecuniary interests to patients 32
59 Onus of proof regarding reasonable excuse 33
60 Evidentiary certificates 33
61 Service of documents 34
62 Offences by corporations 34
63 Proceedings for offences 34
64 Delegation 35
65 Regulations 35
66 Savings, transitional and other provisions 35
67 Amendment of other Acts and instruments 35
68 Review of section 7 (4) (c) (i) 35
69 Repeal of Private Hospitals and Day Procedure
Centres Act 1988 No 123 36
Contents page 3
Private Health Facilities Bill 2007
Contents
Page
Schedule 1 Provisions relating to Chairperson of
Committees of Review 37
Schedule 2 Provisions relating to Committees of
Review 39
Schedule 3 Constitution and procedure of Private
Health Facilities Advisory Committee 41
Schedule 4 Savings, transitional and other provisions 47
Schedule 5 Amendment of other Acts and instruments 53
Contents page 4
I certify that this public bill, which originated in the Legislative Assembly, has
finally passed the Legislative Council and the Legislative Assembly of New
South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2007
New South Wales
Private Health Facilities Bill 2007
Act No , 2007
An Act to provide for the licensing and control of private health facilities, to repeal
the Private Hospitals and Day Procedure Centres Act 1988; and for other purposes.
I have examined this bill and find it to correspond in all respects with the bill as
finally passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Clause 1 Private Health Facilities Bill 2007
Part 1 Preliminary
The Legislature of New South Wales enacts:
Part 1 Preliminary
1 Name of Act
This Act is the Private Health Facilities Act 2007.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Objects of Act
The objects of this Act are:
(a) to maintain appropriate and consistent standards of health care
and professional practice in private health facilities, and
(b) to plan for and provide comprehensive, balanced and coordinated
health services throughout New South Wales.
4 Definitions
(1) In this Act:
Advisory Committee means the Private Health Facilities Advisory
Committee established under this Act.
application means:
(a) an application for a licence under section 6, or
(b) an application to transfer a licence under section 15, or
(c) an application for approval to alter or extend a private health
facility under section 16, or
(d) an application for amendment of a licence under section 17.
approval in principle means an approval in principle under section 7 of
an application for a licence.
authorised officer means an authorised officer appointed under section
50.
class of facility, in relation to a private health facility, means the class
or classes of facility in respect of which a licence for the facility is
issued.
clinical area means an area of a private health facility that is used for
the provision of health services to a patient and includes any area of a
facility that may be prescribed.
Department means the Department of Health.
Director-General means the Director-General of the Department.
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Private Health Facilities Bill 2007 Clause 4
Preliminary Part 1
director of nursing means the director of nursing of a private health
facility as referred to in section 37.
exercise a function includes perform a duty.
function includes a power, authority or duty.
licence means a licence issued under section 9 and in force under this
Act.
licensee means the holder, or any one or more of the holders, for the
time being of a licence.
licensing standards means the standards prescribed under section 5.
patient means a person treated at a private health facility.
practitioner means a medical practitioner, a dentist or other health
practitioner as may be prescribed by the regulations.
premises includes any land, building and part of any building.
private health facility means premises at which any person is admitted,
provided with medical, surgical or other prescribed treatment and then
discharged, or premises at which a person is provided with prescribed
services or treatments, but it does not include:
(a) an institution conducted by or on behalf of the State, or
(b) a hospital or health service under the control of a public health
organisation within the meaning of the Health Services Act 1997,
or
(c) a nursing home within the meaning of the Public Health Act
1991, or
(d) premises of a class prescribed by the regulations for the purposes
of this definition.
procedure room means a room in which medical or surgical procedures
are conducted, and includes an operating theatre, labour room or other
room prescribed by the regulations.
register of patients means the register that is required by section 38 to
be kept at a private health facility.
registered nurse means a nurse registered under the Nurses and
Midwives Act 1991.
ward means any room (other than a labour room or operating theatre) in
a private health facility in which patients are accommodated and
includes any recovery room in which a patient is monitored after an
operation whilst returning to his or her pre-operative state of
consciousness.
(2) A reference in this Act:
(a) to medical, surgical or other treatment includes a reference to a
diagnosis for the purposes of any such treatment, and
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Clause 4 Private Health Facilities Bill 2007
Part 1 Preliminary
(b) to the conduct of a private health facility (however expressed) is
a reference to the carrying on of the business of the facility, and
(c) to a person who conducts a private health facility (however
expressed) is a reference:
(i) to a corporation which conducts the facility, except where
that corporation is acting only in its capacity as an agent, or
(ii) to a natural person who conducts the facility (whether
jointly with other persons or alone), except where that
person is acting only in the person's capacity as an
employee or an agent.
(3) Notes included in this Act do not form part of this Act.
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Private Health Facilities Bill 2007 Clause 5
icensing of private health facilities Part 2
Part 2 Licensing of private health facilities
Division 1 Licensing standards
5 Licensing standards
The regulations may prescribe standards for or with respect to any
matter relating to the safety, care or quality of life of patients at private
health facilities, including without limitation the following matters:
(a) clinical standards, including accreditation of practitioners to
provide services at the facility, delineation of clinical privileges
of practitioners and quality assurance,
(b) staffing, including qualifications of staff members, number of
staff and duties,
(c) equipment,
(d) design and construction of clinical areas,
(e) operational matters, including administration and support
services.
Division 2 Applications for and issue of licences
6 Application for licence
(1) An application for a licence for a private health facility is to be made to
the Director-General by the person who intends to conduct the facility.
(2) An application must:
(a) be in a form approved by the Director-General, and
(b) specify the class of facility for which the licence is sought, and
(c) specify the maximum number of patients it is proposed to
accommodate at any one time in each ward of the facility, and
(d) specify the number (if any) of procedure rooms that are proposed
to be provided at the facility, and
(e) demonstrate that the facility can be conducted in accordance with
the licensing standards, and
(f) be accompanied by any fee and any particulars and documents
prescribed by the regulations in relation to an application under
this section in respect of that class of facility.
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Clause 7 Private Health Facilities Bill 2007
Part 2 Licensing of private health facilities
7 Approval in principle or refusal of application
(1) The Director-General must, after considering an application for a
licence under this Division:
(a) give an approval in principle to the application, or
(b) refuse the application.
(2) The Director-General may give an approval in principle
unconditionally or subject to conditions, including conditions relating
to:
(a) the design and construction of any clinical areas to be
constructed, altered or extended for the purposes of the proposed
facility, and
(b) the times by which any such design and construction must be
completed.
(3) In determining whether to give an approval in principle, the
Director-General is not to take into account whether any such approval
has been previously given or refused.
(4) The Director-General may refuse an application for a licence only if the
Director-General is satisfied that:
(a) the applicant, or any of the applicants, is not a fit and proper
person to be a licensee or if the applicant is a corporation, a
director or a person concerned in the management of the
corporation is not a fit and proper person to be a licensee, or
(b) the proposed facility is not capable of being conducted by the
applicant in accordance with the licensing standards, or
(c) having regard to any development guidelines approved by the
Director-General and published in the Gazette:
(i) approval of the application will result in more than an
adequate number of health services becoming available in
a particular clinical or geographic area and will undermine
the provision of viable, comprehensive and coordinated
health services, or
(ii) the application should be refused for any other reason, or
(d) the applicant (or, where the applicant is a corporation, any
director or other person concerned in the management of the
corporation) has been convicted of an offence under this Act or
the regulations, or
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Private Health Facilities Bill 2007 Clause 8
icensing of private health facilities Part 2
(e) the applicant (or, where the applicant is a corporation, any
director or other person concerned in the management of the
corporation) has been convicted in New South Wales of an
offence punishable by imprisonment for a period of 12 months or
more, or is convicted elsewhere than in New South Wales of an
offence which, if committed in New South Wales, would be an
offence so punishable, or
(f) the applicant (being a natural person) has been bankrupt, or has
applied to take the benefit of any law for the relief of bankrupt or
insolvent debtors, has compounded with his or her creditors or
has made an assignment of his or her remuneration for their
benefit, or
(g) where the applicant is a corporation--a receiver or manager has
been appointed in respect of the property of the applicant or the
applicant has been commenced to be wound up or is under
official management.
(5) The Director-General must, if he or she gives an approval in principle,
notify the applicant in writing of that approval and any conditions to
which the approval is subject.
8 Period for which approval in principle remains effective
(1) An approval in principle is effective for a period of one year from the
date on which the applicant is given notice of that approval under
section 7 (5), subject to any extension of that period by the
Director-General under this section.
(2) The Director-General may, at the request of the applicant and in
accordance with this section, extend the period for which an approval in
principle remains effective (an extension).
(3) An applicant may make more than one request for an extension, but any
such request must be made while the approval in principle is effective.
(4) A request for an extension is to be in the form approved by the
Director-General and is to be accompanied by any fee, document or
information that may be prescribed by the regulations in relation to the
relevant class of private health facility.
(5) The Director-General may grant an extension only if:
(a) the particular extension is for a period of no more than one year,
and
(b) the total period for which the approval in principle will be
effective is no more than 7 years, and
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Clause 9 Private Health Facilities Bill 2007
Part 2 Licensing of private health facilities
(c) the Director-General is satisfied that each applicant:
(i) has made a reasonable attempt to comply with any
conditions to which the approval in principle is subject,
and
(ii) is a fit and proper person to be a licensee or if the applicant
is a corporation, each director and each person concerned
in the management of the corporation is a fit and proper
person to be a licensee.
9 Issue of licence approved in principle
(1) The Director-General must grant an application and issue a licence to an
applicant if the Director-General has approved the application in
principle and all conditions to which the approval in principle was
subject have been complied with, unless:
(a) the approval in principle has expired, or
(b) the Director-General is satisfied that the proposed facility is not
capable of being conducted by the applicant in accordance with
the licensing standards, or
(c) the Director-General is satisfied that the applicant, or any of the
applicants, is not a fit and proper person to be a licensee or if the
applicant is a corporation, a director or a person concerned in the
management of the corporation is not a fit and proper person to
be a licensee.
(2) The Director-General is to notify the applicant in writing if the
Director-General grants an application and issues a licence.
Division 3 Provisions relating to licences
10 Classes of private health facilities
(1) For the purposes of this Act, the classes of private health facilities are
the classes (if any) prescribed by the regulations.
(2) A private health facility may fall into more than one class, and in such
a case, a provision requiring a fee to be paid under the Act in respect of
a class of facility, means the highest fee that would be payable if the
facility were to fall into only one of those classes.
11 Form of licence
Without limiting the particulars that may be included in a licence, a
licence is to specify:
(a) the person to whom it is issued, and
(b) the address of the private health facility for which it is issued, and
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Private Health Facilities Bill 2007 Clause 12
icensing of private health facilities Part 2
(c) the class of facility in respect of which it is issued, and
(d) the maximum number of patients who can be accommodated at
any one time in each ward of the facility, and
(e) any conditions to which the licence is subject (other than the
conditions referred to in section 12 (2)).
