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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
PRIVATE HEALTH
FACILITIES BILL 1999
Queensland
PRIVATE HEALTH FACILITIES
BILL 1999
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
3 Main object of Act and its achievement . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
4 Outline of approval and licensing requirements . . . . . . . . . . . . . . . . . . . . . . 10
5 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
PART 2--INTERPRETATION
Division 1--Definitions
6 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Division 2--Basic concepts
7 Meaning of "health service" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
8 Meaning of "private health facility" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
9 Meaning of "private hospital" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
10 Meaning of "day hospital" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Division 3--Authority holders
11 Authority issued jointly to more than 1 person . . . . . . . . . . . . . . . . . . . . . . . 13
PART 3--STANDARDS
12 Chief health officer may make standards . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
PART 4--SUITABILITY OF PERSONS TO BE AUTHORITY
HOLDERS
13 Suitability of persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
14 Suitability of associates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
15 Investigation of suitability of persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
2
Private Health Facilities
16 Criminal history reports for investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
PART 5--APPROVALS
Division 1--Applications for approvals
17 Requirements about application for an approval . . . . . . . . . . . . . . . . . . . . . . 18
18 Further information or documents to support application for an approval . . 18
Division 2--Deciding applications for approvals
19 Decision about application for an approval . . . . . . . . . . . . . . . . . . . . . . . . . . 18
20 Further consideration of application for an approval . . . . . . . . . . . . . . . . . . 19
21 Application for an approval taken to be refused in certain
circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Division 3--Form, conditions and term of approvals
22 Form of approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
23 Conditions of approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
24 Term of approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Division 4--Extension of term of approval
25 Extension of term of approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
26 Further information or documents to support application for extension . . . 22
27 Decision about application for extension . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
28 Approval continues in force while application is considered . . . . . . . . . . . . 23
Division 5--Dealings affecting approvals
Subdivision 1--Changing approvals
29 Changing approval--chief health officer acting on own initiative . . . . . . . 23
30 Changing approval--application by approval holder . . . . . . . . . . . . . . . . . . 24
31 Further information or document to support application to change
an approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
32 Decision about application to change an approval . . . . . . . . . . . . . . . . . . . . 25
33 Further consideration of application to change an approval . . . . . . . . . . . . 26
34 Application to change an approval taken to be refused in certain
circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
35 Recording changes to approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Subdivision 2--Other dealings affecting approvals
36 Surviving persons taken to be approval holder . . . . . . . . . . . . . . . . . . . . . . . 27
37 Surrender of approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
3
Private Health Facilities
38 Replacing approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
PART 6--LICENCES
Division 1--Licences for operation of private health facilities
39 Licences required to operate private health facilities . . . . . . . . . . . . . . . . . 29
40 Licences not required to operate certain day hospitals . . . . . . . . . . . . . . . . 29
Division 2--Applications, and materials to support applications, for
licences
41 Restriction on application for licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
42 Requirements about applications for licences . . . . . . . . . . . . . . . . . . . . . . . . 30
43 Further information or documents to support application for a licence . . . . 30
Division 3--Deciding applications for licences
44 Decision about application for a licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
45 Further consideration of application for a licence . . . . . . . . . . . . . . . . . . . . 31
46 Application for licence taken to have been refused in certain
circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Division 4--Form, conditions and term of licences
47 Form of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
48 Conditions of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
49 Contravention of condition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
50 Term of licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Division 5--Renewal of licences
51 Renewal of licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
52 Further information or document to support application for renewal . . . . . . 35
Division 6--Deciding applications for renewal
53 Decision about application for renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
54 Licence continues in force while application is considered . . . . . . . . . . . . 36
Division 7--Dealings affecting licences
Subdivision 1--Changing licences
55 Changing licence--chief health officer acting on own initiative . . . . . . . . 37
56 Licensee may apply to change a licence . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
57 Further information or document to support application to change
a licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
58 Decision whether to change licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
4
Private Health Facilities
59 Further consideration of application to change a licence . . . . . . . . . . . . . . 39
60 Application to change a licence taken to be refused in certain
circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
61 Recording change of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Subdivision 2--Making prescribed alterations to private health
facilities
62 Meaning of "prescribed alteration" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
63 Requirements about applications for approval of prescribed alterations . . . 41
64 Further information or document to support applications for
approval of prescribed alterations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
65 Decision about applications for approval of prescribed alterations . . . . . . . 42
66 Application for approval of a prescribed alteration taken to be
refused in certain circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Subdivision 3--Transfers of licences
67 Transfer of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
68 Requirements about transfer applications . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
69 Further information or documents to support transfer application . . . . . . . . 43
70 Decision about transfer application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
71 Further consideration of application to transfer a licence . . . . . . . . . . . . . . 44
72 Application to transfer a licence taken to be refused in certain
circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
73 Recording transfer of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Subdivision 4--Other dealings with licences
74 Encumbrances have no effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
75 Death of sole licensee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
76 Surviving persons taken to be licensee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
77 Surrender of licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
78 Surrender before operation of facility stops . . . . . . . . . . . . . . . . . . . . . . . . . . 47
79 Replacing licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
PART 7--SUSPENSION AND CANCELLATION OF
AUTHORITIES
80 Grounds for suspension or cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
81 Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
82 Consideration of representations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
5
Private Health Facilities
83 Ending show cause process without further action . . . . . . . . . . . . . . . . . . . . 50
84 Suspension and cancellation of authorities . . . . . . . . . . . . . . . . . . . . . . . . . . 50
85 Immediate suspension of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
86 Cancellation or reduction of period of suspension of authority . . . . . . . . . . 52
PART 8--INVESTIGATION AND ENFORCEMENT
Division 1--Authorised persons
87 Appointment and qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
88 Functions and powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
89 Appointment conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
90 Identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
91 Failure to return identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
92 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Division 2--Powers of authorised persons
Subdivision 1--Power to enter places
93 Power to enter places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Subdivision 2--Procedure for entry
94 Entry with consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
95 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
96 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
97 Special warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
98 Warrants--procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
Subdivision 3--Powers after entry
99 General powers after entering places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
100 Exercise of general powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
101 Failure to help authorised person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
102 Failure to give information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
Subdivision 4--Power to seize evidence
103 Seizing evidence at a place that may be entered without consent
or warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
104 Seizing evidence at place that may only be entered with consent
or warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
105 Securing seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
106 Tampering with seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
6
Private Health Facilities
107 Powers to support seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
108 Receipts for seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
109 Forfeiture by authorised person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
110 Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
111 Dealing with forfeited things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
112 Return of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
113 Access to seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
Subdivision 5--Power to obtain information
114 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
115 Failure to give name or address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
116 Power to require production of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
117 Failure to certify copy of document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
118 Failure to produce document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
119 Power to require information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
Subdivision 6--Enforcement matters
120 Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
121 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
122 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
123 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
124 Obstructing and impersonating authorised persons . . . . . . . . . . . . . . . . . . . . 71
125 Compliance notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
PART 9--REVIEWS AND APPEALS
Division 1--Reviews
126 Appeal process starts with internal review . . . . . . . . . . . . . . . . . . . . . . . . . . 73
127 Who may apply for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
128 Applying for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
129 Review decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
130 Stay of operation of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
Division 2--Appeals
131 Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
132 District Court to which appeal may be made . . . . . . . . . . . . . . . . . . . . . . . . 76
133 Starting appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
7
Private Health Facilities
134 Stay of operation of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
135 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
136 Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
PART 10--LEGAL PROCEEDINGS
Division 1--Evidence
137 Application of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
138 Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
139 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
140 Evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
Division 2--Proceedings
141 Summary proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
142 Responsibility for acts or omissions of representatives . . . . . . . . . . . . . . . . 80
143 Executive officers must ensure corporation complies with Act . . . . . . . . . . 80
PART 11--MISCELLANEOUS
144 Submission of reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
145 False or misleading report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
146 Protecting officials from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
147 Confidentiality of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
148 Delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
149 Advisory committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
150 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
151 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
PART 12--SAVING AND TRANSITIONAL PROVISIONS
Division 1--Interpretation
152 Definitions for pt 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
Division 2--Saving and transitional provisions
153 References to repealed division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
154 Consents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
155 Expiry of existing licences to erect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
156 Existing licences to use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
157 Pending applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
158 Action to cancel or suspend an existing licence to use . . . . . . . . . . . . . . . . 91
8
Private Health Facilities
159 Suspended licences to use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
160 Offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
161 Application of offence provision requiring licences for day
hospitals and other provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
162 Licences not required to operate certain day hospitals . . . . . . . . . . . . . . . . 92
163 Inclusion of statement in certain licences . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
PART 13--OTHER ACTS AMENDED
164 Acts amended in sch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 94
DECISIONS FOR WHICH INFORMATION NOTICES MUST BE
GIVEN
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 96
AMENDMENT OF OTHER ACTS
SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . . 99
DICTIONARY
1999
A BILL
FOR
An Act to provide for the regulation of private health facilities and for
other purposes
s1 10 s4
Private Health Facilities
The Parliament of Queensland enacts-- 1
ART 1--PRELIMINARY 2
P
title 3
Short
1. This Act may be cited as the Private Health Facilities Act 1999. 4
5
Commencement
2. This Act commences on a day to be fixed by proclamation. 6
object of Act and its achievement 7
Main
3.(1) The main object of this Act is to provide a framework for protecting 8
the health and wellbeing of patients receiving health services at private health 9
facilities. 10
(2) The object is to be achieved mainly by-- 11
(a) enabling standards to be made for the provision of health services 12
at private health facilities; and 13
(b) requiring persons proposing to operate private health facilities to 14
first hold approvals; and 15
(c) requiring persons to hold licences for the operation of the 16
facilities; and 17
(d) providing for compliance with this Act to be monitored and 18
enforced. 19
of approval and licensing requirements 20
Outline
4.(1) Only a licensee may operate a private health facility.1 21
(2) Only the person operating the facility is required to be licensed (not, 22
1 See section 39 (Licences required to operate private health facilities).
s5 11 s7
Private Health Facilities
for example, another person who merely owns the facility). 1
(3) A person may become the licensee of a private health facility only 2
if-- 3
(a) the person first holds an approval for the facility; or 4
(b) the person is the transferee of the licence for the facility;2 or 5
(c) the person is the personal representative of a deceased licensee's 6
estate and is taken to be a licensee under section 75.3 7
binds all persons 8
Act
5. This Act binds all persons, including the State. 9
PART 2--INTERPRETATION 10
1--Definitions 11
Division
12
Definitions
6. The dictionary in schedule 3 defines particular words used in this Act. 13
Division 2--Basic concepts 14
of "health service" 15
Meaning
7. A "health service" is a service provided to a person for maintaining, 16
improving or restoring the person's health and wellbeing. 17
2 See part 6 (Licences), division 7 (Dealings affecting licences), subdivision 3
(Transfers of licences).
3 Section 75 (Death of sole licensee)
s8 12 s 10
Private Health Facilities
of "private health facility" 1
Meaning
8. A "private health facility" is-- 2
(a) a private hospital; or 3
(b) a day hospital. 4
of "private hospital" 5
Meaning
9.(1) A "private hospital" is a facility at which health services are 6
provided to persons who are discharged from the facility on a day other than 7
the day on which the persons were admitted to the facility. 8
(2) However, a private hospital does not include the following-- 9
(a) a hospital operated by the State; 10
(b) a nursing home, hostel, or other facility at which accommodation, 11
and nursing or personal care, is provided to persons who, because 12
of infirmity, illness, disease, incapacity or disability, have a 13
permanent need for nursing or personal care. 14
of "day hospital" 15
Meaning
10.(1) A "day hospital" is a facility at which day hospital health services 16
are provided to persons who are admitted to, and discharged from, the 17
facility on the same day, but does not include a facility operated by the State. 18
(2) However, a facility is not a day hospital merely because a day hospital 19
health service is provided to a person at the facility if-- 20
(a) the service is provided to the person in an emergency; and 21
(b) it would be unreasonable, having regard to the health and 22
wellbeing of the person, to move the person to another facility to 23
receive the health service. 24
(3) In this section-- 25
"day hospital health service" means any of the following health 26
services-- 27
(a) a diagnostic, surgical or other procedure performed by a medical 28
practitioner involving-- 29
s 11 13 s 12
Private Health Facilities
(i) the administration of a general, spinal or epidural anaesthetic; 1
or 2
(ii) sedation, other than simple sedation; 3
(b) a diagnostic, surgical or other procedure-- 4
(i) performed by, or under the direction of, a medical 5
practitioner; and 6
(ii) involving a significant risk that a person on whom the 7
procedure is performed may, because of cardiac, respiratory 8
or other complications arising from the performance of the 9
procedure, require resuscitation; and 10
(iii) prescribed under a regulation. 11
"simple sedation" means the administration of one or more drugs to a 12
person, that depress the person's central nervous system, to allow a 13
procedure to be performed on the person by a medical practitioner in a 14
way that-- 15
(a) allows communication with the person to be maintained while the 16
procedure is being performed; and 17
(b) makes loss of the person's consciousness unlikely. 18
3--Authority holders 19
Division
issued jointly to more than 1 person 20
Authority
11. A reference in this Act to an authority holder, for an authority issued 21
jointly to more than 1 person, is a reference to each of the persons. 22
ART 3--STANDARDS 23
P
health officer may make standards 24
Chief
12.(1) The chief health officer may make standards under this Act for the 25
protection of the health and wellbeing of patients receiving health services at 26
s 12 14 s 12
Private Health Facilities
private health facilities. 1
(2) Standards may be made about the following-- 2
(a) the particular types of health services to which patients at a private 3
health facility must have access (whether or not the services are 4
provided at the facility) when other health services of a particular 5
type are provided at the facility; 6
(b) processes for-- 7
(i) evaluating the credentials of medical practitioners providing, 8
or seeking to provide, health services at private health 9
facilities; and 10
(ii) deciding which health services may be provided by the 11
medical practitioners at the facilities; 12
(c) processes for deciding ethical issues; 13
(d) processes for monitoring, evaluating and improving the quality of 14
health services provided at private health facilities; 15
(e) the day to day care and safety of patients, including admission and 16
discharge procedures and patient records; 17
(f) management and staffing arrangements; 18
(g) minimum patient throughput for health services provided at 19
private health facilities and prescribed under a regulation; 20
(h) equipment, fittings and furnishings at private health facilities; 21
(i) infection control; 22
(j) a matter prescribed under a regulation for this subsection. 23
24
Example for paragraph (a)--
25
A standard may be made requiring that a licensee of a private health facility
26
licensed to provide major surgical services to patients must also--
27
(a) provide intensive care and coronary care services to the patients at the
28
facility; or
29
(b) arrange for intensive care and coronary care services to be provided to the
30
patients at another facility.
