PRIVATE HEALTH FACILITIES ACT 2007 - As at 21 March 2024 - Act 9 of 2007

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

• 1 Name of Act
• 2 Commencement
• 3 Objects of Act
• 4 Definitions

PART 2 - LICENSING OF PRIVATE HEALTH FACILITIES

Division 1 - Licensing standards

• 5 Licensing standards

Division 2 - Applications for and issue of licences

• 6 Application for licence
• 7 Approval in principle or refusal of application
• 8 Period for which approval in principle remains effective
• 9 Issue of licence approved in principle

Division 3 - Provisions relating to licences

• 10 Classes of private health facilities
• 11 Form of licence
• 12 Conditions of licence
12A. (Repealed)
• 13 Duration of licence
• 14 Annual licence fees
• 15 Transfer of licence to another licensee
• 16 Alterations or extensions to licensed facilities
• 17 Amendment of licences

Division 4 - General provisions relating to applications

• 18 Additional information
• 19 Notice of reasons for refusal of application
• 20 Advertising of applications
• 21 Amendment of applications

Division 5 - Review of decisions of Secretary

• 22 Definition
• 23 Chairperson of Committees of Review
• 24 Application for review of Secretary's decision
• 25 Constitution of Committee of Review
• 26 Committee of Review to make recommendation to Minister
• 27 Determination of application for review by Minister
• 28 Applicant to provide information

Division 6 - Suspension and cancellation of licences

• 29 Suspension of licence
• 30 Cancellation of licence without notice
• 31 Cancellation of licence with notice
• 32 Right to apply to Civil and Administrative Tribunal for administrative review

PART 3 - CONDUCT OF PRIVATE HEALTH FACILITIES

• 33 Unlicensed private health facility
• 33A Certain services or treatments must not be performed at unlicensed facility
• 34 Executor or administrator regarded as licensee
• 35 Purposes for which facilities may be used
• 36 Overcrowding
• 37 Nursing requirements for private health facilities
• 38 Register of patients
• 39 Medical advisory committee
• 40 Act and regulations to be readily available

PART 4 - RESPONSE TO INCIDENTS

Division 1 - Preliminary

• 41 Definitions

Division 2 - Preliminary risk assessment

• 42 Appointment of assessors to assess incidents
• 43 Functions of assessors in relation to incidents
• 44 Immediate notification if person at risk
• 45 Outcome of assessment of incidents

Division 3 - Serious adverse event review

• 46 Appointment of team to review incidents
• 47 Serious adverse event review of incident
• 48 Immediate notification if person at risk
• 49 Notification about performance or impairment of health practitioner
• 49A Discontinuing serious adverse event review

Division 4 - Incident reviewers

• 49B Meaning of "incident reviewer"
• 49C Restrictions on incident reviewers
• 49D Disclosure of information
• 49E Information not to be given in evidence
• 49F Advice and reports not to be admitted in evidence
• 49G Personal liability of incident reviewers

Division 5 - Miscellaneous

• 49H Regulations for purposes of Part

PART 5 - ENFORCEMENT

• 50 Authorised officers
• 51 Power to enter and inspect
• 51A Power of authorised officers to require answers
• 51B Requirement to provide information and documents
• 52 Improvement notices
• 53 Obstruction of officers and failure to comply with direction
• 53A Provisions relating to requirements to furnish documents, information or answer questions

PART 6 - PRIVATE HEALTH FACILITIES ADVISORY COMMITTEE

• 54 Constitution of Advisory Committee
• 55 Functions of Advisory Committee
• 56 Sub-committees of Advisory Committee

PART 7 - MISCELLANEOUS

• 57 Secretary may direct licensee to engage external expert
• 57A Duty to report certain criminal and disciplinary matters
• 58 Disclosure of pecuniary interests to patients
• 58A Sharing or exchange of information about health practitioner appointments
• 59 Onus of proof regarding reasonable excuse
• 60 Evidentiary certificates
• 61 Service of documents
• 62 Offences by corporations
• 63 Proceedings for offences
• 64 Delegation
• 65 Regulations
• 66 Savings, transitional and other provisions
67. (Repealed)
• 68 Review of section 7 (4) (c) (i)
• 69 Repeal of Private Hospitals and Day Procedure Centres Act 1988 No 123
70. (Repealed)
• SCHEDULE 1
• SCHEDULE 2
• SCHEDULE 3
• SCHEDULE 4
Schedule 5 (Repealed)