12 Conditions of licence
(1) The Director-General may issue a licence subject to such conditions as
may be specified in the licence.
Note. Conditions, other than those referred to in subsection (2), may be
amended by the Director-General under section 17 (3) (c).
(2) A licence is subject to the conditions that the licensee, in respect of the
facility concerned, must:
(a) hold or otherwise be covered by insurance, or other liability
cover, as may be prescribed by the regulations in relation to that
class of facility, and
(b) ensure that, at all times, a medical advisory committee is
appointed in accordance with this Act and the regulations in
respect of the facility, and
(c) comply with all other provisions of this Act and the regulations,
and
(d) ensure that the facility is conducted in accordance with the
licensing standards applicable to it, and
(e) ensure that reasonable standards of patient care and safety are
maintained at the facility, and
(f) provide to the Director-General in the time and manner specified
by the Director-General, such information as may be prescribed.
13 Duration of licence
A licence comes into force from the date on which the applicant is
notified by the Director-General under section 9 (2) or 15 (5) or when a
new licence is issued under section 17 (4) (b) and remains in force
(except when suspended) until cancelled under this Act.
14 Annual licence fees
(1) The licensee of a private health facility must, on or before 31 December
in each year, or such other date as may be notified to the licensee in
writing by the Director-General, pay to the Director-General the annual
licence fee (if any) prescribed by the regulations in relation to that class
of facility.
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Clause 15 Private Health Facilities Bill 2007
Part 2 Licensing of private health facilities
(2) The Director-General may accept a late payment of an annual licence
fee, but only if an additional late fee of 50% of the annual licence fee is
paid at the same time as the licence fee.
15 Transfer of licence to another licensee
(1) A person who intends to take over the conduct of a private health facility
may, with the consent of the licensee of the facility, apply to the
Director-General to transfer the relevant licence from the licensee to the
applicant.
(2) Except as provided by subsection (4), the Director-General must, if the
application is made in accordance with this section, transfer the licence
to the applicant:
(a) by an appropriate endorsement on the licence, or
(b) by cancelling the licence and issuing a new licence in respect of
the facility to the applicant.
(3) An application under this section must:
(a) be in a form approved by the Director-General, and
(b) be accompanied by any fee and any particulars and documents
prescribed by the regulations in relation to an application under
this section in respect of that class of facility.
(4) The Director-General may refuse an application under this section only
if the Director-General is satisfied:
(a) that the applicant, or any of the applicants, is not a fit and proper
person to be a licensee or if the applicant is a corporation, a
director or a person concerned in the management of the
corporation is not a fit and proper person to be a licensee, or
(b) that the proposed facility is not capable of being conducted by the
applicant in accordance with the licensing standards.
(5) The Director-General is to notify the applicant in writing if the
Director-General approves an application.
16 Alterations or extensions to licensed facilities
(1) The licensee of a private health facility must not cause or permit any
clinical areas of the facility to be altered or extended (whether by
construction of new buildings or otherwise) unless:
(a) the approval of the Director-General to the alteration or extension
is first obtained, and
(b) the facility is altered or extended in accordance with plans and
specifications approved by the Director-General.
Maximum penalty: 1,000 penalty units.
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Private Health Facilities Bill 2007 Clause 17
icensing of private health facilities Part 2
(2) An application for approval under this section must:
(a) be in a form approved by the Director-General, and
(b) be accompanied by any fee and any particulars and documents
prescribed by the regulations in relation to an application under
this section in respect of that class of facility.
(3) The Director-General may refuse an application under this section for
any reason the Director-General might refuse under Division 2 an
application for a licence for the facility as altered or extended.
(4) The approval of the Director-General is not required under this section
for any alteration or extension required to be carried out under an
improvement notice given under Part 5.
17 Amendment of licences
(1) An application to amend a licence for a private health facility is to be
made to the Director-General by the licensee of the facility.
(2) An application must:
(a) be in a form approved by the Director-General, and
(b) specify the facility to which the licence relates, and
(c) specify the amendment that is sought, and
(d) demonstrate that the facility can, if the amendment is granted, be
conducted in accordance with the licensing standards, and
(e) be accompanied by any fee and any particulars and documents
prescribed by the regulations in relation to an application under
this section in respect of that class of facility.
(3) The Director-General may on the application of the licensee, or if the
Director-General otherwise considers it necessary, amend a licence in
any one or more of the following ways:
(a) by amending the class of private health facility to which the
licence relates,
(b) by amending the number of patients who may be accommodated
at any one time in each ward of the private health facility,
(c) by amending or revoking any condition of the licence (other than
a condition referred to in section 12 (2)) or attaching further
conditions to the licence.
(4) A licence may be amended under this section:
(a) by endorsing the licence with the amendment, or
(b) by cancelling the licence and issuing a new licence incorporating
the amendment, or
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Clause 18 Private Health Facilities Bill 2007
Part 2 Licensing of private health facilities
(c) by notice in writing served on the licensee.
(5) If a notice is served under subsection (4) (c), the licence to which it
relates is immediately taken to be amended in accordance with the
notice.
(6) The Director-General may, by notice in writing served on a licensee,
require the licensee to forward his or her licence to the Director-General
for the purposes of this section.
(7) A licensee must comply with a notice served on the licensee under
subsection (4).
Maximum penalty: 50 penalty units.
(8) The Director-General may refuse an application under this section if the
Director-General is satisfied on any of the grounds set out in section 7
(4).
Division 4 General provisions relating to applications
18 Additional information
(1) The Director-General may, by notice in writing served on an applicant,
direct the applicant to provide to the Director-General any information
the Director-General may reasonably require for the purpose of
determining the application.
(2) Despite any other provision of this Act, the Director-General may
refuse an application on the ground that the applicant has failed to
comply with a direction under this section.
19 Notice of reasons for refusal of application
(1) If the Director-General refuses an application, he or she is to notify the
applicant in writing of the following:
(a) that the application has been refused,
(b) the grounds on which it has been refused,
(c) if the application has been refused on the ground that an applicant
(or if the applicant is a corporation, a director or a person
concerned in the management of the corporation) is not a fit and
proper person to be a licensee--the reasons why the person is not
a fit and proper person to be a licensee,
(d) that the applicant can apply under Division 5 for a review of the
decision to refuse the application.
(2) A person whose application has been refused for any reason is not
entitled to a refund of any fee paid in relation to that application.
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Private Health Facilities Bill 2007 Clause 20
icensing of private health facilities Part 2
20 Advertising of applications
(1) Before:
(a) approving in principle an application for a licence, or refusing
any such application, or
(b) determining an application to transfer a licence,
the Director-General is to publicly advertise the application in the
manner the Director-General thinks fit.
(2) The Director-General is to take into consideration any representations
made in relation to an application within the time specified in the
advertisement.
21 Amendment of applications
An applicant may, with the approval of the Director-General, amend his
or her application.
Division 5 Review of decisions of Director-General
22 Definition
In this Division, decision of the Director-General means:
(a) a decision of the Director-General to refuse an application, or
(b) a determination by the Director-General, when issuing a licence,
of the class of facility for which the licence is issued, or
(c) a determination by the Director-General, when issuing a licence,
of the maximum number of patients who may be accommodated
at any one time in each ward of the private health facility for
which the licence is issued, or
(d) a determination by the Director-General of the conditions subject
to which a licence is issued, or
(e) a decision of the Director-General to amend a licence (otherwise
than on the application of the licensee).
23 Chairperson of Committees of Review
(1) The Minister may appoint a person to be Chairperson of Committees of
Review.
(2) Schedule 1 has effect with respect to the Chairperson of Committees of
Review.
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Clause 24 Private Health Facilities Bill 2007
Part 2 Licensing of private health facilities
24 Application for review of Director-General's decision
(1) A person aggrieved by a decision of the Director-General in relation to
a private health facility may apply to the Minister to review the
decision.
(2) An application under this section must:
(a) be in a form approved by the Minister, and
(b) be accompanied by any fee and any particulars and documents
prescribed by the regulations in relation to an application under
this section in respect of that class of facility, and
(c) must be made within 30 days after the day on which the person is
notified of the decision.
(3) On receipt of an application for review, the Minister is to forward the
application to the Chairperson of Committees of Review, who is to
establish a Committee of Review to advise the Minister on the
application.
25 Constitution of Committee of Review
(1) A Committee of Review is to comprise the Chairperson of Committees
of Review and 3 other persons appointed by the Chairperson, being:
(a) a person with knowledge of the private health facility industry,
and
(b) a person with experience as a health care practitioner in a private
health facility, and
(c) a person who can represent the views of consumers of services
provided by private health facilities.
(2) The Chairperson may not appoint a person if the Chairperson knows, or
has reason to believe, that the person has a pecuniary interest in the
subject-matter of the application for review.
(3) Schedule 2 has effect with respect to Committees of Review.
26 Committee of Review to make recommendation to Minister
(1) A Committee of Review may investigate the subject-matter of an
application for review to the extent it considers necessary.
(2) A Committee of Review must, after its investigation, give a written
report to the Minister recommending that the decision of the
Director-General be confirmed, or that the decision be revoked and:
(a) in the case of a decision to refuse an application, recommend that
the application concerned be granted, or
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Private Health Facilities Bill 2007 Clause 27
icensing of private health facilities Part 2
(b) in any other case, recommend that the Director-General be
directed to take such other action under this Act as the Committee
considers appropriate.
(3) A Committee of Review is, in its report, to give reasons for its
recommendation.
(4) If the members of a Committee of Review are unable to agree on the
recommendation that the Committee should make to the Minister, the
Committee's report is to include the recommendation, and the reasons
for the recommendation, of each member.
27 Determination of application for review by Minister
(1) The Minister may, in relation to an application for review, after such
investigation as the Minister considers necessary and after having
regard to the report of the Committee of Review, either:
(a) confirm the decision of the Director-General, or
(b) revoke that decision and:
(i) in the case of a decision to refuse an application, direct the
Director-General to grant the application concerned, or
(ii) in any other case, direct the Director-General to take such
other action under this Act as the Minister considers
appropriate.
(2) The Director-General is to give effect to a direction of the Minister
under this section.
(3) The Minister is not required, before determining an application for
review under this section, to have regard to a report of the Committee
of Review to which the application has been referred if that Committee
has failed to submit a report to the Minister within such time as the
Minister may have communicated to the Chairperson of Committees of
Review.
28 Applicant to provide information
The Minister or a Committee of Review to which an application for
review is referred may (as a condition of dealing with the application)
require the applicant:
(a) to provide the Minister or the Committee (as the case may
require) with such additional information as the Minister or the
Committee may reasonably require to determine the application,
and
(b) to allow the Minister or members of the Committee (or a person
nominated by the Minister or the Committee) to enter and inspect
any premises to which the application for review relates.
