New South Wales Consolidated Acts

PRIVATE HOSPITALS AND DAY PROCEDURE CENTRES ACT 1988 - SECT 3

3 Definitions

(1) In this Act:
"Advisory Committee" means the Private Hospitals and Day Procedure Centres Advisory Committee established under this Act.
"application" means:

(a) an application for a licence under section 8, or

(b) an application to transfer a licence under section 18, or

(c) an application to alter or extend an establishment under section 19, or

(d) an application for amendment of a licence under section 21.

"chief nurse" means the chief nurse of an establishment as referred to in section 41.
"day procedure centre" means premises at which any patient is admitted and discharged on the same day for such medical, surgical or other treatment, and in such circumstances, as may be prescribed by the regulations, but does not include:

(a) any such premises conducted by or on behalf of the State, or

(b) a public hospital or health service under the control of a public health organisation within the meaning of the Health Services Act 1997 , or

(d) a private hospital licensed under this Act, or

(e) a nursing home within the meaning of the Public Health Act 1991 , or

(f) a residential rehabilitation establishment licensed under the Drug and Alcohol Rehabilitation Establishments Act 1987 .

"establishment" means a private hospital or day procedure centre.
"licence" means a licence issued under section 11 and in force under this Act, and includes a temporary licence.
"licensee" means the holder, or any 1 or more of the holders, for the time being of a licence.
"licensing standards" means the standards prescribed under section 7.
"patient":

(a) in relation to a private hospital, means a person accommodated in the private hospital for treatment, or

(b) in relation to a day procedure centre, means a person admitted to the day procedure centre for treatment.

"practitioner" means a medical practitioner or a dentist.
"premises" includes any land, building and part of any building.
"private hospital" means premises at which any patient is provided with medical, surgical or other treatment, and with ancillary nursing care, for fee, gain or reward, but 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

(d) a nursing home within the meaning of the Public Health Act 1991 , or

(e) a residential rehabilitation establishment licensed under the Drug and Alcohol Rehabilitation Establishments Act 1987 .

"register of patients" means the register that is required by section 44 to be kept at an establishment.
"registered nurse" means a nurse registered under the Nurses and Midwives Act 1991 .
"Secretary" means the Secretary of the Department of Health.
"temporary licence" means a licence issued under section 12 and in force under this Act.
"ward" means any room in a private hospital in which patients are accommodated, but does not include any labour room or operating theatre.

(1A) A reference in this Act to medical, surgical or other treatment includes a reference to a diagnosis for the purposes of any such treatment.

(2) A reference in this Act to the conduct of an establishment (however expressed) is a reference to the carrying on of the business of the establishment.

(3) A reference in this Act to a person who conducts an establishment (however expressed) is a reference:

(a) to a corporation which conducts the establishment, except where that corporation is acting only in its capacity as an agent, or

(b) to a natural person who conducts the establishment (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.

(4) For the purposes of this Act, a corporation is not a fit and proper person to be a licensee unless each director and each person concerned in the management of the corporation is a fit and proper person to be a licensee.

(5) In this Act:

(a) a reference to a function includes a reference to a power, authority and duty, and

(b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.