(3) A standard has no effect unless the Minister notifies the making of 31
the standard by gazette notice. 32
s 13 15 s 13
Private Health Facilities
(4) A standard takes effect-- 1
(a) on the day the gazette notice is published in the gazette; or 2
(b) if a later day is stated in the gazette notice--on the later day. 3
(5) The gazette notice must state the places where copies of the standard 4
and the provisions of any document applied, adopted or incorporated by the 5
standard are available for inspection, without charge, during normal 6
business hours. 7
(6) The gazette notice is subordinate legislation. 8
(7) In this section-- 9
"minimum patient throughput" means the minimum number of patients 10
required to receive a particular health service during a stated period to 11
maintain the clinical skills of the staff providing the health service. 12
ART 4--SUITABILITY OF PERSONS TO BE 13
P
AUTHORITY HOLDERS 14
of persons 15
Suitability
13.(1) This section applies to the chief health officer in deciding-- 16
(a) whether a person who has applied for an authority for a private 17
health facility or a proposed private health facility is a suitable 18
person to hold the authority; or 19
(b) whether a person who holds an authority for a private health 20
facility or a proposed private health facility is a suitable person to 21
continue to hold the authority. 22
(2) The chief health officer may have regard to the following-- 23
(a) whether the person-- 24
(i) has the appropriate skills, knowledge and experience to 25
operate the facility under a licence in accordance with the 26
standards; or 27
(ii) has, or is able to obtain, the services of other persons with 28
s 13 16 s 13
Private Health Facilities
the appropriate skills, knowledge and experience to enable 1
the person to operate the facility under a licence in 2
accordance with the standards; 3
(b) if the person is a corporation, the skills, knowledge and 4
experience of the corporation's executive officers that are relevant 5
to operating the facility under a licence in accordance with the 6
standards; 7
(c) if the person has been convicted of a prescribed offence, the 8
nature, and circumstances of the commission, of the offence; 9
(d) if the person is a corporation and any of the corporation's 10
executive officers have been convicted of a prescribed offence, the 11
nature, and circumstances of the commission, of the offence; 12
(e) whether the person held an authority under this Act or a 13
corresponding law, or a licence under the repealed division, that 14
was suspended or cancelled; 15
(f) if the person is a corporation, whether any of the corporation's 16
executive officers held an authority under this Act or a 17
corresponding law, or a licence under the repealed division, that 18
was suspended or cancelled; 19
(g) the person's current financial position and financial background; 20
(h) whether the person has, or is able to obtain, financial resources the 21
chief health officer reasonably considers are required for the 22
financial viability of the operation of, or proposed operation of, 23
the facility under a licence; 24
(i) the suitability of associates of the person, as mentioned in 25
section 14; 26
(j) anything else relevant to the health and wellbeing of persons who 27
are receiving, or may receive, health services at the facility 28
operated, or proposed to be operated, by the person. 29
(3) In this section-- 30
"prescribed offence" means an indictable offence or an offence against this 31
Act, the repealed division or a corresponding law. 32
s 14 17 s 16
Private Health Facilities
of associates 1
Suitability
14. The chief health officer may also have regard to the matters 2
mentioned in section 13(2) as they apply to an associate of the applicant or 3
authority holder in deciding-- 4
(a) for an applicant for an authority--whether the applicant is a 5
suitable person to hold the authority; or 6
(b) for an authority holder--whether the authority holder is a suitable 7
person to continue to hold the authority. 8
of suitability of persons 9
Investigation
15. The chief health officer may investigate an applicant for an authority, 10
an authority holder or an associate of an applicant or authority holder, to 11
help in deciding-- 12
(a) for an applicant for an authority--whether the applicant is a 13
suitable person to hold an authority of the kind applied for; or 14
(b) for an authority holder--whether the authority holder is a suitable 15
person to continue to hold the authority. 16
history reports for investigation 17
Criminal
16.(1) The chief health officer, in investigating a person under section 15, 18
may ask the commissioner of the police service for a written report about 19
the person's criminal history. 20
(2) If asked by the chief health officer, the commissioner of the police 21
service must give the chief health officer a written report about the criminal 22
history of the person, including the criminal history in the commissioner's 23
possession or to which the commissioner has access.4 24
4 See section 147 (Confidentiality of information) for restrictions on disclosing
information in a report under this section.
s 17 18 s 19
Private Health Facilities
PART 5--APPROVALS 1
Division 1--Applications for approvals 2
about application for an approval 3
Requirements
17. An application for an approval must-- 4
(a) be made to the chief health officer; and 5
(b) be in the approved form; and 6
(c) be accompanied by the fee prescribed under a regulation. 7
information or documents to support application for an 8
Further
approval 9
18.(1) The chief health officer may, by written notice given to an 10
applicant for an approval, require the applicant to give the chief health 11
officer, within the reasonable time stated in the notice (but not less than 12
30 days), further information or a document about the application. 13
(2) The information mentioned in subsection (1) must, if the notice 14
requires, be verified by a statutory declaration. 15
(3) The requirement may only relate to information or a document that is 16
necessary and reasonable to help the chief health officer decide the 17
application. 18
(4) A notice under subsection (1) must be given to the applicant within 19
60 days after the chief health officer receives the application. 20
(5) If the applicant fails to comply with the requirement within the stated 21
time, the applicant is taken to have withdrawn the application. 22
2--Deciding applications for approvals 23
Division
about application for an approval 24
Decision
19.(1) The chief health officer must consider the application and either 25
grant or refuse the application. 26
s 20 19 s 20
Private Health Facilities
(2) The chief health officer may grant an application for an approval only 1
if the chief health officer is satisfied-- 2
(a) the applicant is a suitable person to hold the approval applied for;5 3
and 4
(b) the proposed facility, and the health services proposed to be 5
provided at the facility, will comply with the relevant standards. 6
(3) If the chief health officer decides to grant the application, the chief 7
health officer must immediately issue the approval to the applicant. 8
(4) If the chief health officer decides to refuse the application, the chief 9
health officer must immediately give the applicant an information notice6 10
about the decision. 11
consideration of application for an approval 12
Further
20.(1) This section applies if the chief health officer considers more time 13
is needed to decide the application because of the complexity of the issues 14
that need to be considered in deciding the application. 15
(2) The chief health officer may, at any time before the final consideration 16
day, give written notice to the applicant that-- 17
(a) because of the complexity of the issues, the chief health officer 18
needs more time to decide the application; and 19
(b) the time within which the chief health officer must decide the 20
application is extended to a stated day that is not more than 21
60 days after the final consideration day. 22
(3) In this section-- 23
"final consideration day" means the later of the following days-- 24
(a) the day that is 60 days after receipt of the application; 25
(b) if further information or a document is required by a notice given 26
under section 18--the day that is 60 days after the information or 27
document is given. 28
5 See part 4 (Suitability of persons to be authority holders).
6 See schedule 3 (Dictionary).
s 21 20 s 22
Private Health Facilities
for an approval taken to be refused in certain 1
Application
circumstances 2
21. The chief health officer is taken to have refused to grant the 3
application if the chief health officer has not decided the application by the 4
latest of the following days-- 5
(a) the day that is 60 days after receiving the application; 6
(b) if further information or a document is required by a notice given 7
under section 18--the day that is 60 days after the information or 8
document is given; 9
(c) if the day for deciding the application is extended under 10
section 20--the extended day; 11
(d) if another day for deciding the application is agreed to by the 12
applicant and the chief health officer--the agreed day. 13
Division 3--Form, conditions and term of approvals 14
of approval 15
Form
22.(1) An approval must be in the approved form. 16
(2) The approval must state the following particulars-- 17
(a) the name of the approval holder; 18
(b) the day of issue of the approval; 19
(c) the term of the approval; 20
(d) details about the proposed private health facility to which the 21
approval relates, including-- 22
(i) the location of the proposed facility; and 23
(ii) the type of health services proposed to be provided at the 24
proposed facility; 25
(e) the conditions of the approval. 26
s 23 21 s 25
Private Health Facilities
of approval 1
Conditions
23.(1) An approval must be issued on condition that the approval holder 2
must give the chief health officer written notice of a prescribed change 3
within 21 days of the prescribed change. 4
(2) The chief health officer may issue an approval on additional 5
conditions the chief health officer considers necessary or desirable for-- 6
(a) the proper operation of the proposed facility under a licence; or 7
(b) the health and wellbeing of patients who may receive health 8
services at the proposed facility. 9
(3) If the chief health officer decides to issue an approval on additional 10
conditions, the chief health officer must immediately give the applicant an 11
information notice about the decision. 12
(4) In this section-- 13
"prescribed change" means a change-- 14
(a) in a matter disclosed by an approval holder in an application under 15
this Act; and 16
(b) of a kind prescribed under a regulation. 17
of approval 18
Term
24. An approval remains in force for the term, not more than 2 years, 19
stated in the approval. 20
Division 4--Extension of term of approval 21
of term of approval 22
Extension
25.(1) The chief health officer may, on application by an approval holder, 23
extend the term of the approval by not more than 2 years. 24
(2) Subsection (1) applies whether or not the term of the approval has 25
already been extended under this section. 26
(3) An application for an extension must-- 27
(a) be made to the chief health officer; and 28
s 26 22 s 27
Private Health Facilities
(b) be in the approved form; and 1
(c) be accompanied by the fee prescribed under a regulation; and 2
(d) be made within the period starting 60 days before the approval 3
expires. 4
information or documents to support application for 5
Further
extension 6
26.(1) The chief health officer may, by written notice given to the 7
approval holder, require the approval holder to give the chief health officer, 8
within the reasonable time stated in the notice (but not less than 30 days), 9
further information or a document about the application. 10
(2) The information mentioned in subsection (1) must, if the notice 11
requires, be verified by a statutory declaration. 12
(3) The requirement may only relate to information or a document that is 13
necessary and reasonable to help the chief health officer decide the 14
application. 15
(4) If the approval holder fails to comply with the requirement within the 16
stated time, the approval holder is taken to have withdrawn the application. 17
about application for extension 18
Decision
27.(1) The chief health officer must consider the application and either 19
grant or refuse the application. 20
(2) The chief health officer may grant the application only if the chief 21
health officer is satisfied that the approval holder has made reasonable 22
efforts to progress the development of the proposed private health facility, 23
taking into account-- 24
(a) the type of health services proposed to be provided at the 25
proposed facility; and 26
(b) the period that would reasonably be required to complete the 27
development of the proposed facility. 28
(3) If the chief health officer decides to grant the application, the chief 29
health officer must immediately issue another approval for the extended 30
term. 31
s 28 23 s 29
Private Health Facilities
(4) If the chief health officer decides to refuse the application, the chief 1
health officer must immediately give the approval holder an information 2
notice about the decision. 3
continues in force while application is considered 4
Approval
28.(1) If an approval holder applies for an extension under section 25, the 5
approval continues in force from the day that it would, apart from this 6
section, have expired until-- 7
(a) if the application is granted--another approval is issued under 8
section 27(3); or 9
(b) if the application is withdrawn--the day the application is 10
withdrawn; or 11
(c) if the application is refused--the day the information notice about 12
the decision is given to the approval holder. 13
(2) Subsection (1) does not apply if the approval is earlier suspended or 14
cancelled. 15
5--Dealings affecting approvals 16
Division
Subdivision 1--Changing approvals 17
approval--chief health officer acting on own initiative 18
Changing
29.(1) The chief health officer may decide to change-- 19
(a) details about the proposed private health facility stated in the 20
approval for the proposed facility, including the type of health 21
services proposed to be provided at the proposed facility; or 22
(b) the conditions of an approval under section 23(2), including by 23
imposing additional conditions. 24
(2) However, subsection (1) applies only if the chief health officer 25
considers it necessary or desirable to make the change-- 26
(a) for the proper operation of the proposed facility; or 27
s 30 24 s 30
Private Health Facilities
(b) for the health and wellbeing of patients who may receive health 1
services at the proposed facility. 2
(3) Before deciding to change an approval, the chief health officer must 3
first give the approval holder a written notice (a "notice of intention") 4
stating the following-- 5
(a) the proposed decision; 6
(b) the grounds for the proposed decision; 7
(c) an outline of the facts and circumstances forming the basis for the 8
grounds; 9
(d) an invitation to the approval holder to show within a stated period 10
(the "show cause period") why the proposed decision should 11
not be made. 12
(4) The show cause period must be a period ending at least 21 days after 13
the notice of intention is given to the approval holder. 14
(5) The approval holder may make written representations about the 15
proposed decision to the chief health officer in the show cause period. 16
(6) The chief health officer must consider all written representations 17
made in the show cause period by the authority holder before deciding 18
whether or not to change the approval. 19
(7) If, after giving the approval holder a notice of intention and taking into 20