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Clause 29 Private Health Facilities Bill 2007
Part 2 Licensing of private health facilities
Division 6 Suspension and cancellation of licences
29 Suspension of licence
(1) The Director-General may suspend a licence in respect of a private
health facility if:
(a) the licensee is in breach of a licensing standard and that breach is
likely to cause a serious and substantial risk to the health or safety
of patients at the facility, or
(b) the licensee does not have a medical advisory committee
appointed in accordance with this Act in respect of the facility.
(2) A licence is suspended:
(a) from the date notice of the suspension is given in writing by the
Director-General to the licensee, and
(b) until the date specified in the notice as the date when the period
of suspension ends, or if no such date is specified, until the
Director-General gives a further written notice to the licensee
ending the period of suspension.
(3) A licence ceases to be in force during any period that it is suspended.
(4) The Director-General may, as he or she thinks fit, notify any person of
a decision to suspend a licence under this section.
30 Cancellation of licence without notice
(1) The Director-General may cancel the licence for a private health facility
(including a licence that is suspended) without holding an inquiry or
giving any notice to the licensee:
(a) if the licensee requests the Director-General in writing to cancel
the licence, or
(b) if the premises to which the licence relates have ceased to be a
facility of a class in respect of which the licence was issued.
(2) The Director-General may, as he or she thinks fit, notify any person of
a decision to cancel a licence under this section.
31 Cancellation of licence with notice
(1) The Director-General may cancel the licence for a private health facility
(including a licence that is suspended):
(a) if the annual licence fee (and any late fee) payable under this Act
in respect of the facility has not been paid within 3 months after
the due date, or
Page 16
Private Health Facilities Bill 2007 Clause 31
icensing of private health facilities Part 2
(b) if the Director-General is satisfied that the licensee, or any of the
licensees, is not a fit and proper person to be a licensee or if the
licensee is a corporation, a director or a person concerned in the
management of the corporation is not a fit and proper person to
be a licensee, or
(c) if the licensee breaches any condition to which the licence is
subject, or
(d) if the licensee (or, where the licensee is a corporation, any
director or other person concerned in the management of the
corporation) is convicted of an offence under this Act or the
regulations, or
(e) if the licensee (or, where the licensee is a corporation, any
director or other person concerned in the management of the
corporation) is convicted in New South Wales of an offence
punishable by imprisonment for a period of 12 months or more,
or is convicted elsewhere than in New South Wales of an offence
which, if committed in New South Wales, would be an offence so
punishable, or
(f) if the licensee (being a natural person) becomes bankrupt, applies
to take the benefit of any law for the relief of bankrupt or
insolvent debtors, compounds with his or her creditors or makes
an assignment of his or her remuneration for their benefit, or
(g) where the licensee is a corporation, if a receiver or manager has
been appointed in respect of the property of the licensee or if the
licensee is commenced to be wound up or is under official
management, or
(h) if the facility is conducted in such a manner that the cancellation
of the licence is otherwise in the public interest.
(2) The Director-General may, for the purpose of exercising any of the
Director-General's powers under subsection (1), cause an inquiry to be
made by a person appointed by the Director-General for that purpose.
(3) The Director-General is not to cancel a licence under this section unless,
before cancelling the licence, the Director-General:
(a) has given notice to the licensee that the Director-General intends
to cancel the licence, and
(b) has specified in that notice the reasons for the Director-General's
intention to cancel the licence, and
(c) has given the licensee (whether in the course of an inquiry under
subsection (2) or otherwise) a reasonable opportunity to make
submissions to the Director-General in relation to the proposed
cancellation, and
Page 17
Clause 32 Private Health Facilities Bill 2007
Part 2 Licensing of private health facilities
(d) has taken into consideration any such submissions by the
licensee.
(4) The cancellation of a licence under this section does not take effect until
the expiration of 14 days after notice of the Director-General's decision
is served on the licensee, subject to any order made by the
Administrative Decisions Tribunal under Division 2 of Part 3 of
Chapter 5 of the Administrative Decisions Tribunal Act 1997.
(5) The Director-General may, as he or she thinks fit, notify any person of
a decision to cancel a licence under this section.
32 Right to apply to Administrative Decisions Tribunal for review
(1) The licensee of a private health facility may apply to the Administrative
Decisions Tribunal for a review of a decision of the Director-General to
suspend or cancel the licence for the facility (except where the
cancellation occurs in accordance with section 30).
(2) An application under subsection (1) must be made within 30 days after
the notice of the decision is served on the licensee.
Page 18
Private Health Facilities Bill 2007 Clause 33
Conduct of private health facilities Part 3
Part 3 Conduct of private health facilities
33 Unlicensed private health facility
A person must not conduct a private health facility unless:
(a) the private health facility is licensed, and
(b) the person is the licensee.
Maximum penalty: 5,000 penalty units.
34 Executor or administrator regarded as licensee
If the only licensee of a private health facility dies, the executor of the
will or administrator of the estate of the licensee is taken to be the
licensee for a period not exceeding 2 months or such longer period
following the death as the Director-General may, in any particular case,
approve.
35 Purposes for which facilities may be used
The licensee of a private health facility must not cause or permit the
licensed premises to be used for any purpose other than the following
purposes:
(a) a private health facility of the class specified in the licence,
(b) a pharmacist's shop or dispensary,
(c) a purpose permitted by the licence,
(d) a purpose permitted by the regulations.
Maximum penalty: 1,000 penalty units.
36 Overcrowding
(1) The licensee of a private health facility must not cause or permit the
number of patients accommodated at any one time in a ward of the
facility to exceed the number of patients specified in the licence in
relation to that ward of the facility.
Maximum penalty: 1,000 penalty units.
(2) The licensee is not guilty of an offence under this section in respect of
anything done in an emergency.
37 Nursing requirements for private health facilities
(1) The licensee of a private health facility must:
(a) ensure that a registered nurse is on duty at the facility at all times
during which there is a patient at the facility, and
(b) ensure that a registered nurse is appointed as a director of nursing
of the facility, and
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Clause 38 Private Health Facilities Bill 2007
Part 3 Conduct of private health facilities
(c) ensure that any vacancy in the position of director of nursing of
the facility is filled within 7 days (or such other period as may be
prescribed) after the vacancy occurs.
Maximum penalty: 1,000 penalty units.
(2) The regulations may prescribe the minimum necessary qualifications
for a registered nurse to be appointed as a director of nursing at a
facility.
(3) The licensee of a private health facility must, except as may be provided
by the regulations, notify the Director-General in accordance with this
section of the name and qualifications of the person appointed as
director of nursing of the facility.
Maximum penalty: 50 penalty units.
(4) A notification under subsection (3) must:
(a) be in writing, and
(b) be given before the person is appointed as director of nursing or,
if that is not practicable, immediately after that time, and
(c) be accompanied by any particulars that may be prescribed.
(5) Nothing in this Act prevents a licensee, if qualified, from carrying out
the duties of director of nursing.
(6) It is a defence to a prosecution for an offence arising under this section
if the defendant proves that the defendant took all reasonable steps to
avoid being guilty of the offence.
(7) In this section:
director of nursing of a private health facility means the registered
nurse responsible for the care of patients at the facility.
38 Register of patients
(1) The licensee of a private health facility must cause a register of patients
to be kept at the facility.
(2) The register of patients is to be kept in a form approved by the
Director-General subject to any requirements that may be prescribed by
the regulations.
(3) The following particulars must be entered in the register of patients:
(a) the name, age and residential address of each patient at the
facility,
(b) the date when the patient was received at the facility,
(c) the date when the patient left the facility or, in the event of the
patient's death, the date of death,
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Private Health Facilities Bill 2007 Clause 39
Conduct of private health facilities Part 3
(d) the name of the practitioner attending the patient,
(e) any other particulars that may be prescribed.
(4) The particulars must be entered in the register of patients by the persons,
at the time, and in the manner, prescribed for the purposes of this
subsection.
(5) A person must not:
(a) enter in the register of patients any particular that the person
knows or has reason to believe to be false or misleading in a
material particular, or
(b) wilfully fail to enter in the register of patients any particular that
the person is required to enter.
Maximum penalty: 1,000 penalty units.
39 Medical advisory committee
(1) The licensee of a private health facility must appoint, in accordance
with any requirements prescribed by the regulations, a medical advisory
committee for the facility consisting of at least 5 medical practitioners
(each of whom is registered under section 4 or 7 (1) E of the Medical
Practice Act 1992) and such other health practitioners as the licensee
considers appropriate.
Maximum penalty: 1,000 penalty units.
(2) The medical advisory committee is to be responsible for:
(a) advising the licensee on the accreditation of practitioners to
provide services at the facility and the delineation of their clinical
responsibilities, and
(b) advising the licensee on matters concerning clinical practice at
the facility, and
(c) advising the licensee on matters concerning patient care and
safety at the facility, and
(d) any other matter that may be prescribed by the regulations.
(3) The medical advisory committee may include nominees or
representatives of other health care providers, learned colleges or other
relevant professional organisations.
(4) It is a duty of a medical advisory committee of a private health facility
to report to the Director-General any repeated failure by the licensee of
the facility to act on the committee's advice on matters specified in
subsection (2) where that failure is likely to adversely impact on the
health or safety of patients.
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Clause 40 Private Health Facilities Bill 2007
Part 3 Conduct of private health facilities
(5) A licensee of a private health facility may be a member of the medical
advisory committee for the facility, but must not chair the committee
and must not, with other licensees of the facility, comprise a majority of
the committee.
(6) The licensee of a private health facility must, as soon as is reasonably
practicable, notify the Director-General in writing:
(a) of the name, contact details and qualifications of each person who
becomes a member of a medical advisory committee for the
facility, and
(b) of the date on which each such person ceases to be a member of
the committee.
(7) Despite any other provision of this section, the licensee of a private
health facility is responsible for the safety of patients at the facility and
for clinical governance of the facility.
40 Act and regulations to be readily available
The licensee of a private health facility must, at all times while the
facility is being conducted, ensure that the director of nursing of the
facility has ready access to a copy of this Act and the regulations.
Maximum penalty: 50 penalty units.
Page 22
Private Health Facilities Bill 2007 Clause 41
Root cause analysis teams Part 4
Part 4 Root cause analysis teams
41 Definitions
In this Part:
health service includes any administrative or other service related to a
health service.
reportable incident means an incident relating to the provision of health
services by a private health facility, being an incident of a type
prescribed by the regulations or set out in a document adopted by the
regulations.
team means a root cause analysis team appointed under section 42.
42 Appointment of root cause analysis teams to deal with reportable
incidents
(1) When a reportable incident involving a private health facility is reported
to the licensee of the facility, the licensee is to appoint a root cause
analysis team in relation to the reportable incident within 30 days after
that incident.
(2) The licensee is, subject to the regulations, to appoint such members to
the team as the licensee considers appropriate to undertake the functions
of the team in relation to the reportable incident.
