New South Wales Repealed Acts

This legislation has been repealed.

NURSING HOMES ACT 1988 - SECT 3

3 Definitions

(1) In this Act:
"application" means:

(a) an application for a licence under section 5, or

(b) an application to transfer a licence under section 15, or

(c) an application to alter or extend a nursing home under section 16, or

(d) an application for amendment of a licence under section 18.

"chief nurse" means the chief nurse of a nursing home as referred to in section 37.
"licence" means a licence issued under section 8 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 4.
"nursing home" means premises at which residents are provided with nursing care for fee, gain or reward, being residents:

(a) who are recuperating from illness or childbirth and who require nursing care, or

(b) who require nursing care on account of age, infirmity, chronic ill-health or other condition,

but does not include:

(c) an institution conducted by or on behalf of the State, or

(d) a public hospital within the meaning of the Health Services Act 1997 or any health service provided by a public health organisation within the meaning of that Act, or

(f) a private hospital or a day procedure centre within the meaning of the Private Hospitals and Day Procedure Centres Act 1988 , or

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

"premises" includes any land, building and part of any building.
"register of residents" means the register that is required by section 41 to be kept at a nursing home.
"registered nurse" means a nurse registered under the Nurses and Midwives Act 1991 .
"resident" means a person accommodated in a nursing home who receives nursing care.
"Secretary" means the Secretary of the Department of Health.
"temporary licence" means a licence issued under section 9 and in force under this Act.
"ward" means any room in a nursing home in which residents are accommodated.

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

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

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

(b) to a natural person who conducts the nursing home (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.