account any written representations made by the approval holder, the chief 21
health officer decides to change the approval, the chief health officer must 22
immediately give the approval holder an information notice about the 23
decision. 24
(8) The change to the approval takes effect on the day the information 25
notice is given to the approval holder. 26
approval--application by approval holder 27
Changing
30.(1) An approval holder may apply to the chief health officer to 28
change-- 29
(a) details about the proposed private health facility stated in the 30
approval for the proposed facility, including the type of health 31
services proposed to be provided at the proposed facility; or 32
s 31 25 s 32
Private Health Facilities
(b) the conditions of the approval under section 23(2). 1
(2) An application to change an approval must-- 2
(a) be in the approved form; and 3
(b) be accompanied by the fee prescribed under a regulation. 4
information or document to support application to change an 5
Further
approval 6
31.(1) The chief health officer may, by written notice given to an 7
approval holder, require the approval holder to give the chief health officer, 8
within the reasonable time stated in the notice (but not less than 30 days), 9
further information or a document about the application. 10
(2) The information mentioned in subsection (1) must, if the notice 11
requires, be verified by a statutory declaration. 12
(3) The requirement may only relate to information or a document that is 13
necessary and reasonable to help the chief health officer decide the 14
application. 15
(4) A notice under subsection (1) must be given to the approval holder 16
within 60 days after the chief health officer receives the application. 17
(5) If the approval holder fails to comply with the requirement within the 18
stated time, the approval holder is taken to have withdrawn the application. 19
about application to change an approval 20
Decision
32.(1) The chief health officer must consider the application and either 21
grant or refuse the application. 22
(2) The chief health officer may decide to grant the application only if the 23
chief health officer is satisfied-- 24
(a) the approval holder is a suitable person to continue to hold the 25
approval;7 and 26
(b) under the changed approval, the proposed facility, and the health 27
services proposed to be provided at the facility, will comply with 28
7 See part 4 (Suitability of persons to be authority holders).
s 33 26 s 34
Private Health Facilities
the relevant standards. 1
(3) If the chief health officer decides to grant the application, the chief 2
health officer must immediately give the approval holder a written notice (a 3
"change notice") stating the decision. 4
(4) If the chief health officer decides to refuse the application, the chief 5
health officer must immediately give the approval holder an information 6
notice about the decision. 7
(5) A change to the approval takes effect on the day the change notice is 8
given to the approval holder. 9
consideration of application to change an approval 10
Further
33.(1) This section applies if the chief health officer considers more time 11
is needed to decide the application because of the complexity of the issues 12
that need to be considered in deciding the application. 13
(2) The chief health officer may, at any time before the final consideration 14
day, give written notice to the approval holder that-- 15
(a) because of the complexity of the issues, the chief health officer 16
needs more time to decide the application; and 17
(b) the time within which the chief health officer must decide the 18
application is extended to a stated day that is not more than 19
60 days after the final consideration day. 20
(3) In this section-- 21
"final consideration day" means the later of the following days-- 22
(a) the day that is 60 days after the receipt of the application; 23
(b) if further information or a document is required by a notice given 24
under section 31--the day that is 60 days after the information or 25
document is given. 26
to change an approval taken to be refused in certain 27
Application
circumstances 28
34. The chief health officer is taken to have refused the application if the 29
chief health officer has not decided the application by the latest of the 30
s 35 27 s 36
Private Health Facilities
following days-- 1
(a) the day that is 60 days after receiving the application; 2
(b) if further information or a document is required by a notice given 3
under section 31--the day that is 60 days after the information or 4
document is given; 5
(c) if the day for deciding the application is extended under 6
section 33--the extended day; 7
(d) if another day for deciding the application is agreed to by the 8
applicant and the chief health officer--the agreed day. 9
changes to approvals 10
Recording
35.(1) The approval holder must return the approval to the chief health 11
officer within 7 days of receiving the information notice under section 29(7) 12
or the change notice, unless the approval holder has a reasonable excuse. 13
Maximum penalty--10 penalty units. 14
(2) On receiving the approval, the chief health officer must-- 15
(a) amend the approval in an appropriate way and return the amended 16
approval to the approval holder; or 17
(b) issue a replacement approval, incorporating the change, to the 18
approval holder. 19
(3) Failure to record the change by amending the approval, or to issue a 20
replacement approval recording the change, does not affect the validity of 21
the change. 22
2--Other dealings affecting approvals 23
Subdivision
persons taken to be approval holder 24
Surviving
36.(1) This section applies if-- 25
(a) 2 or more individuals jointly are the holders of an approval; and 26
(b) 1 or more, but not all, of the individuals die. 27
(2) The following persons are taken to hold the approval-- 28
s 37 28 s 38
Private Health Facilities
(a) if only 1 individual survives--the surviving individual; 1
(b) if more than 1 individual survives--the surviving individuals 2
jointly. 3
of approvals 4
Surrender
37.(1) An approval holder may surrender the approval by giving written 5
notice to the chief health officer. 6
(2) The surrender of the approval takes effect-- 7
(a) the day the notice is given to the chief health officer; or 8
(b) if a later day is stated in the notice--on the later day. 9
(3) If the approval is surrendered, the person who held the approval 10
must, within 7 days after the surrender takes effect, return the approval to 11
the chief health officer, unless the person has a reasonable excuse. 12
Maximum penalty for subsection (3)--10 penalty units. 13
approvals 14
Replacing
38.(1) An approval holder may apply to the chief health officer to replace 15
the approval if it has been lost, stolen, destroyed or damaged. 16
(2) The chief health officer must consider the application and either grant 17
or refuse the application. 18
(3) The chief health officer must grant the application if the chief health 19
officer is satisfied the approval has been lost, stolen, destroyed or damaged 20
in a way to require its replacement. 21
(4) If the chief health officer decides to grant the application, the chief 22
health officer must, on payment of the fee prescribed under a regulation, 23
issue another approval to the applicant to replace the lost, stolen, destroyed 24
or damaged approval. 25
(5) If the chief health officer decides to refuse the application, the chief 26
health officer must immediately give the applicant an information notice 27
about the decision. 28
s 39 29 s 41
Private Health Facilities
PART 6--LICENCES 1
1--Licences for operation of private health facilities 2
Division
required to operate private health facilities 3
Licences
39. A person must not operate a private health facility unless the person 4
holds a licence for the facility. 5
Maximum penalty--1 000 penalty units. 6
not required to operate certain day hospitals 7
Licences
40.(1) This section applies if-- 8
(a) a licensee operates a private hospital at a place under a licence; and 9
(b) another person operates a day hospital at the place; and 10
(c) in the application for the licence, or an application to change the 11
licence, the licensee has asked for the licence to state that this 12
section applies to the operation of the day hospital; and 13
(d) the licence includes the statement. 14
(2) For this Act, apart from this section-- 15
(a) the operation of the day hospital is part of the licensee's operation 16
of the private hospital; and 17
(b) the other person does not operate the day hospital. 18
2--Applications, and materials to support applications, for 19
Division
licences 20
on application for licence 21
Restriction
41. An application for a licence may only be made by an approval holder. 22
s 42 30 s 44
Private Health Facilities
about applications for licences 1
Requirements
42. An application for a licence must-- 2
(a) be made to the chief health officer; and 3
(b) be in the approved form; and 4
(c) be accompanied by the fee prescribed under a regulation. 5
information or documents to support application for a licence 6
Further
43.(1) The chief health officer may, by written notice given to an 7
applicant for a licence, require the applicant to give the chief health officer, 8
within the reasonable time stated in the notice (but not less than 30 days), 9
further information or a document about the application. 10
(2) The information mentioned in subsection (1) must, if the notice 11
requires, be verified by a statutory declaration. 12
(3) The requirement may only relate to information or a document that is 13
necessary and reasonable to help the chief health officer decide the 14
application. 15
(4) A notice under subsection (1) must be given to the applicant within 16
60 days after the chief health officer receives the application. 17
(5) If the applicant fails to comply with the requirement within the stated 18
time, the applicant is taken to have withdrawn the application. 19
3--Deciding applications for licences 20
Division
about application for a licence 21
Decision
44.(1) The chief health officer must consider the application and either 22
grant or refuse the application. 23
(2) The chief health officer must grant the application if-- 24
(a) the applicant is an approval holder; and 25
(b) the approval and the application apply to the same private health 26
facility; and 27
(c) any conditions on which the approval was issued have been 28
s 45 31 s 45
Private Health Facilities
complied with; and 1
(d) for a facility that has never been occupied, a certificate of 2
classification has been issued for the facility; and 3
(e) for a facility to which paragraph (d) does not apply, the facility 4
complies with the building code; and 5
(f) the chief health officer is satisfied that-- 6
(i) the applicant is a suitable person to hold the licence applied 7
for;8 and 8
(ii) when operational, the facility, and the health services 9
proposed to be provided at the facility, will comply with the 10
relevant standards. 11
(3) If the chief health officer decides to grant the application, the chief 12
health officer must immediately issue the licence to the applicant. 13
(4) If the chief health officer decides to refuse the application, the chief 14
health officer must immediately give the applicant an information notice 15
about the decision. 16
consideration of application for a licence 17
Further
45.(1) This section applies if the chief health officer considers more time 18
is needed to decide the application because of the complexity of the issues 19
that need to be considered in deciding the application. 20
(2) The chief health officer may, at any time before the final consideration 21
day, give written notice to the applicant that-- 22
(a) because of the complexity of the issues, the chief health officer 23
needs more time to decide the application; and 24
(b) the time within which the chief health officer must decide the 25
application is extended to a stated day that is not more than 26
60 days after the final consideration day. 27
(3) In this section-- 28
"final consideration day" means the later of the following days-- 29
8 See part 4 (Suitability of persons to be authority holders).
s 46 32 s 47
Private Health Facilities
(a) the day that is 60 days after receipt of the application; 1
(b) if further information or a document is required by a notice given 2
under section 43--the day that is 60 days after the information or 3
document is given. 4
for licence taken to have been refused in certain 5
Application
circumstances 6
46. The chief health officer is taken to have refused the application if the 7
chief health officer has not decided the application by the latest of the 8
following days-- 9
(a) the day that is 60 days after receiving the application; 10
(b) if further information or a document is required by a notice given 11
under section 43--the day that is 60 days after the information or 12
document is given; 13
(c) if the day for deciding the application is extended under 14
section 45--the extended day; 15
(d) if another day for deciding the application is agreed to by the 16
applicant and the chief health officer--the agreed day. 17
Division 4--Form, conditions and term of licences 18
of licence 19
Form
47.(1) A licence must be in the approved form. 20
(2) A licence must state the following particulars-- 21
(a) the name of the licensee; 22
(b) the day of issue of the licence; 23
(c) the term of the licence; 24
(d) details about the private health facility to which the licence relates, 25
including-- 26
(i) the location of the facility; and 27
(ii) a description of the premises making up the facility; and 28
s 48 33 s 48
Private Health Facilities
(iii) the type of health services to be provided at the facility; 1
(e) the conditions of the licence. 2
3
Example for paragraph (d)(ii)--
4
A floor plan of the premises.
of licence 5
Conditions
48.(1) A licence for a private health facility must be issued on the 6
following conditions-- 7
(a) the licensee must give the chief health officer, within 21 days after 8
a prescribed change, written notice of the prescribed change; 9
(b) within 90 days after the day of issue of the licence, the licensee 10
must start a quality assurance program, conducted by a quality 11
assurance entity, for the facility; 12
(c) within 3 years after the day of issue of the licence, the licensee 13
must receive certification from the quality assurance entity that the 14
facility operates under a quality assurance system; 15
(d) after the certification mentioned in paragraph (c) or subsection (2) 16
is received, the facility must continue to be certified under the 17
program as a facility that operates under a quality assurance 18
system; 19
(e) the licensee must comply with the standards relevant to the 20
facility; 21
(f) the licensee must operate the facility in accordance with the details 22
about the facility stated in the licence, including providing at the 23
facility only the type of health services stated in the licence; 24
(g) the licensee must ensure the premises making up the facility and 25
all equipment, fittings and furnishings in the facility are kept in 26
good repair and operational order; 27
(h) the licensee must not make a prescribed alteration to the facility 28
without the approval of the chief health officer under section 65.9 29
(2) Subsection (1)(b) and (c) do not apply if, when the licence is issued, 30
9 Section 65 (Decision about applications for approval of prescribed alterations)
s 49 34 s 50
Private Health Facilities
the licensee has received certification from a quality assurance entity that the 1