(3) The licensee must cause a written record to be kept of the persons
appointed under this section as members of the team in relation to a
particular reportable incident.
Maximum penalty: 100 penalty units.
43 Restrictions on root cause analysis teams
(1) A root cause analysis team does not have authority to conduct an
investigation relating to the competence of an individual in providing
health services.
(2) A report furnished or information made available by a team must not
disclose:
(a) the name or address of an individual who is a provider or
recipient of health services unless the individual has consented in
writing to that disclosure, or
(b) as far as is practicable, any other material that identifies, or may
lead to the identification of, such an individual.
(3) A team is to have regard to the rules of natural justice in so far as they
are relevant to the functions of the team.
Page 23
Clause 44 Private Health Facilities Bill 2007
Part 4 Root cause analysis teams
44 Responsibilities of root cause analysis team in relation to reportable
incident
(1) A root cause analysis team is to notify in writing the licensee and the
chair of the medical advisory committee for the relevant facility if the
team is of the opinion that the reportable incident that it is considering
raises matters that may involve professional misconduct or
unsatisfactory professional conduct by a person who is accredited to
provide health services at the facility or a staff member of the facility or
may indicate that such a person is suffering from an impairment.
(2) A team may notify in writing the licensee and the chair of the medical
advisory committee for the relevant facility if the team is of the opinion
that the reportable incident that it is considering raises matters that may
involve unsatisfactory professional performance by a person who is
accredited to provide health services at the facility or a staff member of
the facility, but not to the extent that would constitute professional
misconduct or unsatisfactory professional conduct.
(3) On completion of its consideration of a reportable incident, a team must
prepare a report in writing (an incident report) that contains the
following:
(a) a description of the reportable incident,
(b) a causation statement, being a statement that indicates the reasons
why the team considers the reportable incident concerned
occurred,
(c) any recommendations by the team as to the need for changes or
improvements in relation to a procedure or practice arising out of
the incident.
(4) The team is to provide the licensee and the chair of the medical advisory
committee for the relevant facility with a copy of the incident report.
(5) The licensee must, within 30 days after being provided with an incident
report under subsection (4), forward a copy of the report to the
Director-General.
Maximum penalty (subsection (5)): 50 penalty units.
45 Disclosure of information
A person who is or was a member of a root cause analysis team must not
make a record of, or divulge or communicate to any person, any
information acquired by the person as such a member, except:
(a) for the purpose of exercising the functions of a member, or
(b) for the purposes of any recommendation of a team, or
(c) for the purposes of any report prepared by a team under section
44 (3), or
Page 24
Private Health Facilities Bill 2007 Clause 46
Root cause analysis teams Part 4
(d) in accordance with the regulations.
Maximum penalty: 50 penalty units.
46 Information not to be given in evidence
(1) A person who is or was a member of a root cause analysis team and the
licensee and chair of the medical advisory committee of the facility for
which the team was appointed are neither competent nor compellable:
(a) to produce before any court, tribunal, board or person any
document in his, her or its possession or under his, her or its
control that was created by, at the request of or solely for the
purpose of the team, or
(b) to divulge or communicate to any court, tribunal, board or person
any matter or thing that came to the notice of a member of the
team as such a member.
(2) Subsection (1) does not apply to a requirement made in proceedings in
respect of any act or omission by a team or by a member of a team as a
member.
47 Findings of root cause analysis team not evidence of certain matters
A notification or report of a root cause analysis team under section 44
is not admissible as evidence in any proceedings that a procedure or
practice is or was careless or inadequate.
48 Personal liability of members of root cause analysis team
(1) Anything done or omitted to be done by a root cause analysis team, a
member of a team or any person acting under the direction of a team, in
good faith for the purposes of the exercise of the team's functions, does
not subject such a member or person personally to any action, liability,
claim or demand.
(2) Without limiting subsection (1), a member of a team has qualified
privilege in proceedings for defamation in respect of:
(a) any statement made orally or in writing in the exercise of the
functions of a member, or
(b) the contents of any report or other information published by the
team.
(3) The members of a team are, and are entitled to be, indemnified by the
licensee of the facility for which the team is appointed in respect of any
costs incurred in defending proceedings in respect of a liability against
which they are protected by this section.
Page 25
Clause 49 Private Health Facilities Bill 2007
Part 4 Root cause analysis teams
49 Regulations relating to root cause analysis teams
The regulations may make provision for or with respect to the
following:
(a) the constitution and membership of teams,
(b) the functions of teams,
(c) the procedure of teams and the manner in which they are to
exercise their functions,
(d) permitting or requiring teams to make specified information
available to the public,
(e) permitting or requiring teams to furnish reports concerning their
activities to the Minister and to the Director-General.
Page 26
Private Health Facilities Bill 2007 Clause 50
Enforcement Part 5
Part 5 Enforcement
50 Authorised officers
(1) The Director-General may appoint a member of staff of the Department,
or a person of a class prescribed by the regulations, to be an authorised
officer for the purposes of this Act.
(2) An authorised officer may exercise such functions as are conferred on
an authorised officer by this Act or the regulations.
(3) The Director-General is to provide each authorised officer with an
identification card that:
(a) states that it is issued under this Act, and
(b) gives the name of the person to whom it is issued, and
(c) describes the nature of the powers conferred, and
(d) states the date (if any) on which it expires, and
(e) is signed by the Director-General.
(4) In the course of exercising the functions of an authorised officer under
this Act, the authorised officer must, if requested to do so by a person
affected by the exercise of any such function, produce the authorised
officer's identification card to the person.
51 Power to enter and inspect
(1) An authorised officer may, at any time, enter and inspect any premises
for the purposes of determining whether there has been a contravention
of this Act, the regulations or a licence condition.
(2) The powers of entry conferred by this section are not exercisable in
relation to any part of premises used only for residential purposes
except with the permission of the occupier of the premises.
(3) An authorised officer may do any one or more of the following:
(a) require the production of any document, record or other thing,
(b) inspect and copy all or part of any document, record or other
thing,
(c) take and retain possession of any prescribed document, record or
other thing for the period necessary to inspect and copy all or part
of it,
(d) take photographs or video recordings,
(e) make such investigations and inquiries as may be necessary to
ascertain whether an offence under this Act is being or has been
committed.
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Clause 52 Private Health Facilities Bill 2007
Part 5 Enforcement
(4) If an authorised officer has possession of any document, record or other
thing pursuant to subsection (3) (c), the authorised officer must at any
reasonable time:
(a) permit the inspection of it by a person who is entitled to inspect
it, and
(b) permit a person to make an entry in it if the person is required to
do so under this or any other Act or law.
(5) Subsection (3) (c) does not authorise an authorised officer to remove
any document, record or other thing if:
(a) it relates to a person who is then a patient of the facility, and
(b) it may be required to be referred to for the purposes of providing
the patient with nursing care or medical, surgical or other
treatment.
52 Improvement notices
(1) An authorised officer may give an improvement notice to a licensee of
a private health facility requiring the licensee to take the action
specified in the notice within the period (if any) specified in the notice
for the purpose of ensuring that the licensee complies with this Act, the
regulations or a licence condition.
(2) An authorised officer may amend or revoke an improvement notice in
the same manner that the authorised officer may give the notice.
(3) A licensee given an improvement notice is liable for any reasonable
costs incurred in complying with the notice.
(4) An improvement notice is to be given in writing either personally or by
post.
(5) The licensee of a private health facility may apply to the Administrative
Decisions Tribunal for a review of a decision of an authorised officer to
give, amend or revoke an improvement notice in respect of the facility.
(6) The lodging of an application for review does not, except to the extent
that the Administrative Decisions Tribunal otherwise directs, operate to
stay action on the decision that is the subject of the decision.
(7) A person who is given an improvement notice under this section must
not, without reasonable excuse, fail to comply with the notice.
Maximum penalty (subsection (7)): 200 penalty units.
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Private Health Facilities Bill 2007 Clause 53
Enforcement Part 5
53 Obstruction of officers
A person must not:
(a) wilfully delay or obstruct an authorised officer in the exercise of
the authorised officer's functions under this Act, or
(b) fail to comply with a requirement under this Part to produce a
document, record or other thing in the person's possession,
custody, or control.
Maximum penalty: 200 penalty units.
Note. Section 307B of the Crimes Act 1900 makes it an offence to provide false
or misleading information to an authorised officer.
Page 29
Clause 54 Private Health Facilities Bill 2007
Part 6 Private Health Facilities Advisory Committee
Part 6 Private Health Facilities Advisory Committee
54 Constitution of Advisory Committee
(1) There is established by this Act a Private Health Facilities Advisory
Committee.
(2) The Advisory Committee is to consist of not less than 9 members
appointed by the Director-General.
(3) The members are to include the following:
(a) a member of staff of the Department who is to be the Chairperson
of the Advisory Committee,
(b) one or more health professionals who practise in private health
facilities,
(c) one or more persons with expertise in the management of private
health facilities,
(d) one or more persons with expertise in health insurance,
(e) one or more persons representing consumers of services provided
by private health facilities.
(4) The Director-General is, as far as practicable, to seek the views of
relevant industry and professional organisations on the composition of
the Advisory Committee.
(5) Schedule 3 has effect with respect to the members and procedure of the
Advisory Committee.
55 Functions of Advisory Committee
The principal function of the Advisory Committee is to provide advice
to the Minister and the Director-General on the following matters:
(a) the effective operation of this Act,
(b) proposed regulations,
(c) any other matters in respect of private health facilities that may
be referred to the Advisory Committee by the Minister or the
Director-General.
56 Sub-committees of Advisory Committee
(1) The Advisory Committee may establish sub-committees to assist it in
connection with the exercise of any of its functions.
(2) It does not matter that any or all of the members of a sub-committee are
not members of the Advisory Committee.
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Private Health Facilities Bill 2007 Clause 56
Private Health Facilities Advisory Committee Part 6
(3) The procedures for the calling of meetings of a sub-committee and for
the conduct of business at those meetings are to be determined by the
Advisory Committee or (subject to any determination of the Advisory
Committee) by the sub-committee.
Page 31
Clause 57 Private Health Facilities Bill 2007
Part 7 Miscellaneous
Part 7 Miscellaneous
57 Director-General may direct licensee to engage external expert
(1) The Director-General may give a direction in writing to the licensee of
a private health facility requiring the licensee to engage an external
person or body to provide expert advice to the licensee on specified
matters that relate to the conduct of the facility.
(2) The Director-General may, in such a direction, specify that the licensee
must engage a person or body having specified expertise or knowledge.
(3) A direction may only be given under this section if the Director-General
has reason to believe that the licensee is not conducting the facility in
accordance with this Act, the regulations or a licence condition.
(4) A person who is given a direction under this section is liable for any
costs incurred in complying with the direction.
(5) A person who is given a direction under this section must not, without
reasonable excuse, fail to comply with the direction.
Maximum penalty: 200 penalty units.