facility operates under a quality assurance system. 2
(3) Subsection (1)(b) does not apply if, when the licence is issued, the 3
licensee has started, but not finished, a quality assurance program for the 4
facility. 5
(4) The chief health officer may issue a licence on additional conditions 6
the chief health officer considers necessary or desirable for-- 7
(a) the proper operation of the facility; or 8
(b) the health and wellbeing of patients who may receive health 9
services at the facility. 10
(5) If the chief health officer decides under subsection (4) to issue a 11
licence on additional conditions, the chief health officer must immediately 12
give the applicant an information notice about the decision. 13
(6) In this section-- 14
"prescribed change" means a change-- 15
(a) in a matter disclosed by the licensee in an application under this 16
Act; and 17
(b) of a kind prescribed under a regulation. 18
of condition 19
Contravention
49.(1) A licensee must not contravene a condition of the licence. 20
Maximum penalty--200 penalty units. 21
(2) To remove doubt, it is declared that the penalty under subsection (1) 22
may be imposed whether or not the licence is cancelled or suspended 23
because of the contravention. 24
of licences 25
Term
50.(1) A licence remains in force for the term stated in the licence. 26
(2) The stated term must not exceed-- 27
(a) if the private health facility to which the licence relates has been 28
certified as operating under a quality assurance system--3 years; 29
s 51 35 s 52
Private Health Facilities
or 1
(b) otherwise--1 year. 2
Division 5--Renewal of licences 3
of licences 4
Renewal
51.(1) The chief health officer may, on application by a licensee, renew 5
the licence. 6
(2) An application for renewal must-- 7
(a) be in the approved form; and 8
(b) be made within the period starting 60 days before the licence 9
expires; and 10
(c) be accompanied by the fee prescribed under a regulation. 11
information or document to support application for renewal 12
Further
52.(1) The chief health officer may, by written notice given to the 13
licensee, require the licensee to give the chief health officer, within the 14
reasonable time stated in the notice (but not less than 30 days), further 15
information or a document about the application. 16
(2) The information mentioned in subsection (1) must, if the notice 17
requires, be verified by a statutory declaration. 18
(3) The requirement may only relate to information or a document that is 19
necessary and reasonable to help the chief health officer decide the 20
application. 21
(4) If the licensee fails to comply with the requirement within the stated 22
time, the licensee is taken to have withdrawn the application. 23
s 53 36 s 54
Private Health Facilities
Division 6--Deciding applications for renewal 1
about application for renewal 2
Decision
53.(1) The chief health officer must consider the application and either 3
grant or refuse the application. 4
(2) The chief health officer may grant the application only if the chief 5
health officer is satisfied-- 6
(a) the licensee is a suitable person to continue to hold the licence;10 7
and 8
(b) the private health facility to which the licence relates, and the 9
health services provided at the facility, comply with the relevant 10
standards. 11
(3) If the chief health officer decides to grant the application, the chief 12
health officer must immediately issue a new licence to the licensee. 13
(4) If the chief health officer decides to refuse the application, the chief 14
health officer must immediately give the licensee an information notice 15
about the decision. 16
continues in force while application is considered 17
Licence
54.(1) If a licensee applies for a renewal under section 51, the licence 18
continues in force from the day that it would, apart from this section, have 19
expired until-- 20
(a) if the application is granted--the new licence is issued to the 21
licensee under section 53(3); or 22
(b) if the application is withdrawn--the day the application is 23
withdrawn; or 24
(c) if the application is refused--the day the information notice about 25
the decision is given to the licensee. 26
(2) Subsection (1) does not apply if the licence is earlier suspended or 27
cancelled. 28
10 See part 4 (Suitability of persons to be authority holders).
s 55 37 s 55
Private Health Facilities
7--Dealings affecting licences 1
Division
Subdivision 1--Changing licences 2
licence--chief health officer acting on own initiative 3
Changing
55.(1) The chief health officer may decide to change-- 4
(a) details about the private health facility stated in the licence for the 5
facility, including the type of health services provided at the 6
facility; or 7
(b) the conditions of a licence under section 48(4), including by 8
imposing additional conditions. 9
(2) However, subsection (1) applies only if the chief health officer 10
considers it necessary or desirable to make the change-- 11
(a) for the proper operation of the private health facility to which the 12
licence relates; or 13
(b) for the health and wellbeing of patients who are receiving, or may 14
receive, health services at the facility. 15
(3) Before deciding to change the licence, the chief health officer must 16
first give the licensee a written notice (a "notice of intention") stating the 17
following-- 18
(a) the proposed decision; 19
(b) the grounds for the proposed decision; 20
(c) an outline of the facts and circumstances forming the basis for the 21
grounds; 22
(d) an invitation to the licensee to show within a stated period (the 23
"show cause period") why the proposed decision should not be 24
made. 25
(4) The show cause period must be a period ending at least 21 days after 26
the notice of intention is given to the licensee. 27
(5) The licensee may make written representations about the proposed 28
decision to the chief health officer in the show cause period. 29
s 56 38 s 57
Private Health Facilities
(6) The chief health officer must consider all written representations 1
made in the show cause period by the licensee before deciding whether or 2
not to change the licence. 3
(7) If, after giving the licensee a notice of intention and taking into 4
account any written representations made by the licensee, the chief health 5
officer decides to change the licence, the chief health officer must 6
immediately give the licensee an information notice about the decision. 7
(8) The change to the licence takes effect on the day the information 8
notice is given to the licensee. 9
may apply to change a licence 10
Licensee
56.(1) A licensee may apply to the chief health officer to change-- 11
(a) details about the private health facility stated in the licence for the 12
facility, including the type of health services provided at the 13
facility; or 14
(b) the conditions of the licence under section 48(4). 15
(2) An application to change a licence must-- 16
(a) be in the approved form; and 17
(b) be accompanied by the fee prescribed under a regulation. 18
information or document to support application to change a 19
Further
licence 20
57.(1) The chief health officer may, by written notice given to the 21
licensee, require the licensee to give the chief health officer, within the 22
reasonable time stated in the notice (but not less than 30 days), further 23
information or a document about the application. 24
(2) The information mentioned in subsection (1) must, if the notice 25
requires, be verified by a statutory declaration. 26
(3) The requirement may only relate to information or a document that is 27
necessary and reasonable to help the chief health officer decide the 28
application. 29
(4) A notice under subsection (1) must be given to the licensee within 30
s 58 39 s 59
Private Health Facilities
60 days after the chief health officer receives the application. 1
(5) If the licensee fails to comply with the requirement within the stated 2
time, the licensee is taken to have withdrawn the application. 3
whether to change licence 4
Decision
58.(1) The chief health officer must consider the application and either 5
grant or refuse the application. 6
(2) The chief health officer may decide to grant the application only if the 7
chief health officer is satisfied-- 8
(a) the licensee is a suitable person to continue to hold the licence;11 9
and 10
(b) under the changed licence, the facility, and the provision of health 11
services at the facility, will comply with the relevant standards. 12
(3) If the chief health officer decides to grant the application, the chief 13
health officer must immediately give the licensee a written notice (a 14
"change notice") stating the decision. 15
(4) If the chief health officer decides to refuse the application, the chief 16
health officer must immediately give the licensee an information notice 17
about the decision. 18
(5) A change to the licence takes effect on the day the change notice is 19
given to the licensee. 20
consideration of application to change a licence 21
Further
59.(1) This section applies if the chief health officer considers more time 22
is needed to decide the application because of the complexity of the issues 23
that need to be considered in deciding the application. 24
(2) The chief health officer may, at any time before the final consideration 25
day, give written notice to the licensee that-- 26
(a) because of the complexity of the issues, the chief health officer 27
needs more time to decide the application; and 28
11 See part 4 (Suitability of persons to be authority holders).
s 60 40 s 61
Private Health Facilities
(b) the time within which the chief health officer must decide the 1
application is extended to a stated day that is not more than 2
60 days after the final consideration day. 3
(3) In this section-- 4
"final consideration day" means the later of the following days-- 5
(a) the day that is 60 days after the receipt of the application; 6
(b) if further information or a document is required by a notice given 7
under section 57--the day that is 60 days after the information or 8
document is given. 9
to change a licence taken to be refused in certain 10
Application
circumstances 11
60. The chief health officer is taken to have refused to grant the 12
application if the chief health officer has not decided the application by the 13
latest of the following days-- 14
(a) the day that is 60 days after receiving the application; 15
(b) if further information or a document is required by a notice given 16
under section 57--the day that is 60 days after the information or 17
document is given; 18
(c) if the day for deciding the application is extended under 19
section 59--the extended day; 20
(d) if another day for deciding the application is agreed to by the 21
applicant and the chief health officer--the agreed day. 22
change of licence 23
Recording
61.(1) The licensee must return the licence to the chief health officer 24
within 7 days of receiving the information notice under section 55(7) or the 25
change notice, unless the licensee has a reasonable excuse. 26
Maximum penalty--10 penalty units. 27
(2) On receiving the licence, the chief health officer must-- 28
(a) amend the licence in an appropriate way and return the amended 29
licence to the licensee; or 30
s 62 41 s 64
Private Health Facilities
(b) issue a replacement licence, incorporating the change, to the 1
licensee. 2
(3) Failure to record the change by amending the licence, or to issue a 3
replacement licence recording the change, does not affect the validity of the 4
change. 5
Subdivision 2--Making prescribed alterations to private health facilities 6
of "prescribed alteration" 7
Meaning
62.(1) A "prescribed alteration", to a private health facility, is-- 8
(a) a change in the purpose for which part of the facility is used; or 9
(b) a change made to the physical structure of the facility. 10
11
Example for paragraph (a)--
12
A waiting room is converted to an operating theatre.
(2) However, a prescribed alteration does not include a change to the 13
facility for which a development permit under the Integrated Planning 14
Act 1997 is required. 15
about applications for approval of prescribed 16
Requirements
alterations 17
63. An application for approval of a prescribed alteration must-- 18
(a) be made to the chief health officer; and 19
(b) be in the approved form; and 20
(c) be accompanied by the fee prescribed under a regulation. 21
information or document to support applications for 22
Further
approval of prescribed alterations 23
64.(1) The chief health officer may, by written notice to a licensee, 24
require the licensee to give the chief health officer, within the reasonable 25
time stated in the notice (but not less than 30 days), further information or a 26
document about the application. 27
s 65 42 s 66
Private Health Facilities
(2) The information mentioned in subsection (1) must, if the notice 1
requires, be verified by a statutory declaration. 2
(3) The requirement may only relate to information or a document that is 3
necessary and reasonable to help the chief health officer decide the 4
application. 5
(4) A notice under subsection (1) must be given to the licensee within 6
60 days after the chief health officer receives the application. 7
(5) If the licensee fails to comply with the requirement within the stated 8
time, the licensee is taken to have withdrawn the application. 9
about applications for approval of prescribed alterations 10
Decision
65.(1) The chief health officer must consider the application and either 11
grant or refuse the application. 12
(2) The chief health officer may grant the application only if the chief 13
health officer is satisfied that, after making the prescribed alteration, the 14
facility, and the provision of health services at the facility, will comply with 15
the relevant standards. 16
(3) If the chief health officer decides to grant the application, the chief 17
health officer must immediately give the licensee a written notice stating the 18
decision. 19
(4) If the chief health officer decides to refuse the application, the chief 20
health officer must immediately give the applicant an information notice 21
about the decision. 22
for approval of a prescribed alteration taken to be refused 23
Application
in certain circumstances 24
66. The chief health officer is taken to have refused the application if the 25
chief health officer has not decided the application by the latest of the 26
following days-- 27
(a) the day that is 60 days after receiving the application; 28
(b) if further information or a document is required by a notice given 29
under section 64--the day that is 60 days after the information or 30
document is given; 31
s 67 43 s 69
Private Health Facilities
(c) if another day for deciding the application is agreed to by the 1
applicant and the chief health officer--the agreed day. 2
3--Transfers of licences 3
Subdivision
of licence 4
Transfer
67. A licensee may transfer the licence only if the chief health officer 5
grants an application to transfer the licence. 6
about transfer applications 7
Requirements
68.(1) An application to transfer a licence may be made only by the 8
proposed transferee of the licence. 9
(2) The application must-- 10
(a) be made to the chief health officer; and 11
(b) be in the approved form; and 12
(c) be accompanied by-- 13
(i) a written consent in the approved form signed by the 14
licensee; and 15
(ii) the fee prescribed under a regulation. 16
information or documents to support transfer application 17
Further
69.(1) The chief health officer may, by written notice given to an 18
applicant to transfer a licence, require the applicant to give the chief health 19
officer, within the reasonable time stated in the notice (but not less than 20
30 days), further information or a document about the application. 21
(2) The information mentioned in subsection (1) must, if the notice 22
requires, be verified by a statutory declaration. 23
(3) The requirement may only relate to information or a document that is 24
necessary and reasonable to help the chief health officer decide the 25
application. 26
(4) A notice under subsection (1) must be given to the applicant within 27
s 70 44 s 71
Private Health Facilities
60 days after the chief health officer receives the application. 1
(5) If the applicant fails to comply with the requirement within the stated 2
time, the applicant is taken to have withdrawn the application. 3
about transfer application 4
Decision
70.(1) The chief health officer must consider the application and either 5
grant or refuse the application. 6
(2) The chief health officer may grant the application only if the chief 7
health officer is satisfied the proposed transferee is a suitable person to hold 8
the licence.12 9
(3) If the chief health officer decides to grant the application, the chief 10
health officer must give the transferee and the licensee written notice (a 11
"transfer notice") stating the decision. 12
(4) If the chief health officer decides to refuse the application, the chief 13
health officer must give the proposed transferee and the licensee an 14
information notice about the decision. 15
(5) A transfer of a licence-- 16
(a) takes effect on the day the transfer notice for the licence is given to 17
the transferee; or 18
(b) if a later day of effect is stated in the notice--on the later day. 19
consideration of application to transfer a licence 20
Further
71.(1) This section applies if the chief health officer considers more time 21
is needed to decide the application because of the complexity of the issues 22
that need to be considered in deciding the application. 23
(2) The chief health officer may, at any time before the final consideration 24
day, give written notice to the applicant that-- 25
(a) because of the complexity of the issues, the chief health officer 26
needs more time to decide the application; and 27
(b) the time within which the chief health officer must decide the 28
12 See part 4 (Suitability of persons to be authority holders).
s 72 45 s 73
Private Health Facilities
application is extended to a stated day that is not more than 1
60 days after the final consideration day. 2
(3) In this section-- 3
"final consideration day" means the later of the following days-- 4
(a) the day that is 60 days after receipt of the application; 5
(b) if further information or a document is required by a notice given 6
under section 69--the day that is 60 days after the information or 7
document is given. 8
to transfer a licence taken to be refused in certain 9
Application
circumstances 10
72. The chief health officer is taken to have refused the application if the 11
chief health officer has not decided the application by the latest of the 12
following days-- 13
(a) the day that is 60 days after receiving the application; 14
(b) if further information or a document is required by a notice given 15
under section 69--the day that is 60 days after the information or 16
document is given; 17
(c) if the day for deciding the application is extended under 18
section 71--the extended day; 19
(d) if another day for deciding the application is agreed to by the 20
applicant and the chief health officer--the agreed day. 21
transfer of licence 22
Recording
73.(1) A licensee must return the licence to the chief health officer within 23
7 days of receiving a transfer notice, unless the licensee has a reasonable 24
excuse. 25
Maximum penalty--10 penalty units. 26
(2) On receiving the licence, the chief health officer must-- 27
(a) amend the licence in an appropriate way and give the amended 28
licence to the transferee; or 29
s 74 46 s 76
Private Health Facilities
(b) issue a replacement licence in the name of the transferee. 1
(3) Failure to record a transfer by amending the licence, or to issue a 2
replacement licence in the name of the transferee, does not affect the validity 3
of the transfer. 4
4--Other dealings with licences 5
Subdivision
have no effect 6
Encumbrances
74. An instrument or document purporting to encumber a licence is of no 7
effect. 8
of sole licensee 9
Death
75.(1) This section applies if only 1 individual is the licensee of a licence. 10
(2) If the licensee dies, the personal representative of the licensee's estate 11
is taken to be the licensee for-- 12
(a) 6 months from the day of the licensee's death; or 13
(b) a longer period the chief health officer decides, on written 14
application made by the personal representative. 15
(3) The chief health officer may act under subsection (2)(b) only if-- 16
(a) the chief health officer has received written notice from the 17
personal representative that a person intends to apply to transfer 18
the licence; and 19
(b) the chief health officer reasonably believes that it is appropriate to 20
extend the period for which the personal representative is taken to 21
be the licensee to enable an application to transfer the licence to be 22
made and decided. 23
(4) Also, subsection (2) applies subject to any transfer, suspension, 24
cancellation, surrender or expiry of the licence under this Act. 25
persons taken to be licensee 26
Surviving
76.(1) This section applies if-- 27
s 77 47 s 79
Private Health Facilities
(a) 2 or more individuals jointly are the licensee of a licence; and 1
(b) 1 or more, but not all, of the individuals die. 2
(2) The following persons are taken to hold the licence-- 3
(a) if only 1 individual survives--the surviving individual; 4
(b) if more than 1 individual survives--the surviving individuals 5
jointly. 6
of licences 7
Surrender
77.(1) A licensee may surrender a licence by giving the chief health 8
officer written notice of the surrender. 9
(2) The surrender of the licence takes effect-- 10
(a) 30 days after the day the notice is given to the chief health officer; 11
or 12
(b) if a later day of effect is stated in the notice--on the later day. 13
(3) If the licence is surrendered, the person who held the licence must, 14
within 7 days after the surrender takes effect, return the licence to the chief 15
health officer, unless the person has a reasonable excuse. 16
Maximum penalty for subsection (3)--10 penalty units. 17
before operation of facility stops 18
Surrender
78. A licensee must not stop operating a private health facility unless the 19
licensee has surrendered the licence and the surrender of the licence has 20
taken effect, unless the licensee has a reasonable excuse. 21
Maximum penalty--50 penalty units. 22
licences 23
Replacing
79.(1) A licensee may apply to the chief health officer to replace the 24
licence if it has been lost, stolen, destroyed or damaged. 25
(2) The chief health officer must consider the application and either grant 26
or refuse the application. 27
s 80 48 s 80
Private Health Facilities
(3) The chief health officer must grant the application if the chief health 1
officer is satisfied the licence has been lost, stolen, destroyed or damaged in 2
a way to require its replacement. 3
(4) If the chief health officer decides to grant the application, the chief 4
health officer must, on payment of the fee prescribed under a regulation, 5
issue another licence to the applicant to replace the lost, stolen, destroyed or 6
damaged licence. 7
(5) If the chief health officer decides to refuse the application, the chief 8
health officer must immediately give the applicant an information notice 9
about the decision. 10
PART 7--SUSPENSION AND CANCELLATION OF 11
AUTHORITIES 12
for suspension or cancellation 13
Grounds
80.(1) A ground for suspending or cancelling an authority exists if the 14
authority holder-- 15
(a) is not a suitable person to continue to hold an authority of that 16
kind;13 or 17
(b) contravenes a provision of this Act or a condition of the authority 18
in a way that may result in the health and wellbeing of a patient 19
being affected in an adverse and material way; or 20
(c) is affected by bankruptcy action, or by control action under the 21
Corporations Law. 22
(2) Also, a ground for suspending or cancelling an authority exists if the 23
authority was issued because of a materially false or misleading 24
representation or declaration. 25
(3) For subsection (1)(c), an authority holder is affected by bankruptcy 26
action if the authority holder-- 27
13 See part 4 (Suitability of persons to be authority holders).
s 81 49 s 81
Private Health Facilities
(a) is bankrupt; or 1
(b) has compounded with creditors; or 2
(c) has otherwise taken, or applied to take, advantage of any law 3
about bankruptcy. 4
(4) For subsection (1)(c), an authority holder is affected by control action 5
under the Corporations Law if the authority holder-- 6
(a) has executed a deed of company arrangement under the law; or 7
(b) is the subject of a winding-up (whether voluntarily or under a 8
court order) under the law; or 9
(c) is the subject of an appointment of an administrator, liquidator, 10
receiver or receiver and manager under the law. 11
cause notice 12
Show
81.(1) This section applies if-- 13
(a) the chief health officer believes a ground exists to suspend or 14
cancel an authority; and 15
(b) the chief health officer-- 16
(i) has not given, and does not propose to give, the authority 17
holder a compliance notice under section 125(2) to rectify a 18
matter to which the ground relates; or 19
(ii) has given the authority holder a compliance notice under 20
section 125(2) to rectify a matter to which the ground relates 21
and the authority holder-- 22
(A) fails to comply with the compliance notice within the 23
period stated in the notice; and 24
(B) does not have a reasonable excuse for failing to comply 25
with the notice. 26
(2) The chief health officer must give the authority holder a written notice 27
(a "show cause notice") stating the following-- 28
(a) the action (the "proposed action") the chief health officer 29
proposes taking under this part; 30
s 82 50 s 84
Private Health Facilities
(b) the grounds for the proposed action; 1
(c) an outline of the facts and circumstances forming the basis for the 2
grounds; 3
(d) if the proposed action is suspension of the authority, stating the 4
proposed suspension period; 5
(e) an invitation to the authority holder to show within a stated period 6
(the "show cause period") why the proposed action should not 7
be taken. 8
(3) The show cause period must be a period ending at least 21 days after 9
the show cause notice is given to the authority holder. 10
(4) The authority holder may make written representations about the 11
proposed action to the chief health officer in the show cause period. 12
of representations 13
Consideration
82. The chief health officer must consider all written representations (the 14
"accepted representations") made in the show cause period by the 15
authority holder. 16
show cause process without further action 17
Ending
83.(1) This section applies if, after considering the accepted 18
representations for the show cause notice, the chief health officer no longer 19
believes a ground exists to suspend or cancel the authority. 20
(2) The chief health officer must not take further action about the show 21
cause notice. 22
(3) The chief health officer must, immediately after making the decision, 23
give the authority holder written notice that no further action about the show 24
cause notice is to be taken. 25
and cancellation of authorities 26
Suspension
84.(1) This section applies if after considering the accepted 27
representations for the show cause notice, the chief health officer-- 28
(a) still believes a ground exists to suspend or cancel the authority; 29
s 85 51 s 85
Private Health Facilities
and 1
(b) believes suspension or cancellation of the authority is warranted. 2
(2) This section also applies if there are no accepted representations for 3
the show cause notice. 4
(3) The chief health officer may-- 5
(a) if the proposed action stated in the show cause notice was to 6
suspend the authority for a stated period--suspend the authority 7
for not longer than the stated period; or 8
(b) if the proposed action stated in the show cause notice was to 9
cancel the authority--either cancel the authority or suspend it for a 10
period. 11
(4) The chief health officer must immediately give an information notice 12
about the decision to the authority holder. 13
(5) The decision takes effect-- 14
(a) on the day the information notice is given to the authority holder; 15
or 16
(b) if a later day is stated in the notice--on the later day. 17
(6) If the authority is cancelled or suspended, the person who held the 18
authority must, within 7 days after receiving the information notice, return 19
the authority to the chief health officer, unless the person has a reasonable 20
excuse. 21
Maximum penalty--10 penalty units. 22
(7) The chief health officer must, immediately after the suspension stops 23
operating, give to the authority holder the authority that was returned to the 24
chief health officer under subsection (6). 25
suspension of licence 26
Immediate
85.(1) The chief health officer may suspend a licence immediately if the 27
chief health officer believes-- 28
(a) a ground exists to suspend or cancel the licence; and 29
(b) the circumstances are of a nature that it is imperative to suspend 30
the licence immediately to ensure the health and wellbeing of 31
s 86 52 s 86
Private Health Facilities
patients are not affected in an adverse and material way. 1
(2) The suspension-- 2
(a) must be effected by an information notice given to the licensee 3
with a show cause notice; and 4
(b) operates immediately the notices are given; and 5
(c) continues to operate until the earliest of the following occurs-- 6
(i) the chief health officer cancels the remaining period of the 7
suspension; 8
(ii) the show cause notice is finally dealt with; 9
(iii) 60 days have passed since the notices were given to the 10
licensee. 11
(3) If the licence is suspended, the person who held the licence must, 12
within 7 days after receiving the notices, return the licence to the chief health 13
officer, unless the person has a reasonable excuse. 14
Maximum penalty--10 penalty units. 15
(4) The chief health officer must, immediately after the suspension stops 16
operating, give to the licensee the licence that was returned to the chief health 17
officer under subsection (3). 18
or reduction of period of suspension of authority 19
Cancellation
86.(1) At any time a suspension of an authority is in force, the chief 20
health officer may, for any reason the chief health officer considers 21
appropriate-- 22
(a) cancel the remaining period of the suspension; or 23
(b) reduce the remaining period of the suspension. 24
(2) The chief health officer must immediately give to the authority 25
holder-- 26
(a) written notice of the decision; and 27
(b) the authority that was returned by the authority holder to the chief 28
health officer under section 84(6). 29
s 87 53 s 89
Private Health Facilities
PART 8--INVESTIGATION AND ENFORCEMENT 1
1--Authorised persons 2
Division
and qualifications 3
Appointment
87.(1) The chief health officer may appoint a person, other than a police 4
officer, as an authorised person. 5
(2) The chief health officer may appoint a person as an authorised person 6
only if the chief health officer considers the person has the necessary 7
expertise or experience to be an authorised person. 8
unctions and powers 9
F
88.(1) An authorised person has the functions of conducting 10
investigations and inspections to monitor and enforce compliance with this 11
Act. 12
(2) An authorised person has the powers given under this or another Act. 13
(3) An authorised person is subject to the directions of the chief health 14
officer in exercising the powers. 15
(4) An authorised person's powers may be limited-- 16
(a) under a condition of appointment; or 17
(b) by written notice given by the chief health officer to the authorised 18
person. 19
conditions 20
Appointment
89.(1) An authorised person holds office on the conditions stated in the 21
instrument of appointment. 22
(2) An authorised person ceases holding office-- 23
(a) if the appointment provides for a term of appointment--at the end 24
of the term; or 25
(b) if the conditions of appointment provide--on ceasing to hold 26
another office (the "main office") stated in the appointment 27
s 90 54 s 92
Private Health Facilities
conditions. 1
(3) An authorised person may resign by signed notice of resignation 2
given to the chief health officer. 3
(4) However, an authorised person may not resign from the office of 4
authorised person (the "secondary office") if a term of the authorised 5
person's employment to the main office requires the authorised person to 6
hold the secondary office. 7
cards 8
Identity
90.(1) The chief health officer must give each authorised person an 9
identity card. 10
(2) The identity card must-- 11
(a) contain a recent photograph of the authorised person; and 12
(b) be signed by the authorised person; and 13
(c) include an expiry date; and 14
(d) identify the person as an authorised person under this Act. 15
to return identity card 16
Failure
91. A person who ceases to be an authorised person must return the 17
person's identity card to the chief health officer within 7 days after ceasing 18
to be an authorised person, unless the person has a reasonable excuse. 19
Maximum penalty--10 penalty units. 20
or display of identity card 21
Production
92.(1) An authorised person may exercise a power in relation to someone 22
else (the "other person") only if the authorised person-- 23
(a) first produces the authorised person's identity card for the other 24
person's inspection; or 25
(b) has the identity card displayed so it is clearly visible to the other 26
person. 27
(2) However, if for any reason it is not practicable to comply with 28
s 93 55 s 93
Private Health Facilities
subsection (1) before exercising the power, the authorised person must 1
produce the identity card for the other person's inspection at the first 2
reasonable opportunity. 3
Division 2--Powers of authorised persons 4
Subdivision 1--Power to enter places 5
to enter places 6
Power
93.(1) An authorised person may enter a place if-- 7
(a) its occupier consents to the entry; or 8
(b) it is a public place and the entry is made when it is open to the 9
public; or 10
(c) the entry is authorised by a warrant; or 11
(d) it is a private health facility to which a licence relates and the entry 12
is made when the facility is open for business or otherwise open 13
for entry. 14
(2) For the purpose of asking the occupier of a place for consent to enter, 15
an authorised person may, without the occupier's consent or a warrant-- 16
(a) enter land around premises at the place to an extent that is 17
reasonable to contact the occupier; or 18
(b) enter part of the place the authorised person reasonably considers 19
members of the public ordinarily are allowed to enter when they 20
wish to contact the occupier. 21
(3) In subsection (1)(d)-- 22
"when the facility is open for business" includes when health services are 23
being provided at the facility. 24
s 94 56 s 94
Private Health Facilities
2--Procedure for entry 1
Subdivision
with consent 2
Entry
94.(1) This section applies if an authorised person intends to ask an 3
occupier of a place to consent to the authorised person or another authorised 4
person entering the place under section 93(1)(a). 5
(2) Before asking for the consent, the authorised person must tell the 6
occupier-- 7
(a) the purpose of the entry; and 8
(b) that the occupier is not required to consent. 9
(3) If the consent is given, the authorised person may ask the occupier to 10
sign an acknowledgment of the consent. 11
(4) The acknowledgment must state-- 12
(a) the occupier has been told-- 13
(i) the purpose of the entry; and 14
(ii) that the occupier is not required to consent; and 15
(b) the purpose of the entry; and 16
(c) the occupier gives the authorised person consent to enter the place 17
and exercise powers under this division; and 18
(d) the time and date the consent was given. 19
(5) If the occupier signs the acknowledgment, the authorised person must 20
immediately give a copy to the occupier. 21
(6) A court must find the occupier of a place did not consent to an 22
authorised person entering the place under this division if-- 23
(a) an issue arises in a proceeding before the court whether the 24
occupier of the place consented to the entry under 25
section 93(1)(a); and 26
(b) an acknowledgment mentioned in subsection (4) is not produced 27
in evidence for the entry; and 28
(c) it is not proved by the person relying on the lawfulness of the 29
entry that the occupier consented to the entry. 30
s 95 57 s 96
Private Health Facilities
for warrant 1
Application
95.(1) An authorised officer may apply to a magistrate for a warrant for a 2
place. 3
(2) The application must be sworn and state the grounds on which the 4
warrant is sought. 5
(3) The magistrate may refuse to consider the application until the 6
authorised person gives the magistrate all the information the magistrate 7
requires about the application in the way the magistrate requires. 8
9
Example--
10
The magistrate may require additional information supporting the application to be
11
given by statutory declaration.
of warrant 12
Issue
96.(1) The magistrate may issue a warrant only if the magistrate is 13
satisfied there are reasonable grounds for suspecting-- 14
(a) there is a particular thing or activity (the "evidence") that may 15
provide evidence of an offence against this Act; and 16
(b) the evidence is at the place, or, within the next 7 days, may be at 17
the place. 18
(2) The warrant must state-- 19
(a) that a stated authorised person may, with necessary and 20
reasonable help and force-- 21
(i) enter the place and any other place necessary for the entry; 22
and 23
(ii) exercise the authorised person's powers under this division; 24
and 25
(b) the offence for which the warrant is sought; and 26
(c) the evidence that may be seized under the warrant; and 27
(d) the hours of the day or night when the place may be entered; and 28
(e) the date, within 14 days after the warrant's issue, the warrant 29
ends. 30
s 97 58 s 97
Private Health Facilities
warrants 1
Special
97.(1) An authorised person may apply for a warrant (a "special 2
warrant") by phone, fax, radio or another form of communication if the 3
authorised person considers it necessary because of-- 4
(a) urgent circumstances; or 5
(b) other special circumstances, including, for example, the 6
authorised person's remote location. 7
(2) Before applying for the special warrant, the authorised person must 8
prepare an application stating the grounds on which the warrant is sought. 9
(3) The authorised person may apply for the special warrant before the 10
application is sworn. 11
(4) After issuing the special warrant, the magistrate must promptly fax a 12
copy (a "facsimile warrant") to the authorised person if it is reasonably 13
practicable to fax the copy. 14
(5) If it is not reasonably practicable to fax a copy to the authorised 15
person-- 16
(a) the magistrate must tell the authorised person-- 17
(i) what the terms of the special warrant are; and 18
(ii) the date and time the special warrant is issued; and 19
(b) the authorised person must complete a form of warrant (a 20
"warrant form") and write on it-- 21
(i) the magistrate's name; and 22
(ii) the date and time the magistrate issued the special warrant; 23
and 24
(iii) the terms of the special warrant. 25
(6) The facsimile warrant, or the warrant form properly completed by the 26
authorised person, authorises the entry and the exercise of the other powers 27
stated in the special warrant issued. 28
(7) The authorised person must, at the first reasonable opportunity, send 29
to the magistrate-- 30
(a) the sworn application; and 31
s 98 59 s 98
Private Health Facilities
(b) if the authorised person completed a warrant form--the 1
completed warrant form. 2
(8) On receiving the documents, the magistrate must attach them to the 3
special warrant. 4
(9) A court must find the exercise of the power by an authorised person 5
was not authorised by a special warrant if-- 6
(a) an issue arises in a proceeding before the court whether the 7
exercise of the power was authorised by a special warrant 8
mentioned in subsection (1); and 9
(b) the special warrant is not produced in evidence; and 10
(c) it is not proved by the person relying on the lawfulness of the 11
entry that the authorised person obtained the special warrant. 12
before entry 13
Warrants--procedure
98.(1) This section applies if an authorised person named in a special 14
warrant issued under this division for a place is intending to enter the place 15
under the warrant. 16
(2) Before entering the place, the authorised person must do or make a 17
reasonable attempt to do the following things-- 18
(a) identify himself or herself to a person present at the place who is 19
an occupier of the place by producing the authorised person's 20
identity card or a copy of another document evidencing the 21
authorised person's appointment; 22
(b) give the person a copy of the warrant or, if the entry is authorised 23
by a facsimile warrant or warrant form mentioned in 24
section 97(6), a copy of the facsimile warrant or warrant form; 25
(c) tell the person the authorised person is permitted by the warrant to 26
enter the place; 27
(d) give the person an opportunity to allow the authorised person 28
immediate entry to the place without using force. 29
(3) However, the authorised person need not comply with subsection (2) 30
if the authorised person believes on reasonable grounds that immediate 31
s 99 60 s 99
Private Health Facilities
entry to the place is required to ensure the effective execution of the warrant 1
is not frustrated. 2
Subdivision 3--Powers after entry 3
powers after entering places 4
General
99.(1) This section applies to an authorised person who enters a place. 5
(2) However, if an authorised person enters a place to get the occupier's 6
consent to enter the place, this section applies to the authorised person only 7
if the consent is given or the entry is otherwise authorised. 8
(3) For monitoring or enforcing compliance with this Act, the authorised 9
person may-- 10
(a) search any part of the place; or 11
(b) inspect, measure, test, photograph or film any part of the place or 12
anything at the place; or 13
(c) take a thing, or a sample of or from a thing, at the place for 14
analysis or testing; or 15
(d) copy a document at the place; or 16
(e) take into or onto the place any person, equipment and materials 17
the authorised person reasonably requires for the exercise of a 18
power under this division; or 19
(f) require the occupier of the place, or a person at the place, to give 20
the authorised person reasonable help to exercise the authorised 21
person's powers under paragraphs (a) to (e); or 22
(g) require the occupier of a place, or a person at the place, to give the 23
authorised person information to help the authorised person 24
ascertain whether the Act is being complied with. 25
(4) When making a requirement mentioned in subsection (3)(f) or (g), 26
the authorised person must warn the person it is an offence to fail to comply 27
with the requirement, unless the person has a reasonable excuse. 28
s 100 61 s 103
Private Health Facilities
of general powers 1
Exercise
100. When entering a place to exercise powers for monitoring or 2
enforcing compliance with this Act, an authorised person must not do 3
anything that may adversely affect the health or physical privacy of a person 4
in the place. 5
6
Example of how a person's physical privacy may be adversely affected--
7
Entering a room while a person is being examined by a medical practitioner.