58 Disclosure of pecuniary interests to patients
(1) If a practitioner has a pecuniary interest in a private health facility, the
practitioner must not:
(a) advise a person to be admitted to the facility, or
(b) arrange the admission of a person to the facility, or
(c) provide medical, surgical or other treatment to, or arrange the
provision of any such treatment to, any person at the facility,
unless, before so doing, the practitioner has notified the person, in the
prescribed manner, that the practitioner has a pecuniary interest in the
facility.
Maximum penalty: 200 penalty units.
(2) The regulations may prescribe, for the purposes of subsection (1), that
the manner of notification is to be any one or more of the following:
(a) a statement made by the practitioner,
(b) a written notification given by the practitioner and, if required by
the regulations, signed by the person to whom it is given,
(c) a notice displayed at the facility,
(d) a notice displayed in any office or other premises of the
practitioner.
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Private Health Facilities Bill 2007 Clause 59
Miscellaneous Part 7
(3) A practitioner is not guilty of an offence under subsection (1) if the
practitioner proves that he or she:
(a) contravened that subsection in the course of providing
emergency medical, surgical or other treatment to a person, or
(b) was not, at the time the contravention occurred, aware that he or
she had a pecuniary interest in the facility concerned.
(4) For the purposes of this section, a practitioner has a pecuniary interest
in a facility only if the practitioner has an interest in the facility which
is prescribed by the regulations as a pecuniary interest in the facility.
(5) The regulations may prescribe an interest of a relative or associate of a
practitioner as a pecuniary interest of the practitioner.
59 Onus of proof regarding reasonable excuse
In any proceedings for an offence against a provision of this Act or the
regulations, the onus of proving that a person had a reasonable excuse
(as referred to in the provision) lies with the defendant.
60 Evidentiary certificates
A certificate which purports to be signed by the Director-General and
which states that, on a date specified in the certificate:
(a) a person so specified was or was not the licensee of a private
health facility so specified, or
(b) any premises so specified were or were not licensed, or
(c) the licence for a private health facility so specified was cancelled
or suspended, or
(d) any particulars so specified were the particulars specified in the
licence for a private health facility so specified, or
(e) the licence for a private health facility so specified was subject to
any condition so specified, or
(f) an improvement notice was given under section 52 in respect of
a private health facility requiring the licensee of the facility to
take the action specified,
is, without proof of signature, admissible in evidence in any legal
proceedings (whether proceedings under this Act or otherwise) and is
evidence of the matters stated in the certificate.
Page 33
Clause 61 Private Health Facilities Bill 2007
Part 7 Miscellaneous
61 Service of documents
(1) A document that is authorised or required by this Act or the regulations
to be given to, or served on, any person may be given or served by:
(a) in the case of a natural person:
(i) delivering it to the person personally, or
(ii) sending it by post to the address specified by the person for
the giving or service of documents or, if no such address is
specified, the residential or business address of the person
last known to the person giving or serving the document,
or
(iii) sending it by facsimile transmission to the facsimile
number of the person, or
(b) in the case of a body corporate:
(i) leaving it with a person apparently of or above the age of
16 years at, or by sending it by post to, the head office, a
registered office or a principal office of the body corporate
or to an address specified by the body corporate for the
giving or service of documents, or
(ii) sending it by facsimile transmission to the facsimile
number of the body corporate.
(2) Nothing in this section affects the operation of any provision of a law or
of the rules of a court authorising a document to be given to, or served
on, a person in any other manner.
62 Offences by corporations
(1) If a corporation contravenes, whether by act or omission, any provision
of this Act or the regulations, each person who is a director of the
corporation or who is concerned in the management of the corporation
is taken to have contravened the same provision if the person knowingly
authorised or permitted the contravention.
(2) A person may be proceeded against and convicted under a provision
pursuant to subsection (1) whether or not the corporation has been
proceeded against or has been convicted under the provision.
(3) Nothing in this section affects any liability imposed on a corporation for
an offence committed by the corporation under this Act or the
regulations.
63 Proceedings for offences
(1) Proceedings for an offence under this Act or the regulations may be
dealt with summarily before a Local Court.
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Private Health Facilities Bill 2007 Clause 64
Miscellaneous Part 7
(2) Proceedings for an offence are to be commenced not later than 2 years
from when the offence was alleged to have been committed.
64 Delegation
The Director-General may delegate the exercise of any function of the
Director-General under this Act (other than this power of delegation) to:
(a) any member of staff of the Department, or
(b) any person, or any class of persons, authorised for the purposes
of this section by the regulations.
65 Regulations
(1) The Governor may make regulations, not inconsistent with this Act, for
or with respect to any matter that by this Act is required or permitted to
be prescribed or that is necessary or convenient to be prescribed for
carrying out or giving effect to this Act.
(2) In particular, the regulations may make provision for or with respect to
the following:
(a) the display of licences at facilities,
(b) the keeping of records by licensees and inspections of those
records,
(c) the functions and procedures of medical advisory committees,
(d) the provision of information to the Director-General by
applicants and licensees (including the provision of a copy of the
register of patients).
(3) A regulation (including a regulation prescribing a licensing standard)
may create an offence punishable by a penalty not exceeding 200
penalty units.
66 Savings, transitional and other provisions
Schedule 4 has effect.
67 Amendment of other Acts and instruments
Each Act and instrument set out in Schedule 5 is amended as set out in
that Schedule.
68 Review of section 7 (4) (c) (i)
(1) The Minister is to review section 7 (4) (c) (i) of this Act to determine
whether the policy objectives of that provision remain valid and
whether the terms of that provision remain appropriate for securing
those objectives.
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Clause 69 Private Health Facilities Bill 2007
Part 7 Miscellaneous
(2) The review is to be undertaken as soon as possible after the period of 5
years from the date of assent to this Act.
(3) A report on the outcome of the review is to be tabled in each House of
Parliament within 12 months after the end of the period of 5 years.
69 Repeal of Private Hospitals and Day Procedure Centres Act 1988 No 123
The Private Hospitals and Day Procedure Centres Act 1988 is repealed.
Page 36
Private Health Facilities Bill 2007
Provisions relating to Chairperson of Committees of Review Schedule 1
Schedule 1 Provisions relating to Chairperson of
Committees of Review
(Section 23 (2))
1 Deputy Chairperson
(1) The Minister may, from time to time, appoint a person to be the deputy
of the Chairperson, and may revoke any such appointment.
(2) In the absence of a Chairperson, the Chairperson's deputy may, if
available, act in the place of the Chairperson.
(3) While acting in the place of the Chairperson, a person has all the
functions of the Chairperson and is taken to be the Chairperson.
(4) For the purposes of this clause, a vacancy in the office of the
Chairperson is taken to be an absence of the Chairperson.
2 Term of office
Subject to this Schedule and the regulations, the Chairperson holds
office for such period (not exceeding 3 years) as is specified in the
Chairperson's instrument of appointment, but is eligible (if otherwise
qualified) for re-appointment.
3 Remuneration
The Chairperson is entitled to be paid such remuneration (including
travelling and subsistence allowances) as the Minister may from time to
time determine in respect of the Chairperson.
4 Vacancy in office
(1) The office of the Chairperson becomes vacant if the Chairperson:
(a) dies, or
(b) completes a term of office and is not re-appointed, or
(c) resigns the office by instrument in writing addressed to the
Minister, or
(d) is removed from office by the Minister under this clause, or
(e) becomes bankrupt, applies to take the benefit of any law for the
relief of bankrupt or insolvent debtors, compounds with his or her
creditors or makes an assignment of his or her remuneration for
their benefit, or
(f) becomes a mentally incapacitated person, or
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Private Health Facilities Bill 2007
Schedule 1 Provisions relating to Chairperson of Committees of Review
(g) is convicted in New South Wales of an offence that is punishable
by imprisonment for 12 months or more or is convicted
elsewhere than in New South Wales of an offence that, if
committed in New South Wales, would be an offence so
punishable.
(2) The Minister may remove the Chairperson from office at any time for
any or no reason and without notice.
(3) A person is not entitled to any compensation by reason of ceasing to
hold office as Chairperson.
(4) A person:
(a) who ceases to hold office as Chairperson because he or she
resigns or completes a term of office and is not re-appointed, and
(b) who was part of a Committee of Review that had partially
investigated an application for review immediately before the
person ceased to hold office,
may, unless the Minister directs otherwise, continue to investigate that
application and report to the Minister as if the person had not ceased to
hold office as Chairperson.
(5) A person referred to in subclause (4) is entitled to be paid such
remuneration (including travelling and subsistence allowances) as the
Minister may from time to time determine in respect of the person.
5 Filling of vacancy in office of Chairperson
If the office of the Chairperson becomes vacant, a person is, subject to
this Act and the regulations, to be appointed to fill the vacancy.
6 Effect of certain other Acts
(1) Chapter 2 of the Public Sector Employment and Management Act 2002
does not apply to or in respect of the appointment of the Chairperson
and a person is not, as Chairperson, subject to that Act (except
Chapter 5).
(2) If by or under any Act provision is made:
(a) requiring a person who is the holder of a specified office to
devote the whole of his or her time to the duties of that office, or
(b) prohibiting the person from engaging in employment outside the
duties of that office,
the provision does not operate to disqualify the person from holding that
office and also the office of Chairperson or from accepting and retaining
any remuneration payable to the person under this Act as Chairperson.
Page 38
Private Health Facilities Bill 2007
Provisions relating to Committees of Review Schedule 2
Schedule 2 Provisions relating to Committees of
Review
(Section 25 (3))
1 Disclosure of pecuniary interests
(1) If the Chairperson or any other member of a Committee of Review has
a direct or indirect pecuniary interest in the subject-matter of an
application for review, the Chairperson or other member must, as soon
as possible after the relevant facts have come to his or her knowledge,
disclose the nature of the interest to the Minister.
(2) After the Chairperson has disclosed the nature of an interest in the
subject-matter of an application for review:
(a) the Chairperson must not, unless the Minister otherwise
determines, act as Chairperson of the Committee of Review to
which that application is referred, and
(b) the deputy of the Chairperson is to act as Chairperson of that
Committee.
(3) The deputy of the Chairperson, while acting as Chairperson under
subclause (2), has all the functions of the Chairperson and is taken to be
the Chairperson.
(4) After a member of a Committee of Review (other than the Chairperson)
has disclosed the nature of an interest in the subject-matter of an
application for review:
(a) the member must not, unless the Minister otherwise determines,
act as a member of the Committee of Review, and
(b) the Chairperson is to appoint another person to be a member of
that Committee.
(5) A contravention of this clause does not invalidate any recommendation
of the Committee of Review or any recommendation of the Chairperson
or the member (as the case may require).
2 Personal liability
A matter or thing done or omitted to be done by a Committee of Review,
the Chairperson or any member, or any person acting under the
direction, of a Committee of Review does not, if the matter or thing was
done or omitted to be done in good faith for the purpose of executing
this or any other Act, subject the Chairperson, a member or a person so
acting personally to any action, liability, claim or demand.