to help authorised person 8
Failure
101.(1) A person required to give reasonable help under section 99(3)(f) 9
must comply with the requirement, unless the person has a reasonable 10
excuse. 11
Maximum penalty--50 penalty units. 12
(2) If the requirement is to be complied with by an individual giving 13
information, or producing a document, it is a reasonable excuse for the 14
individual not to comply with the requirement that complying with the 15
requirement may tend to incriminate the individual. 16
to give information 17
Failure
102.(1) A person of whom a requirement is made under section 99(3)(g) 18
must comply with the requirement, unless the person has a reasonable 19
excuse. 20
Maximum penalty--50 penalty units. 21
(2) It is a reasonable excuse for an individual not to comply with the 22
requirement that complying with the requirement may tend to incriminate 23
the individual. 24
4--Power to seize evidence 25
Subdivision
evidence at a place that may be entered without consent or 26
Seizing
warrant 27
103. An authorised person who enters a place that may be entered under 28
s 104 62 s 105
Private Health Facilities
this division without the consent of the occupier and without a warrant, may 1
seize a thing at the place if the authorised person reasonably believes the 2
thing is evidence of an offence against this Act. 3
evidence at place that may only be entered with consent or 4
Seizing
warrant 5
104.(1) This section applies if-- 6
(a) an authorised person is authorised to enter a place under this 7
division only with the consent of the occupier or a warrant; and 8
(b) the authorised person enters the place after obtaining the necessary 9
consent or warrant. 10
(2) If the authorised person enters the place with the occupier's consent, 11
the authorised person may seize a thing at the place if-- 12
(a) the authorised person reasonably believes the thing is evidence of 13
an offence against this Act; and 14
(b) seizure of the thing is consistent with the purpose of entry as told 15
to the occupier when asking for the occupier's consent. 16
(3) If the authorised person enters the place with a warrant, the authorised 17
person may seize the evidence for which the warrant was issued. 18
(4) The authorised person may seize anything else at the place if the 19
authorised person reasonably believes-- 20
(a) the thing is evidence of an offence against this Act; and 21
(b) the seizure is necessary to prevent the thing being-- 22
(i) hidden, lost or destroyed; or 23
(ii) used to continue, or repeat, the offence. 24
(5) Also, the authorised person may seize a thing at the place if the 25
authorised person reasonably believes it has just been used in committing an 26
offence against this Act. 27
seized things 28
Securing
105. Having seized a thing, an authorised person may-- 29
s 106 63 s 107
Private Health Facilities
(a) move the thing from the place where it was seized (the "place of 1
seizure"); or 2
(b) leave the thing at the place of seizure but take reasonable action to 3
restrict access to it; or 4
(c) if the thing is equipment--make it inoperable. 5
6
Examples of restricting access to a thing--
7
1. Sealing a thing and marking it to show access to it is restricted.
8
2. Sealing the entrance to a room where the thing is situated and marking it to
9
show access to it is restricted.
10
Example of making equipment inoperable--
11
Dismantling equipment or removing a component of equipment without which the
12
equipment is not capable of being used.
with seized things 13
Tampering
106.(1) If an authorised person restricts access to a seized thing, a person 14
must not tamper, or attempt to tamper, with the thing, or something 15
restricting access to the thing, without an authorised person's approval. 16
Maximum penalty--100 penalty units. 17
(2) If an authorised person makes seized equipment inoperable, a person 18
must not tamper, or attempt to tamper, with the equipment, without an 19
authorised person's approval. 20
Maximum penalty for subsection (2)--100 penalty units. 21
to support seizure 22
Powers
107.(1) To enable a thing to be seized, an authorised person may require 23
the person in control of it-- 24
(a) to take it to a stated reasonable place by a stated reasonable time; 25
and 26
(b) if necessary, to remain in control of it at the stated place for a 27
stated reasonable period. 28
(2) The requirement-- 29
(a) must be made by notice in the approved form; or 30
s 108 64 s 109
Private Health Facilities
(b) if for any reason it is not practicable to give the notice, may be 1
made orally and confirmed by a notice in the approved form as 2
soon as practicable. 3
(3) A further requirement may be made under this section about the thing 4
if it is necessary and reasonable to make the further requirement. 5
(4) A person of whom a requirement is made under subsection (1) or (3) 6
must comply with the requirement, unless the person has a reasonable 7
excuse. 8
Maximum penalty for subsection (4)--50 penalty units. 9
for seized things 10
Receipts
108.(1) As soon as practicable after an authorised person seizes a thing, 11
the authorised person must give a receipt for it to the person from whom it 12
was seized. 13
(2) However, if for any reason it is not practicable to comply with 14
subsection (1), the authorised person must leave the receipt at the place of 15
seizure in a conspicuous position and in a reasonably secure way. 16
(3) The receipt must describe generally each thing seized and its 17
condition. 18
(4) This section does not apply to a thing if it is impracticable, or would 19
be unreasonable, to give the receipt (given the thing's nature, condition and 20
value). 21
by authorised person 22
Forfeiture
109.(1) A thing that has been seized under this subdivision is forfeited to 23
the State if the authorised person who seized the thing-- 24
(a) can not find its owner, after making reasonable inquiries; or 25
(b) can not return it to its owner, after making reasonable efforts; or 26
(c) reasonably believes it is necessary to keep the thing to prevent it 27
being used to commit an offence against this Act. 28
(2) In applying subsection (1)-- 29
(a) subsection (1)(a) does not require the authorised person to make 30
s 110 65 s 110
Private Health Facilities
inquiries if it would be unreasonable to make inquiries to find the 1
owner; and 2
(b) subsection (1)(b) does not require the authorised person to make 3
efforts if it would be unreasonable to make efforts to return the 4
thing to its owner. 5
6
Example for paragraph (b)--
7
The owner of the thing has migrated to another country.
(3) If the authorised person makes a decision under subsection (1)(c) 8
resulting in the seized thing being forfeited to the State, the authorised 9
person must immediately give the owner an information notice about the 10
decision. 11
(4) Subsection (3) does not apply if-- 12
(a) the authorised person can not find the owner, after making 13
reasonable inquiries; or 14
(b) it is impracticable or would be unreasonable to give the 15
information notice. 16
(5) Regard must be had to a thing's nature, condition and value-- 17
(a) in deciding-- 18
(i) whether it is reasonable to make inquiries or efforts; and 19
(ii) if making inquiries or efforts--what inquiries or efforts, 20
including the period over which they are made, are 21
reasonable; or 22
(b) in deciding whether it would be unreasonable to give the 23
information notice. 24
on conviction 25
Forfeiture
110.(1) On conviction of a person for an offence against this Act, the 26
court may order the forfeiture to the State of anything owned by the person 27
and seized under this subdivision. 28
(2) The court may make any order to enforce the forfeiture it considers 29
appropriate. 30
s 111 66 s 113
Private Health Facilities
(3) This section does not limit the court's powers under the Penalties and 1
Sentences Act 1992 or another law. 2
with forfeited things 3
Dealing
111.(1) On forfeiture of a thing to the State, the thing becomes the State's 4
property and may be dealt with by the chief health officer as the chief health 5
officer considers appropriate. 6
(2) Without limiting subsection (1), the chief health officer may destroy 7
or dispose of the thing. 8
(3) Despite subsection (1), the chief health officer must not deal with the 9
thing in a way that could prejudice the outcome of a review applied for 10
under section 128 or appeal started under section 133. 11
of seized things 12
Return
112.(1) If a seized thing is not forfeited, the authorised person must 13
return it to its owner-- 14
(a) at the end of 6 months; or 15
(b) if a proceeding for an offence involving the thing is started within 16
6 months--at the end of the proceeding and any appeal from the 17
proceeding. 18
(2) Despite subsection (1), unless the thing is forfeited, the authorised 19
person must immediately return a thing seized as evidence to its owner if 20
the authorised person stops being satisfied its continued retention as 21
evidence is necessary. 22
to seized things 23
Access
113.(1) Until a seized thing is forfeited or returned, an authorised person 24
must allow its owner to inspect it and, if it is a document, to copy it. 25
(2) Subsection (1) does not apply if it is impracticable, or would be 26
unreasonable, to allow the inspection or copying. 27
s 114 67 s 116
Private Health Facilities
Subdivision 5--Power to obtain information 1
to require name and address 2
Power
114.(1) This section applies if-- 3
(a) an authorised person finds a person committing an offence 4
against this Act; or 5
(b) an authorised person finds a person in circumstances that lead, or 6
has information that leads, the authorised person to reasonably 7
suspect the person has just committed an offence against this Act. 8
(2) The authorised person may require the person to state the person's 9
name and residential address. 10
(3) When making the requirement, the authorised person must warn the 11
person it is an offence to fail to state the person's name or residential 12
address, unless the person has a reasonable excuse. 13
(4) The authorised person may require the person to give evidence of the 14
correctness of the stated name or residential address if the authorised person 15
reasonably suspects the stated name or address to be false. 16
to give name or address 17
Failure
115.(1) A person of whom a requirement under section 114 is made 18
must comply with the requirement, unless the person has a reasonable 19
excuse. 20
Maximum penalty--50 penalty units. 21
(2) A person does not commit an offence against subsection (1) if-- 22
(a) the person was required to state the person's name and residential 23
address by an authorised person who suspected the person had 24
committed an offence against this Act; and 25
(b) the person is not proved to have committed the offence. 26
to require production of documents 27
Power
116.(1) An authorised person may require a person to make available for 28
inspection by an authorised person, or produce to the authorised person for 29
s 117 68 s 118
Private Health Facilities
inspection, at a reasonable time and place nominated by the authorised 1
person-- 2
(a) a document issued to the person under this Act; or 3
(b) a document required to be kept by the person under this Act. 4
(2) The authorised person may keep the document to copy it. 5
(3) If the authorised person copies a document mentioned in 6
subsection (1)(b), or an entry in the document, the authorised person may 7
require the person responsible for keeping the document to certify the copy 8
as a true copy of the document or entry. 9
(4) The authorised person must return the document to the person as 10
soon as practicable after copying it. 11
(5) However, if a requirement (a "document certification 12
requirement") is made of a person under subsection (3), the authorised 13
person may keep the document until the person complies with the 14
requirement. 15
(6) A requirement under subsection (1) is called a "document 16
production requirement". 17
to certify copy of document 18
Failure
117. A person of whom a document certification requirement is made 19
must comply with the requirement, unless the person has a reasonable 20
excuse. 21
Maximum penalty--50 penalty units. 22
to produce document 23
Failure
118.(1) A person of whom a document production requirement is made 24
must comply with the requirement, unless the person has a reasonable 25
excuse. 26
Maximum penalty--50 penalty units. 27
(2) It is a reasonable excuse for an individual not to comply with a 28
document production requirement if complying with the requirement might 29
tend to incriminate the individual. 30
s 119 69 s 120
Private Health Facilities
to require information 1
Power
119.(1) This section applies if an authorised person reasonably 2
believes-- 3
(a) an offence against this Act has been committed; and 4
(b) a person may be able to give information about the offence. 5
(2) The authorised person may, by written notice given to the person, 6
require the person to give information about the offence to the authorised 7
officer at a stated reasonable place and at a stated reasonable time. 8
(3) The person must comply with a requirement under subsection (2), 9
unless the person has a reasonable excuse. 10
Maximum penalty--50 penalty units. 11
(4) It is a reasonable excuse for an individual to fail to give information if 12
giving the information might tend to incriminate the individual. 13
Subdivision 6--Enforcement matters 14
of damage 15
Notice
120.(1) This section applies if-- 16
(a) an authorised person damages property when exercising or 17
purporting to exercise a power; or 18
(b) a person (the "other person") acting under the direction or 19
authority of an authorised person damages property. 20
(2) The authorised person must immediately give written notice of 21
particulars of the damage to the person who appears to the authorised 22
person to be the owner of the property. 23
(3) If the authorised person believes the damage was caused by a latent 24
defect in the property or circumstances beyond the authorised person's, or 25
other person's, control, the authorised person may state the belief in the 26
notice. 27
(4) If, for any reason, it is impracticable to comply with subsection (2), 28
the authorised person must leave the notice in a conspicuous position and in 29
a reasonably secure way where the damage happened. 30
s 121 70 s 122
Private Health Facilities
(5) This section does not apply to damage the authorised person 1
reasonably believes is trivial. 2
(6) In this section-- 3
"owner", of property, includes the person in possession or control of it. 4
5
Compensation
121.(1) A person may claim compensation from the State if the person 6
incurs loss or expense because of the exercise or purported exercise of a 7
power under any of the following-- 8
· subdivision 1 9
· subdivision 3 10
· subdivision 4.14 11
(2) Without limiting subsection (1), compensation may be claimed for 12
loss or expense incurred in complying with a requirement made of the 13
person under the subdivision. 14
(3) Compensation may be claimed and ordered to be paid in a 15
proceeding-- 16
(a) brought in a court with jurisdiction for the recovery of the amount 17
of compensation claimed; or 18
(b) for an offence against this Act brought against the person 19
claiming compensation. 20
(4) A court may order compensation to be paid only if it is satisfied it is 21
just to make the order in the circumstances of the particular case. 22
or misleading statements 23
False
122.(1) A person must not state anything to an authorised person that the 24
person knows is false or misleading in a material particular. 25
Maximum penalty--50 penalty units. 26
14 Subdivisions 1 (Power to enter places), 3 (Powers after entry) and 4 (Power to
seize evidence)
s 123 71 s 124
Private Health Facilities
(2) In a proceeding for an offence against subsection (1), it is enough to 1
state that the statement made was, without specifying which, false or 2
misleading. 3
or misleading documents 4
False
123.(1) A person must not give an authorised person a document 5
containing information that the person knows is false or misleading in a 6
material particular. 7
Maximum penalty--50 penalty units. 8
(2) Subsection (1) does not apply to a person if the person, when giving the 9
document-- 10
(a) tells the authorised person, to the best of the person's ability, how 11
it is false or misleading; and 12
(b) if the person has, or can reasonably obtain, the correct 13
information--gives the correct information. 14
(3) In a proceeding for an offence against subsection (1), it is enough to 15
state that the document was, without specifying which, false or misleading. 16
and impersonating authorised persons 17
Obstructing
124.(1) A person must not obstruct an authorised person in the exercise 18
of a power, unless the person has a reasonable excuse. 19
Maximum penalty--100 penalty units. 20
(2) If a person has obstructed an authorised person and the authorised 21
person decides to proceed with the exercise of the power, the authorised 22
person must warn the person that-- 23
(a) it is an offence to obstruct the authorised person, unless the 24
person has a reasonable excuse; and 25
(b) the authorised person considers the person's conduct an 26
obstruction. 27
(3) A person must not pretend to be an authorised person. 28
Maximum penalty--50 penalty units. 29
s 125 72 s 125
Private Health Facilities
(4) In this section-- 1
"obstruct" includes hinder and attempt to obstruct or hinder. 2
notices 3
Compliance
125.(1) This section applies if-- 4
(a) the chief health officer or an authorised person reasonably 5
believes-- 6
(i) an authority holder-- 7
(A) is contravening a provision of this Act; or 8
(B) has contravened a provision of this Act in 9
circumstances that make it likely the contravention will 10
continue or be repeated; and 11
(ii) a matter relating to the contravention is reasonably capable of 12
being rectified; and 13
(iii) it is appropriate to give the authority holder an opportunity to 14
rectify the matter; and 15
(b) if the matter relates to a ground to suspend or cancel the authority, 16
the chief health officer has not given a show cause notice to the 17
authority holder under section 81.15 18
(2) The chief health officer may give the authority holder a written notice 19
(a "compliance notice") requiring the authority holder to rectify the matter. 20
(3) The compliance notice must state-- 21
(a) that the chief health officer or authorised person believes the 22
authority holder-- 23
(i) is contravening a provision of this Act; or 24
(ii) has contravened a provision of this Act in circumstances that 25
make it likely that the contravention will continue or be 26
repeated; and 27
(b) the provision the chief health officer or authorised person believes 28
15 Section 81 (Show cause notice)
s 126 73 s 126
Private Health Facilities
is being, or has been, contravened; and 1
(c) briefly, how it is believed the provision is being, or has been 2
contravened; and 3
(d) the matter relating to the contravention that the chief health officer 4
or authorised person believes is reasonably capable of being 5
rectified; and 6
(e) the reasonable steps the authority holder must take to rectify the 7
matter; and 8
(f) that the authority holder must take the steps within a stated 9
reasonable period. 10
(4) The authority holder must comply with the compliance notice, unless 11
the person has a reasonable excuse. 12
Maximum penalty--100 penalty units. 13
(5) The authority holder can not be prosecuted for contravention of the 14
provision unless the authority holder-- 15
(a) fails to comply with the compliance notice within the stated 16
period; and 17
(b) does not have a reasonable excuse for failing to comply with the 18
notice. 19
ART 9--REVIEWS AND APPEALS 20
P
1--Reviews 21
Division
process starts with internal review 22
Appeal
126. Every appeal against an original decision must be, in the first 23
instance, by way of an application for internal review. 24
s 127 74 s 129
Private Health Facilities
may apply for review 1
Who
127.(1) A person who is given, or is entitled to be given, an information 2
notice for a decision (the "original decision") and who is dissatisfied with 3
the decision may apply to the chief health officer for a review (an "internal 4
review") of the decision. 5
(2) To help users of this Act, schedule 1 identifies the decisions for 6
which an information notice must be given under this Act. 7
for review 8
Applying
128.(1) The application must be made within 28 days after-- 9
(a) if the person is given an information notice about the 10
decision--the day the person is given the information notice; or 11
(b) if paragraph (a) does not apply--the day the person otherwise 12
becomes aware of the decision. 13
(2) The chief health officer may, at any time, extend the time for applying 14
for review. 15
(3) The application for review must be in writing and state fully the 16
grounds of the application. 17
decision 18
Review
129.(1) After reviewing the original decision, the chief health officer 19
must make a further decision (the "review decision") to-- 20
(a) confirm the original decision; or 21
(b) amend the original decision; or 22
(c) substitute another decision for the original decision. 23
(2) The chief health officer must immediately give the applicant written 24
notice (the "review notice") of the review decision. 25
(3) If the review decision is not the decision sought by the applicant, the 26
review notice must also state-- 27
(a) the reasons for the review decision; and 28
(b) that the applicant may appeal against the review decision to the 29
s 130 75 s 130
Private Health Facilities
District Court within 28 days after the person is given the notice; 1
and 2
(c) how to appeal; and 3
(d) that the applicant may apply to the court for a stay of the review 4
decision. 5
(4) If the chief health officer does not give the review notice within 6
60 days after the application is made, the chief health officer is taken to have 7
made a review decision confirming the original decision. 8
(5) If the review decision confirms the original decision, for the purpose 9
of an appeal to the court, the original decision is taken to be the review 10
decision. 11
(6) If the review decision amends the original decision, for the purpose of 12
an appeal to the court, the original decision as amended is taken to be the 13
review decision. 14
of operation of decision 15
Stay
130.(1) If an application is made for an internal review of an original 16
decision, the applicant may immediately apply to the District Court for a 17
stay of the decision. 18
(2) The court may stay the decision to secure the effectiveness of the 19
review and a later appeal to the court. 20
(3) The stay-- 21
(a) may be given on conditions the court considers appropriate; and 22
(b) operates for the period fixed by the court; and 23
(c) may be revoked or amended by the court. 24
(4) The period of the stay must not extend past the time when the chief 25
health officer makes a review decision about the original decision and any 26
later period the court allows the applicant to enable the applicant to appeal 27
against the review decision. 28
(5) The application affects the decision, or carrying out of the decision, 29
only if the decision is stayed. 30
s 131 76 s 134
Private Health Facilities
2--Appeals 1
Division
may appeal 2
Who
131. A person who has applied for the review of an original decision 3
under division 1 and is dissatisfied with the review decision may appeal to 4
the District Court against the review decision. 5
Court to which appeal may be made 6
District
132. The appeal may be made to-- 7
(a) the District Court nearest the place where the person resides or 8
carries on business; or 9
(b) the District Court at Brisbane. 10
appeal 11
Starting
133.(1) An appeal is started by-- 12
(a) filing a written notice of appeal with the court; and 13
(b) serving a copy of the notice on the chief health officer. 14
(2) The notice of appeal must be filed within 28 days after-- 15
(a) if the person is given a review notice for the review decision--the 16
day the person is given the notice; or 17
(b) if paragraph (a) does not apply--the day the person otherwise 18
becomes aware of the review decision. 19
(3) The court may, at any time, extend the period for filing the notice of 20
appeal. 21
(4) The notice of appeal must state fully the grounds of the appeal. 22
of operation of decisions 23
Stay
134.(1) The court may grant a stay of the operation of the review decision 24
to secure the effectiveness of the appeal. 25
(2) The stay-- 26
s 135 77 s 136
Private Health Facilities
(a) may be given on conditions the court considers appropriate; and 1
(b) operates for the period fixed by the court; and 2
(c) may be revoked or amended by the court. 3
(3) The period of the stay must not extend past the time when the court 4
decides the appeal. 5
(4) The appeal affects the decision, or carrying out of the decision, only if 6
the decision is stayed. 7
procedures 8
Hearing
135.(1) In deciding an appeal, the court-- 9
(a) has the same powers as the chief health officer; and 10
(b) is not bound by the rules of evidence; and 11
(c) must comply with natural justice; and 12
(d) if the court is satisfied that the appeal involves an issue requiring 13
special skill or knowledge--may appoint a person with the 14
relevant skill or knowledge to help the court decide the issue. 15
(2) An appeal is by way of rehearing. 16
of court on appeal 17
Powers
136.(1) In deciding an appeal, the court may-- 18
(a) confirm the review decision; or 19
(b) set aside the review decision; or 20
(c) amend the review decision in the way the court considers 21
appropriate; or 22
(d) send the matter back to the chief health officer and give the 23
directions the court considers appropriate; or 24
(e) set aside the review decision and substitute it with a decision the 25
court considers appropriate. 26
(2) If the court amends the review decision or substitutes another 27
s 137 78 s 140
Private Health Facilities
decision for the review decision, the amended or substituted decision is, for 1
this Act (other than this part) taken to be the chief health officer's decision. 2
PART 10--LEGAL PROCEEDINGS 3
Division 1--Evidence 4
of div 1 5
Application
137. This division applies to a proceeding under this Act. 6
and authority 7
Appointments
138. It is not necessary to prove-- 8
(a) the chief health officer's appointment; or 9
(b) an authorised person's appointment; or 10
(c) the authority of the chief health officer or an authorised person to 11
do anything under this Act. 12
13
Signatures
139. A signature purporting to be the signature of the chief health officer 14
or an authorised person is evidence of the signature it purports to be. 15
aids 16
Evidentiary
140.(1) A certificate purporting to be signed by the chief health officer 17
stating any of the following matters is evidence of it-- 18
(a) a stated document is one of the following things made, given, 19
issued or kept under this Act-- 20
(i) an appointment; 21
(ii) an approval or licence; 22
s 141 79 s 141
Private Health Facilities
(iii) a decision; 1
(iv) a notice, direction or requirement; 2
(b) a stated document is a copy of a thing mentioned in paragraph (a); 3
(c) on a stated day, or during a stated period, a stated person was or 4
was not an authority holder; 5
(d) on a stated day, or during a stated period, an authority-- 6
(i) was or was not in force; or 7
(ii) was or was not subject to a stated condition; or 8
(iii) was or was not suspended or cancelled; 9
(e) on a stated day, or during a stated period, a person's appointment 10
as an authorised person was, or was not, in force; 11
(f) on a stated day, a stated person was given a stated notice under 12
this Act; 13
(g) on a stated day, a stated requirement was made of a stated person. 14
(2) A statement in a complaint for an offence against this Act that the 15
matter of the complaint came to the knowledge of the complainant on a 16
stated day is evidence of the matter stated. 17
2--Proceedings 18
Division
proceedings for offences 19
Summary
141.(1) A proceeding for an offence against this Act must be taken in a 20
summary way under the Justices Act 1886. 21
(2) The proceeding must start-- 22
(a) within 1 year after the commission of the offence; or 23
(b) within 6 months after the offence comes to the complainant's 24
knowledge, but within 2 years after the offence is committed. 25
s 142 80 s 143
Private Health Facilities
for acts or omissions of representatives 1
Responsibility
142.(1) This section applies in a proceeding for an offence against this 2
Act. 3
(2) If it is relevant to prove a person's state of mind about a particular act 4
or omission, it is enough to show-- 5
(a) the act was done or omitted to be done by a representative of the 6
person within the scope of the representative's actual or apparent 7
authority; and 8
(b) the representative had the state of mind. 9
(3) An act done or omitted to be done for a person by a representative of 10
the person within the scope of the representative's actual or apparent 11
authority is taken to have been done or omitted to be done also by the 12
person, unless the person proves the person could not, by the exercise of 13
reasonable diligence, have prevented the act or omission. 14
(4) In this section-- 15
"representative" means-- 16
(a) for a corporation--an executive officer, employee or agent of the 17
corporation; or 18
(b) for an individual--an employee or agent of the individual. 19
"state of mind" of a person includes-- 20
(a) the person's knowledge, intention, opinion, belief or purpose; and 21
(b) the person's reasons for the intention, opinion, belief or purpose. 22
officers must ensure corporation complies with Act 23
Executive
143.(1) The executive officers of a corporation must ensure the 24
corporation complies with this Act. 25
(2) If a corporation commits an offence against a provision of this Act, 26
each of the corporation's executive officers also commits an offence, 27
namely, the offence of failing to ensure that the corporation complies with 28
the provision. 29
Maximum penalty--the penalty for the contravention of the provision by an 30
individual. 31
s 144 81 s 144
Private Health Facilities
(3) Evidence that the corporation has been convicted of an offence against 1
a provision of this Act is evidence that each of the executive officers 2
committed the offence of failing to ensure that the corporation complies 3
with the provision. 4
(4) However, it is a defence for an executive officer to prove-- 5
(a) if the officer was in a position to influence the conduct of the 6
corporation in relation to the offence--the officer exercised 7
reasonable diligence to ensure the corporation complied with the 8
provision; or 9
(b) the officer was not in a position to influence the conduct of the 10
corporation in relation to the offence. 11
ART 11--MISCELLANEOUS 12
P
of reports 13
Submission
144.(1) The licensee of a private health facility must give reports to the 14
chief health officer as required by this section. 15
Maximum penalty--50 penalty units. 16
(2) The purposes of the reports are as follows-- 17
(a) to monitor the quality of health services provided at private health 18
facilities; 19
(b) to enable the State to give information to the Commonwealth or 20
another State, or an entity of the Commonwealth or another State 21
(the "recipient"), under an agreement with the recipient 22
prescribed under a regulation for section 147(4)(c); 23
(c) to monitor the general state of health of the public having regard 24
to the types and numbers of health services provided at the 25
facilities. 26
(3) The reports must-- 27
s 145 82 s 146
Private Health Facilities
(a) be in the approved form; and 1
(b) be given at the times prescribed under a regulation. 2
or misleading report 3
False
145.(1) A licensee must not give the chief health officer a report 4
containing information that the licensee knows is false or misleading in a 5
material particular. 6
Maximum penalty--50 penalty units. 7
(2) Subsection (1) does not apply to a licensee if the licensee, when 8
giving the report-- 9
(a) tells the chief health officer, to the best of the licensee's ability, 10
how it is false or misleading; and 11
(b) if the licensee has, or can reasonably obtain, the correct 12
information--gives the correct information. 13
(3) In a proceeding for an offence against subsection (1), it is enough to 14
state that the report was, without specifying which, false or misleading. 15
officials from liability 16
Protecting
146.(1) An official is not civilly liable for an act done, or omission made, 17
honestly and without negligence under this Act. 18
(2) If subsection (1) prevents a civil liability attaching to an official, the 19
liability attaches instead to the State. 20
(3) In this section-- 21
"official" means-- 22
(a) the Minister; or 23
(b) the chief executive; or 24
(c) the chief health officer; or 25
(d) an authorised person; or 26
(e) a person acting under the direction of an authorised person. 27
s 147 83 s 147
Private Health Facilities
of information 1
Confidentiality
147.(1) This section applies to the following persons-- 2
(a) a person who is, or was, the chief executive, the chief health 3
officer or an authorised person; 4
(b) another person who is, or was, involved in the administration of 5
this Act, including, for example, as a health service employee or 6
public service employee; 7
(c) a member of an advisory committee; 8
(d) a person who was involved in the administration of the repealed 9
division. 10
(2) This section applies to information obtained by a person to whom this 11
section applies in the course of performing the person's functions under this 12
Act or under the repealed division. 13
(3) The person must not disclose the information if-- 14
(a) the disclosure of the information would be likely to damage the 15
commercial activities of the person to whom the information 16
relates; or 17
(b) the information is personal health information; or 18
(c) the information is contained in a report under section 16.16 19
Maximum penalty--50 penalty units. 20
(4) Subsection (3) does not apply if-- 21
(a) the information is disclosed-- 22
(i) in the performance of functions under this Act; or 23
(ii) with the written consent of the person to whom the 24
information relates; or 25
(iii) to the person to whom the information relates; or 26
(b) the information is otherwise publicly available; or 27
(c) the information is given in the following circumstances-- 28
16 Section 16 (Criminal history reports for investigation)
s 147 84 s 147
Private Health Facilities
(i) the chief executive gives the information to the 1
Commonwealth or another State, or an entity of the 2
Commonwealth or another State (the "recipient"), under an 3
agreement with the recipient; 4
(ii) the agreement is prescribed under a regulation for this 5
paragraph; 6
(iii) the chief executive is satisfied the giving of the information 7
is in the public interest; or 8
(d) the information is disclosed to the chief executive to allow the 9
chief executive to act under paragraph (c) or subsection (5); or 10
(e) the information is disclosed to the Minister to allow the Minister 11
to act under subsection (6); or 12
(f) the disclosure of the information is authorised or permitted under 13
an Act or required by law; or 14
(g) the disclosure of the information is-- 15
(i) authorised by the chief executive under subsection (5); or 16
(ii) authorised by the Minister under subsection (6). 17
(5) The chief executive may authorise the disclosure of the information to 18
a person authorised to conduct scientific research or studies under the 19
Health Act 1937, section 154M.17 20
(6) The Minister may authorise the disclosure of the information to a 21
person if the Minister is satisfied the disclosure is in the public interest. 22
(7) The Commonwealth, other State or entity that receives information 23
under subsection (4)(c)-- 24
(a) must not give the information to anyone else; and 25
(b) must ensure the information is used only for the purpose for 26
which it was given. 27
(8) If the Minister authorises the disclosure of the information to a person 28
under subsection (6), the person-- 29
17 Health Act 1937, section 154M (Authority to conduct scientific research and
studies)
s 148 85 s 148
Private Health Facilities
(a) must not give the information to anyone else; and 1
(b) must ensure the information is used only for the purpose for 2
which it was given. 3
Maximum penalty--50 penalty units. 4
(9) The chief executive must include in the department's annual report 5
under the Financial Administration and Audit Act 1977 a statement about 6
authorisations by the Minister under subsection (6), including general details 7
about-- 8
(a) the nature of the information given to persons under the 9
authorisations; and 10
(b) the purpose for which the information was given to the persons. 11
(10) The statement under subsection (9) must not identify any person. 12
(11) In this section-- 13
"commercial activities" means activities conducted on a commercial basis. 14
"information" includes a document. 15
"personal health information" means information about a person's health 16
that identifies, or is likely to identify, the person. 17
18
Delegations
148.(1) The chief health officer may delegate the chief health officer's 19
powers under this Act to an appropriately qualified employee of the 20
department. 21
(2) However, the chief health officer may not delegate the chief health 22
officer's powers under-- 23
(a) part 3;18 or 24
(b) part 9, division 1.19 25
(3) In this section-- 26
18 Part 3 (Standards)
19 Part 9 (Reviews and appeals), division 1 (Reviews)
s 149 86 s 151
Private Health Facilities
"appropriately qualified" includes having the qualifications, experience or 1
standing appropriate to the exercise of the power. 2
3
Example of `standing'--
4
If a person is an officer of the department, the person's classification level in the
5
department.