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Private Health Facilities Bill 2007
Schedule 2 Provisions relating to Committees of Review
3 General procedure
The procedure for the calling of meetings of a Committee of Review
and for the conduct of business at those meetings is, subject to this Act,
to be as determined by the Chairperson of the Committee.
4 Presiding member
The Chairperson is to preside at a meeting of the Committee.
Page 40
Private Health Facilities Bill 2007
Constitution and procedure of Private Health Facilities Advisory Committee Schedule 3
Schedule 3 Constitution and procedure of Private
Health Facilities Advisory Committee
(Section 54 (5))
Part 1 General
1 Definitions
In this Schedule:
Chairperson means the Chairperson of the Committee.
Committee means the Private Health Facilities Advisory Committee.
Deputy Chairperson means the Deputy Chairperson of the Committee.
member means a member of the Committee.
Part 2 Constitution
2 Terms of office of members
Subject to this Schedule and the regulations, a member holds office for
such period (not exceeding 3 years) as is specified in the member's
instrument of appointment, but is eligible (if otherwise qualified) for
re-appointment.
3 Part-time appointments
A member holds office as a part-time member.
4 Remuneration
A member is entitled to be paid such remuneration (including travelling
and subsistence allowances) as the Director-General may from time to
time determine in respect of the member.
5 Deputies
(1) The Director-General may, from time to time, appoint a person to be the
deputy of the member, and may revoke any such appointment.
(2) In the absence of a member, the member's deputy may, if available, act
in the place of the member.
(3) While acting in the place of a member, a person has all the functions of
the member and is taken to be a member.
(4) For the purposes of this clause, a vacancy in the office of a member is
taken to be an absence of the member.
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Private Health Facilities Bill 2007
Schedule 3 Constitution and procedure of Private Health Facilities Advisory Committee
(5) This clause does not operate to confer on the deputy of a member who
is the Chairperson or Deputy Chairperson the member's functions as
Chairperson or Deputy Chairperson.
6 Vacancy in office of member
(1) The office of a member becomes vacant if the member:
(a) dies, or
(b) completes a term of office and is not re-appointed, or
(c) resigns the office by instrument in writing addressed to the
Director-General, or
(d) is removed from office by the Director-General under this clause,
or
(e) is absent from 3 consecutive meetings of the Committee of which
reasonable notice has been given to the member personally or by
post, except on leave granted by the Director-General or unless
the member is excused by the Director-General for having been
absent from those meetings, or
(f) becomes bankrupt, applies to take the benefit of any law for the
relief of bankrupt or insolvent debtors, compounds with his or her
creditors or makes an assignment of his or her remuneration for
their benefit, or
(g) becomes a mentally incapacitated person, or
(h) is convicted in New South Wales of an offence that is punishable
by imprisonment for 12 months or more or is convicted
elsewhere than in New South Wales of an offence that, if
committed in New South Wales, would be an offence so
punishable.
(2) The Director-General may remove a member from office at any time for
any or no reason and without notice.
(3) A person is not entitled to any compensation by reason of ceasing to
hold office as a member.
7 Filling of vacancy in office of member
If the office of any member becomes vacant, a person is, subject to this
Act and the regulations, to be appointed to fill the vacancy.
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Private Health Facilities Bill 2007
Constitution and procedure of Private Health Facilities Advisory Committee Schedule 3
8 Chairperson and Deputy Chairperson
(1) The Chairperson or Deputy Chairperson vacates office as Chairperson
or Deputy Chairperson if he or she:
(a) is removed from that office by the Director-General under this
clause, or
(b) resigns that office by instrument in writing addressed to the
Director-General, or
(c) ceases to be a member of the Committee.
(2) The Director-General may remove the Chairperson or Deputy
Chairperson from office as Chairperson or Deputy Chairperson at any
time for any or no reason and without notice.
(3) A person is not entitled to any compensation by reason of ceasing to
hold office as Chairperson or Deputy Chairperson.
9 Disclosure of pecuniary interests
(1) If:
(a) a member has a direct or indirect pecuniary interest in a matter
being considered or about to be considered at a meeting of the
Committee, and
(b) the interest appears to raise a conflict with the proper
performance of the member's duties in relation to the
consideration of the matter,
the member must, as soon as possible after the relevant facts have come
to the member's knowledge, disclose the nature of the interest at a
meeting of the Committee.
(2) A disclosure by a member at a meeting of the Committee that the
member:
(a) is a member, or is in the employment, of a specified company or
other body, or
(b) is a partner, or is in the employment, of a specified person, or
(c) has some other specified interest relating to a specified company
or other body or to a specified person,
is a sufficient disclosure of the nature of the interest in any matter
relating to that company or other body or to that person which may arise
after the date of the disclosure and which is required to be disclosed
under subclause (1).
(3) Particulars of any disclosure made under this clause must be recorded
by the Committee in a book kept for the purpose and that book must be
open at all reasonable hours for inspection by any person.
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Private Health Facilities Bill 2007
Schedule 3 Constitution and procedure of Private Health Facilities Advisory Committee
(4) After a member has disclosed the nature of an interest in any matter, the
member must not, unless the Director-General or the Committee
otherwise determines:
(a) be present during any deliberation of the Committee with respect
to the matter, or
(b) take part in any decision of the Committee with respect to the
matter.
(5) For the purposes of the making of a determination by the Committee
under subclause (4), a member who has a direct or indirect pecuniary
interest in a matter to which the disclosure relates must not:
(a) be present during any deliberation of the Committee for the
purpose of making the determination, or
(b) take part in the making by the Committee of the determination.
(6) A contravention of this clause does not invalidate any decision of the
Committee.
(7) This clause applies to a member of a sub-committee and a
sub-committee in the same way as it applies to a member of the
Committee and the Committee.
10 Effect of certain other Acts
(1) Chapter 2 of the Public Sector Employment and Management Act 2002
does not apply to or in respect of the appointment of a member.
(2) If by or under any Act provision is made:
(a) requiring a person who is the holder of a specified office to
devote the whole of his or her time to the duties of that office, or
(b) prohibiting the person from engaging in employment outside the
duties of that office,
the provision does not operate to disqualify the person from holding that
office and also the office of a member or from accepting and retaining
any remuneration payable to the person under this Act as a member.
11 Personal liability
A matter or thing done or omitted to be done by the Committee, a
member of the Committee or a person acting under the direction of the
Committee does not, if the matter or thing was done or omitted to be
done in good faith for the purpose of executing this or any other Act,
subject a member or a person so acting personally to any action,
liability, claim or demand.
Page 44
Private Health Facilities Bill 2007
Constitution and procedure of Private Health Facilities Advisory Committee Schedule 3
Part 3 Procedure
12 General procedure
The procedure for the calling of meetings of the Committee and for the
conduct of business at those meetings is, subject to this Act and the
regulations, to be as determined by the Committee.
13 Quorum
The quorum for a meeting of the Committee is a majority of its members
for the time being.
14 Presiding member
(1) The Chairperson (or, in the absence of the Chairperson, the Deputy
Chairperson, or in the absence of both the Chairperson and the Deputy
Chairperson, a person elected by the members of the Committee who
are present at a meeting of the Committee) is to preside at a meeting of
the Committee.
(2) The presiding member has a deliberative vote and, in the event of an
equality of votes, has a second or casting vote.
15 Voting
A decision supported by a majority of the votes cast at a meeting of the
Committee at which a quorum is present is the decision of the
Committee.
16 Transaction of business outside meetings or by telephone
(1) The Committee may, if it thinks fit, transact any of its business by the
circulation of papers among all the members of the Committee for the
time being, and a resolution in writing approved in writing by a majority
of those members is taken to be a decision of the Committee.
(2) The Committee may, if it thinks fit, transact any of its business at a
meeting at which members (or some members) participate by telephone,
closed-circuit television or other means, but only if any member who
speaks on a matter before the meeting can be heard by the other
members.
(3) For the purposes of:
(a) the approval of a resolution under subclause (1), or
(b) a meeting held in accordance with subclause (2),
the Chairperson and each member have the same voting rights as they
have at an ordinary meeting of the Committee.
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Private Health Facilities Bill 2007
Schedule 3 Constitution and procedure of Private Health Facilities Advisory Committee
(4) A resolution approved under subclause (1) is, subject to the regulations,
to be recorded in the minutes of the meetings of the Committee.
(5) Papers may be circulated among the members for the purposes of
subclause (1) by facsimile or other transmission of the information in
the papers concerned.
17 First meeting
The Director-General may call the first meeting of the Committee in
such manner as the Director-General thinks fit.
Page 46
Private Health Facilities Bill 2007
Savings, transitional and other provisions Schedule 4
Schedule 4 Savings, transitional and other
provisions
(Section 66)
Part 1 General
1 Regulations
(1) The regulations may contain provisions of a savings or transitional
nature consequent on the enactment of the following Acts:
this Act
(2) Any such provision may, if the regulations so provide, take effect from
the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect from a date that
is earlier than the date of its publication in the Gazette, the provision
does not operate so as:
(a) to affect, in a manner prejudicial to any person (other than the
State or an authority of the State), the rights of that person
existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an
authority of the State) in respect of anything done or omitted to
be done before the date of its publication.
Part 2 Provisions consequent on enactment of this
Act
2 Definitions
In this Part:
establishment has the same meaning that it had in the former Act.
former Act means the Private Hospitals and Day Procedure Centres
Act 1988.
new Committee means the Private Health Facilities Advisory
Committee as established by this Act.
old Committee means the Private Hospitals and Day Procedure Centres
Advisory Committee as established by the former Act.
sub-committee means a sub-committee established by the old
Committee.
3 Abolition of the old Committee
(1) The old Committee is abolished.
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Private Health Facilities Bill 2007
Schedule 4 Savings, transitional and other provisions
(2) Each sub-committee is abolished.
4 Members of the old Committee
(1) A person who, immediately before the repeal of section 4 of the former
Act, held office as a member of the old Committee:
(a) ceases to hold office on that day, and
(b) is eligible (if otherwise qualified) to hold office as a member of
the new Committee.
(2) A person who, immediately before the repeal of section 4 of the former
Act, held office as a member of a sub-committee ceases to hold office
on that day.
(3) A person who ceases to hold office as a member of the old Committee
or a sub-committee because of the operation of this Act is not entitled
to be paid any remuneration or compensation because of ceasing to hold
that office.
5 No compensation for removal of bed cap
(1) The purpose of this clause is to exclude the payment of compensation
for any deregulation of the private hospital industry by or on behalf of
the Crown.
(2) Compensation for deregulation is:
(a) compensation because of the enactment or operation of this Act,
including the repeal of provisions of the former Act, or for any
consequence of that enactment or operation, or
(b) compensation because of the removal of the bed cap under
section 9 (3) (d) of the former Act or for any consequence of that
removal, or
(c) compensation because of any statement or conduct relating to a
matter referred to in paragraph (a) or (b) or to the deregulation of
the private hospital industry in connection with any such matter.
(3) Compensation for deregulation is not payable by or on behalf of the
Crown.
(4) This clause applies to or in respect of any event, act, omission,
statement or conduct whether occurring before or after the
commencement of this clause.
(5) In this clause:
compensation includes damages or any other form of monetary
compensation.
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Private Health Facilities Bill 2007
Savings, transitional and other provisions Schedule 4
conduct includes a representation of any kind:
(a) whether made verbally or in writing, and
(b) whether negligent, false, misleading or otherwise.
the Crown means the Crown within the meaning of the Crown
Proceedings Act 1988, and includes an officer, employee or agent of the
Crown.
6 Existing licences
(1) A licence for an establishment that was in force under the former Act
immediately before the commencement of section 9 of this Act is taken
to have been issued under that section.
(2) Any such licence is taken to be subject to the conditions specified in the
licence immediately before the commencement of section 9.
(3) Nothing in subclause (2) affects the operation of section 17 of this Act.
7 Pending applications for licences and approvals in principle
(1) An application for a licence for an establishment made under the former
Act that has not been determined before the repeal of section 9 of the
former Act is taken to be an application for a licence under section 6 of
this Act.
(2) If the Director-General has, under section 9 of the former Act, approved
(whether or not subject to conditions) the plans and specifications
relating to the design and construction of any building to be constructed,
altered or extended for the purposes of a proposed establishment, that
accompany an application for a licence for that establishment, the
Director-General:
(a) may not, under section 6 of this Act, impose a condition relating
to the construction or design of the building on an approval of the
application in principle, and
(b) may, without limiting the operation of Division 2 of Part 2 of this
Act, refuse an application if the building is not constructed,
altered or extended in accordance with those plans and
specifications or if a condition to which the approval of the plans
and specifications was subject has not been complied with.
(3) An approval of an application for a licence in principle given under
section 9 of the former Act is taken to be an approval in principle under
this Act and is subject to the conditions to which the approval was
subject immediately before the repeal of that section.
(4) A notice given under section 9 (4) of the former Act is taken to be a
notice given under section 7 (5) of this Act.
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Private Health Facilities Bill 2007
Schedule 4 Savings, transitional and other provisions
8 Pending applications to transfer licences
An application to transfer a licence for an establishment made under
section 18 of the former Act that has not been determined before the
repeal of that section is taken to have been made under this Act and is
to be dealt with in accordance with the provisions of this Act.
9 Pending applications to alter establishments
An application to alter or extend an establishment under section 19 of
the former Act that has not been determined before the repeal of that
section is taken to have been made under this Act and is to be dealt with
in accordance with the provisions of this Act.
10 Notice to effect repairs
(1) A notice given to a licensee of an establishment under section 20 of the
former Act and in force immediately before the repeal of that section is
taken to have been given under section 52 of this Act and is to have
effect according to its tenor.
(2) If notice was given to a licensee of an establishment under section 20 of
the former Act less than 14 days before the repeal of that section:
(a) the licensee has a right under section 24 of this Act to apply to the
Minister for a review of the decision of the Director-General to
issue the notice as if the decision to issue the notice were a
decision of the Director-General within the meaning of section 22
of this Act, and
(b) the notice does not take effect:
(i) until the expiration of 14 days after notice has been given
to the licensee, or
(ii) if the licensee applies for a review of the
Director-General's decision under section 24 of this Act
before the expiration of the period referred to in
subparagraph (i)--until the application for review is dealt
with or withdrawn.
11 Pending applications to amend licences
An application for amendment of a licence for an establishment under
section 21 of the former Act that has not been determined before the
repeal of that section is taken to be a request that the Director-General
amend the licence under section 17 of this Act.
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Private Health Facilities Bill 2007
Savings, transitional and other provisions Schedule 4
12 Requests for review
A request for review of a decision of the Director-General relating to an
establishment that was made under section 28 of the former Act and that
has not been determined by the Minister immediately before the repeal
of that section is taken to be an application for review made under
section 24 of this Act and is to be dealt with in accordance with the
provisions of this Act.
13 Chairperson of Committees of Review
The person holding office as the Chairperson of Committees of Review
immediately before the repeal of section 27 of the former Act is taken
to have been appointed, for the same term, as the Chairperson of
Committees of Review under section 23 of this Act and Schedule 1 to
this Act has effect with respect to that appointment.
14 Investigation
If, immediately before the repeal of section 30 of the former Act, an
investigation relating to the cancellation of a licence for an
establishment is being conducted:
(a) any Committee of Review established in relation to the
investigation is taken to have been established under this Act, and
(b) the investigation may continue and is taken to be an investigation
under Division 5 of Part 2 of this Act.
15 Cancellation
A cancellation of a licence for an establishment under Division 6 of Part
3 of the former Act that has not taken effect immediately before the
repeal of that Division is taken to be a cancellation of a licence under
Division 6 of Part 2 of this Act and any notice of the cancellation given
under section 34 of the former Act is taken to be a notice given under
section 31 of this Act.
16 Appeal
Any appeal against a decision of the Director-General to cancel the
licence for an establishment pending under section 35 of the former Act
immediately before the repeal of that section is taken to be pending
under section 32 of this Act, and may be heard and determined
accordingly.
17 Register of patients
A register of patients kept at an establishment pursuant to section 44 of
the former Act immediately before the repeal of that section is taken to
be kept pursuant to section 38 of this Act.
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Private Health Facilities Bill 2007
Schedule 4 Savings, transitional and other provisions
18 Authority to enter and inspect premises
(1) Any person who, immediately before the repeal of section 47 of the
former Act, is authorised under that section to enter premises is taken to
be an authorised officer under this Act.
(2) A certificate of authority provided by the Director-General under
section 47 of the former Act to such a person and in force immediately
before the repeal of that section is taken to be an identification card
provided under section 50 of this Act.
(3) Nothing in this clause prevents the Director-General revoking the
appointment of any person as an authorised officer.
19 References to former Act
A reference in any other Act, in any instrument made under any Act or
in any other instrument of any kind to, or required (immediately before
the repeal of clause 17 of Schedule 4 to the former Act) to be construed
as a reference to, the Private Hospitals and Day Procedure Centres Act
1988 is, in so far as the reference relates to private health facilities, to
be read as a reference to this Act.
20 References to private hospitals and day procedure centres
A reference in any other Act, in any instrument made under any Act or
in any other instrument of any kind to a private hospital or a day
procedure centre within the meaning of the former Act is, after the
repeal of that Act, taken to be a reference to a private health facility.
Page 52
Private Health Facilities Bill 2007
Amendment of other Acts and instruments Schedule 5
Schedule 5 Amendment of other Acts and
instruments
(Section 67)
5.1 Adoption Act 2000 No 75
[1] Dictionary
Omit paragraph (f) of the definition of designated person. Insert instead:
(f) in relation to a private health facility within the meaning of
the Private Health Facilities Act 2007--the licensee of the
facility, or
[2] Dictionary, definition of "hospital"
Omit paragraph (c). Insert instead:
(c) a private health facility (within the meaning of the Private
Health Facilities Act 2007).
5.2 Anatomy Act 1977 No 126
Section 4 Definitions
Omit paragraph (b) of the definition of hospital in section 4 (1). Insert instead:
(b) a private health facility within the meaning of the Private
Health Facilities Act 2007.
5.3 Children and Young Persons (Care and Protection) Act 1998
No 157
[1] Section 200 Meaning of "children's service"
Omit paragraph (a) of the definition of hospital in section 200 (3).
Insert instead:
(a) a private health facility licensed under the Private Health
Facilities Act 2007, or
[2] Section 248 Provision and exchange of information
Omit paragraph (e) of the definition of prescribed body in section 248 (6).
Insert instead:
(e) a private health facility within the meaning of the Private
Health Facilities Act 2007, or
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Private Health Facilities Bill 2007
Schedule 5 Amendment of other Acts and instruments
5.4 Children and Young Persons (Care and Protection)
Regulation 2000
Clause 17 Out-of-home care: sec 135
Omit clause 17 (c). Insert instead:
(c) a private health facility licensed under the Private Health
Facilities Act 2007,
5.5 Children (Care and Protection) Act 1987 No 54
Section 3 Definitions
Omit paragraph (a) (ii) of the definition of exempt premises in section 3 (1).
Insert instead:
(ii) a private health facility licensed under the Private
Health Facilities Act 2007,
5.6 Chiropractors Act 2001 No 15
Section 38 Notification of orders to employer and others
Omit "any private hospital or day procedure centre (within the meaning of the
Private Hospitals and Day Procedure Centres Act 1988)" from section 38 (1)
(c).
Insert instead "any private health facility (within the meaning of the Private
Health Facilities Act 2007)".
5.7 Dental Practice Act 2001 No 64
[1] Section 56 Notification of orders to employer and others
Omit "any private hospital or day procedure centre (within the meaning of the
Private Hospitals and Day Procedure Centres Act 1988)" from section 56 (1)
(c).
Insert instead "any private health facility (within the meaning of the Private
Health Facilities Act 2007)".
[2] Section 137A Prohibition against directing or inciting misconduct
Omit section 137A (5) (b). Insert instead:
(b) a private health facility within the meaning of the Private
Health Facilities Act 2007,
Page 54
Private Health Facilities Bill 2007
Amendment of other Acts and instruments Schedule 5
5.8 Environmental Planning and Assessment Regulation 2000
Clause 186A Owners of existing buildings and dwellings must ensure
smoke alarms are installed
Omit paragraph (c) of the definition of health care building in clause 186A
(9).
Insert instead:
(c) a private health facility licensed under the Private Health
Facilities Act 2007.
5.9 Guardianship Act 1987 No 257
Section 3 Definitions
Omit paragraph (a) (ii) of the definition of exempt premises in section 3 (1).
Insert instead:
(ii) a private health facility licensed under the Private
Health Facilities Act 2007 or a nursing home within
the meaning of the Public Health Act 1991,
5.10 Health Administration Regulation 2005
Clause 15 Prescribed establishments
Omit clause 15 (a). Insert instead:
(a) a private health facility licensed under the Private Health
Facilities Act 2007,
5.11 Health Care Complaints Act 1993 No 105
[1] Section 25 Notification of certain complaints to Director-General
Omit "· Nursing Homes Act 1988" from section 25 (1).
[2] Section 25 (1)
Omit "· Private Hospitals and Day Procedure Centres Act 1988".
Insert instead:
· Private Health Facilities Act 2007
Page 55
Private Health Facilities Bill 2007
Schedule 5 Amendment of other Acts and instruments
[3] Schedule 4 Savings, transitional and other provisions
Insert at the end of the Schedule:
Part 6 Provision consequent on enactment of
Private Health Facilities Act 2007
18 Offences under repealed Acts
The Commission must notify the Director-General under section
25 of the details of a complaint that involves a possible breach of
the Private Hospitals and Day Procedure Centres Act 1988 or the
Nursing Homes Act 1988 or the regulations made under those
Acts if the conduct alleged to constitute the breach occurred
before the repeal of the relevant Act.
5.12 Health Care Liability Act 2001 No 42
Section 4 Definitions
Omit the definition of licensed facility in section 4 (1). Insert instead:
licensed facility means a private health facility licensed under the
Private Health Facilities Act 2007.
5.13 Health Services Act 1997 No 154
[1] Section 123 Inquiries by Director-General
Omit "private hospital, nursing home or day procedure centre" from section
123 (2).
Insert instead "private health facility or nursing home".
[2] Dictionary
Omit the definition of day procedure centre from Part 1.
[3] Dictionary, Part 1
Omit the definition of private hospital. Insert instead:
private health facility means a private health facility within the
meaning of the Private Health Facilities Act 2007.
Page 56
Private Health Facilities Bill 2007
Amendment of other Acts and instruments Schedule 5
5.14 Human Tissue Act 1983 No 164
[1] Section 4 Definitions
Omit paragraph (a) (iii) of the definition of governing body in section 4 (1).
Insert instead:
(iii) in the case of a private health facility within the
meaning of the Private Health Facilities Act 2007--
the licensee of the facility, or
[2] Section 4 (1), definition of "hospital"
Omit paragraph (b). Insert instead:
(b) a private health facility within the meaning of the Private
Health Facilities Act 2007.
5.15 Inclosed Lands Protection Act 1901 No 33
Section 3 Definitions
Omit paragraph (b) of the definition of hospital in section 3 (1). Insert instead:
(b) a private health facility within the meaning of the Private
Health Facilities Act 2007.
5.16 Kogarah Local Environmental Plan 1998
Clause 25 Dictionary
Omit paragraph (f) of the definition of nursing home in clause 25 (1).
Insert instead:
(f) a private health facility within the meaning of the Private
Health Facilities Act 2007, or
5.17 Land Tax Management Act 1956 No 26
Section 10 Land exempted from tax
Omit section 10 (1) (g) (viii). Insert instead:
(viii) a private health facility (within the meaning of the
Private Health Facilities Act 2007) not carried on
for pecuniary profit,
Page 57
Private Health Facilities Bill 2007
Schedule 5 Amendment of other Acts and instruments
5.18 Liquor Act 1982 No 147
Section 6 Application of Act
Omit section 6 (2) (b) (ii). Insert instead:
(ii) who is an overnight patient of a private health
facility within the meaning of the Private Health
Facilities Act 2007, or
5.19 Medical Practice Act 1992 No 94
[1] Section 36 Meaning of "unsatisfactory professional conduct"
Omit section 36 (1) (d) (v) and (vi). Insert instead:
(v) an offence under section 58 of the Private Health
Facilities Act 2007.
[2] Section 116A Prohibition against directing or inciting overservicing or
misconduct
Omit section 116A (5) (b). Insert instead:
(b) a private health facility,
[3] Section 191B Notification of orders to practitioner's employer and others
Omit "any private hospital or day procedure centre" from section 191B (1) (c).
Insert instead "any private health facility".
[4] Schedule 5 Savings and transitional provisions
Insert at the end of the Schedule:
Part 7 Provision consequent on enactment of
Private Health Facilities Act 2007
36 Unsatisfactory professional conduct--offences under repealed
Acts
For the purposes of the definition of unsatisfactory professional
conduct in section 36, unsatisfactory professional conduct also
includes any conduct that results in a practitioner being convicted
of or being made the subject of a criminal finding for an offence
under section 46 of the Private Hospitals and Day Procedure
Centres Act 1988 before the repeal of that Act or an offence under
section 43 of the Nursing Homes Act 1988 before the repeal of
that Act.
Page 58
Private Health Facilities Bill 2007
Amendment of other Acts and instruments Schedule 5
[5] Dictionary
Omit the definitions of day procedure centre and private hospital from
clause 1.
Insert in alphabetical order:
private health facility means a private health facility within the
meaning of the Private Health Facilities Act 2007.
5.20 Medical Practice Regulation 2003
Clause 5 Records relating to patients
Omit clause 5 (4) (b) and (c). Insert instead:
(b) a private health facility,
5.21 Mental Health Act 1990 No 9
[1] Section 225 Certain private hospitals to be licensed
Omit "a private hospital within the meaning of the Private Health
Establishments Act 1982".
Insert instead "a private health facility within the meaning of the Private
Health Facilities Act 2007".
[2] Section 225
Omit "that private hospital". Insert instead "that private health facility".
5.22 Motor Accidents Act 1988 No 102
Section 39A Definitions
Omit "a private hospital licensed under the Private Health Establishments Act
1982" from the definition of hospital in section 39A (1).
Insert instead "a private health facility licensed under the Private Health
Facilities Act 2007".
5.23 Motor Accidents Compensation Act 1999 No 41
Section 3 Definitions
Omit "a private hospital licensed under the Private Hospitals and Day
Procedure Centres Act 1988" from the definition of hospital.
Insert instead "a private health facility licensed under the Private Health
Facilities Act 2007".
Page 59
Private Health Facilities Bill 2007
Schedule 5 Amendment of other Acts and instruments
5.24 Motor Vehicles (Third Party Insurance) Act 1942 No 15
Section 24 Interpretation
Omit "a private hospital licensed under the Private Health Establishments Act
1982" from the definition of Hospital in section 24 (1).
Insert instead "a private health facility licensed under the Private Health
Facilities Act 2007".
5.25 Optometrists Act 2002 No 30
[1] Section 42 Notification of orders to employer and others
Omit "any private hospital or day procedure centre (within the meaning of the
Private Hospitals and Day Procedure Centres Act 1988)" from section 42
(1) (c).
Insert instead "any private health facility (within the meaning of the Private
Health Facilities Act 2007)".
[2] Section 120A Prohibition against directing or inciting misconduct
Omit section 120A (5) (b). Insert instead:
(b) a private health facility within the meaning of the Private
Health Facilities Act 2007,
5.26 Osteopaths Act 2001 No 16
Section 38 Notification of orders to employer and others
Omit "any private hospital or day procedure centre (within the meaning of the
Private Hospitals and Day Procedure Centres Act 1988)" from section 38 (1)
(c).
Insert instead "any private health facility (within the meaning of the Private
Health Facilities Act 2007)".
5.27 Pharmacy Practice Act 2006 No 59
Section 51 Notification of orders to employer and others
Omit "any private hospital or day procedure centre (within the meaning of the
Private Hospitals and Day Procedure Centres Act 1988)" from section 51 (1)
(c).
Insert instead "any private health facility (within the meaning of the Private
Health Facilities Act 2007)".
Page 60
Private Health Facilities Bill 2007
Amendment of other Acts and instruments Schedule 5
5.28 Physiotherapists Act 2001 No 67
Section 39 Notification of orders to employer and others
Omit "any private hospital or day procedure centre (within the meaning of the
Private Hospitals and Day Procedure Centres Act 1988)" from section 39 (1)
(c).
Insert instead "any private health facility (within the meaning of the Private
Health Facilities Act 2007)".
5.29 Podiatrists Act 2003 No 69
Section 38 Notification of orders to employer and others
Omit "any private hospital or day procedure centre (within the meaning of the
Private Hospitals and Day Procedure Centres Act 1988)" from section 38 (1)
(c).
Insert instead "any private health facility (within the meaning of the Private
Health Facilities Act 2007)".
5.30 Poisons and Therapeutic Goods Regulation 2002
[1] Clause 3 Definitions
Omit the definitions of day procedure centre, hospital and private hospital
from clause 3 (1).
Insert in alphabetical order:
hospital means a public hospital, public institution, private health
facility, nursing home or residential centre for persons with
disabilities.
private health facility means a private health facility licensed
under the Private Health Facilities Act 2007.
[2] Clauses 17 (4), 30 (2) (a), 46 (1) and (2), 61 (a), 73 (2) (a), 101 (1) (c), 102
(1) (c) (ii), (2) and (3), 103, 124 (4) (a) and 125 (2) (b)
Omit "chief nurse" wherever occurring. Insert instead "director of nursing".
[3] Clauses 82 (1) (a) and 94 (1) (a)
Omit "public or private hospital" wherever occurring.
Insert instead "public hospital or private health facility".
Page 61
Private Health Facilities Bill 2007
Schedule 5 Amendment of other Acts and instruments
[4] Clauses 102 (1) (c) (ii) and (2) and 103 (1)
Omit "private hospital" wherever occurring.
Insert instead "private health facility".
[5] Clause 125 Destruction of unwanted drugs of addiction in a private
health facility or nursing home
Omit "private hospital, nursing home or day procedure centre" wherever
occurring in clause 125 (1), (2) and (3) (a).
Insert instead "private health facility or nursing home".
5.31 Psychologists Act 2001 No 69
Section 38 Notification of orders to employer and others
Omit "any private hospital or day procedure centre (within the meaning of the
Private Hospitals and Day Procedure Centres Act 1988)" from section 38 (1)
(c).
Insert instead "any private health facility (within the meaning of the Private
Health Facilities Act 2007)".
5.32 Public Health Act 1991 No 10
Section 68 Definitions
Omit paragraph (d) of the definition of hospital. Insert instead:
(d) a private health facility within the meaning of the Private
Health Facilities Act 2007, or
5.33 Public Health (General) Regulation 2002
Clause 10 Protection of identity--exceptions
Omit "Private Hospitals and Day Procedure Centres Act 1988" from clause
10 (1) (b).
Insert instead "Private Health Facilities Act 2007".
5.34 Public Health (Microbial Control) Regulation 2000
Clause 7 Installation of hot-water systems and warm-water systems
Omit paragraph (b) of the definition of health care facility in clause 7 (3).
Insert instead:
(b) a private health facility within the meaning of the Private
Health Facilities Act 2007,
Page 62
Private Health Facilities Bill 2007
Schedule 5 Amendment of other Acts and instruments
5.35 Road Transport (Safety and Traffic Management) Act 1999
No 20
Dictionary
Omit paragraph (c) of the definition of hospital in clause 1. Insert instead:
(c) any private health facility within the meaning of the
Private Health Facilities Act 2007.
5.36 Summary Offences Act 1988 No 25
Section 3 Definitions
Omit paragraph (c) of the definition of hospital in section 3 (1). Insert instead:
(c) a private health facility within the meaning of the Private
Health Facilities Act 2007 or a nursing home within the
meaning of the Public Health Act 1991,
5.37 Youth and Community Services Act 1973 No 90
Section 3 Definitions
Omit paragraph (d) (i) of the definition of residential centre for handicapped
persons.
Insert instead:
(i) a private health facility licensed under the Private
Health Facilities Act 2007 or a nursing home within
the meaning of the Public Health Act 1991,
Page 63
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