committees 6
Advisory
149.(1) The chief health officer may establish committees to advise the 7
chief health officer on any matter regarding the administration of this Act. 8
(2) Members of a committee established under this section must be 9
appropriately qualified to advise the chief health officer on the matter about 10
which the committee was established to advise. 11
(3) Members of a committee may be appointed to the committee on the 12
terms the chief health officer considers appropriate, including terms about 13
remuneration. 14
of forms 15
Approval
150.(1) The chief health officer may approve forms for use under this 16
Act. 17
(2) An approved form may require-- 18
(a) specified information or documents to be included in, attached to 19
or given with the form; or 20
(b) the form, or information or documents included in, attached to or 21
given with the form, to be verified in a specified way, including, 22
for example, by statutory declaration. 23
power 24
Regulation-making
151.(1) The Governor in Council may make regulations under this Act. 25
(2) A regulation may be made about fees, including the refunding of fees, 26
for this Act. 27
s 152 87 s 154
Private Health Facilities
ART 12--SAVING AND TRANSITIONAL 1
P
PROVISIONS 2
1--Interpretation 3
Division
for pt 12 4
Definitions
152. In this part-- 5
"commencement day" means the day on which the provision in which the 6
term is used commences. 7
"consent" means a written consent, given by the chief health officer to a 8
person who intended to apply for a licence to erect or use under the 9
repealed division, approving the establishment of a private health 10
facility. 11
"existing licence to erect" means a licence to erect in force immediately 12
before the commencement day. 13
"existing licence to use" means a licence to use in force immediately 14
before the commencement day. 15
"licence to erect" means a licence to erect under the repealed division. 16
"licence to use" means a licence to use under the repealed division. 17
Division 2--Saving and transitional provisions 18
to repealed division 19
References
153. In an Act or document, a reference to the repealed division may, if 20
the context permits, be taken as a reference to this Act. 21
onsents 22
C
154.(1) This section applies if, immediately before the commencement 23
day-- 24
(a) a person held a consent; and 25
s 155 88 s 156
Private Health Facilities
(b) the person did not hold a licence to use for the private health 1
facility or proposed private health facility to which the consent 2
related. 3
(2) The person is taken to be an approval holder under this Act. 4
(3) The consent is taken to be an approval under this Act. 5
(4) An approval under subsection (3)-- 6
(a) is taken to have been issued-- 7
(i) on the same conditions as those subject to which the consent 8
was given; and 9
(ii) on the further condition that the approval holder must give 10
the chief health officer, within 21 days after a prescribed 11
change, written notice of the prescribed change; and 12
(b) expires 1 year after the commencement day. 13
(5) In this section-- 14
"prescribed change" means a change-- 15
(a) in a matter disclosed by the approval holder-- 16
(i) in the application for the consent; or 17
(ii) in an application under this Act; and 18
(b) of a kind prescribed under a regulation. 19
of existing licences to erect 20
Expiry
155. An existing licence to erect expires on the commencement day. 21
licences to use 22
Existing
156.(1) An existing licence to use is taken to be a licence under this Act. 23
(2) A person who holds an existing licence to use is taken to be a licensee 24
under this Act. 25
(3) A licence under subsection (1) is taken to have been issued on the 26
following conditions-- 27
(a) the licensee must give the chief health officer within 21 days of a 28
s 156 89 s 156
Private Health Facilities
prescribed change happening, written notice of the prescribed 1
change; 2
(b) within 90 days after the commencement day, the licensee must 3
start a quality assurance program, conducted by a quality 4
assurance entity, for the private health facility; 5
(c) within 3 years after the commencement day, the licensee must 6
receive certification from the quality assurance entity that the 7
facility operates under a quality assurance system; 8
(d) after the certification mentioned in paragraph (c) or subsection (4) 9
is received, the facility must, for the remainder of the term of the 10
licence, and for the term of any renewed licence, continue to be 11
certified under the program as a facility that operates under a 12
quality assurance system; 13
(e) the licensee must comply with the standards relevant to the 14
facility; 15
(f) the licensee must operate the facility in accordance with the details 16
about the facility stated in the licence, including providing at the 17
facility only the type of health services stated in the licence; 18
(g) the licensee must ensure the premises making up the facility and 19
all equipment, fittings and furnishings in the facility are kept in 20
good repair and operational order; 21
(h) the licensee must not make a prescribed alteration to the facility 22
without the approval of the chief health officer under section 65;20 23
(i) the other conditions, not inconsistent with the conditions set out in 24
paragraphs (a) to (h), to which the existing licence to use was 25
subject immediately before the commencement day. 26
(4) Subsection (3)(b) and (c) do not apply if, on the commencement day, 27
the licensee has received certification from a quality assurance entity that the 28
facility operates under a quality assurance system. 29
(5) Subsection (3)(b) does not apply if, on the commencement day, the 30
licensee has started, but has not finished, a quality assurance program for 31
the facility. 32
20 Section 65 (Decision about applications for approval of prescribed alterations)
s 157 90 s 157
Private Health Facilities
(6) Section 7421 does not apply to an instrument or document in force 1
before the commencement day purporting to encumber a licence mentioned 2
in subsection (1). 3
(7) In this section-- 4
"prescribed change" means a change-- 5
(a) in a matter disclosed by the licensee-- 6
(i) in an application under the repealed division; or 7
(ii) in an application under this Act; and 8
(b) of a kind prescribed under a regulation. 9
applications 10
Pending
157.(1) A pending application for a licence to use is taken to be an 11
application for a licence under this Act. 12
(2) A pending application for renewal of an existing licence to use is 13
taken to be an application for renewal under this Act. 14
(3) A pending application for approval to transfer an existing licence to 15
use is taken to be an application for a transfer of a licence under this Act. 16
(4) The provisions of this Act dealing with making an application for a 17
licence or transfer of a licence in the approved form and paying the fee do 18
not apply to the applications mentioned in subsections (1) and (3). 19
(5) The provisions of this Act dealing with making an application for 20
renewal in the approved form and paying the fee do not apply to the 21
application mentioned in subsection (2). 22
(6) The following kinds of pending applications are taken to have been 23
withdrawn-- 24
(a) a pending application for a licence to erect; 25
(b) a pending application for renewal of an existing licence to erect; 26
(c) a pending application for approval to transfer an existing licence to 27
erect. 28
21 Section 74 (Encumbrances have no effect)
s 158 91 s 160
Private Health Facilities
to cancel or suspend an existing licence to use 1
Action
158.(1) This section applies if-- 2
(a) immediately before the commencement day, a person held an 3
existing licence to use; and 4
(b) the person received a notification under the repealed division of a 5
day, time and place for the person to show cause why the existing 6
licence to use should not be cancelled or suspended; and 7
(c) the commencement day precedes the day notified. 8
(2) The person may attempt to show cause as if this Act had not 9
commenced. 10
(3) The chief health officer may, after the person has attempted to show 11
cause, cancel or suspend the licence as if this Act had not been passed. 12
licences to use 13
Suspended
159.(1) This section applies if an existing licence to use has been 14
suspended under the repealed division and the period of suspension has not 15
ended on the commencement day. 16
(2) The suspension is taken to continue as a suspension of a licence under 17
this Act. 18
19
Offences
160.(1) Proceedings for an offence against the repealed division may be 20
started or continued, and the provisions of the repealed division and the 21
Health Act 1937 that are necessary or convenient to be used in relation to the 22
proceedings continue to apply, as if this Act had not commenced. 23
(2) For subsection (1), the Acts Interpretation Act 1954, section 2022 24
applies, but does not limit the subsection. 25
22 Acts Interpretation Act 1954, section 20 (Saving of operation of repealed Act
etc.)
s 161 92 s 162
Private Health Facilities
of offence provision requiring licences for day hospitals 1
Application
and other provision 2
161.(1) This section applies if-- 3
(a) immediately before the commencement day-- 4
(i) a person operated a facility that, after the commencement 5
day, is a day hospital; and 6
(ii) the person did not have a licence to use under the repealed 7
division for the day hospital; and 8
(b) the person is required to be a licensee to operate the day hospital 9
under this Act; and 10
(c) the same health services are provided at the day hospital as were 11
provided immediately before the commencement day. 12
(2) Section 3923 does not apply to the operation by the person of the day 13
hospital until 6 months after the commencement day. 14
not required to operate certain day hospitals 15
Licences
162.(1) This section applies if-- 16
(a) immediately before the commencement day-- 17
(i) a person (the "licensee") operated a facility (the "licensee's 18
facility") and held a licence to use for the facility; and 19
(ii) another person operated another facility, at the same place as 20
the licensee's facility, but did not hold a licence to use for the 21
other facility; and 22
(iii) the other facility was operated by the other person under the 23
licence to use for the licensee's facility; and 24
(b) under this Act-- 25
(i) the licensee's facility is a private hospital operated by the 26
licensee under a licence; and 27
(ii) the other facility is a day hospital operated by the other 28
23 Section 39 (Licences required to operate private health facilities)
s 163 93 s 164
Private Health Facilities
person. 1
(2) For this Act, apart from this section-- 2
(a) the operation of the day hospital is part of the licensee's operation 3
of the private hospital; and 4
(b) the other person does not operate the day hospital. 5
(3) Subsection (2) stops applying at the earliest of the following times-- 6
(a) if the licence includes the statement mentioned in 7
section 40(1)(c)--the day it first includes the statement; 8
(b) the day the licence stops being in force; 9
(c) 1 year after the commencement day. 10
of statement in certain licences 11
Inclusion
163.(1) The chief health officer may include in a licence mentioned in 12
section 162 the statement mentioned in section 40(1)(c). 13
(2) If the chief health officer acts under subsection (1), section 40 applies 14
as if the licensee asked, in an application to change the licence, for the 15
licence to make the statement. 16
PART 13--OTHER ACTS AMENDED 17
amended in sch 2 18
Acts
164. Schedule 2 amends the Acts mentioned in it. 19
20
94
Private Health Facilities
SCHEDULE 1 1
¡
ECISIONS FOR WHICH INFORMATION NOTICES 2
D
MUST BE GIVEN 3
section 127(2) 4
Section Description of decision
19 Refusing application for an
approval
23 Issuing an approval on additional
conditions
27 Refusing application to extend the
period for which an approval
remains in force
29 Changing the conditions of an
approval
32 Refusing application to change an
approval
38 Refusing application for
replacement of approval
44 Refusing application for a licence
48 Issuing a licence on additional
conditions
53 Refusing to grant application for
renewal of a licence
55 Changing the conditions of a licence
58 Refusing application to change a
licence
65 Refusing application for approval of
a prescribed alteration
95
Private Health Facilities
SCHEDULE 1 (continued)
70 Refusing application to transfer a
licence
79 Refusing application for
replacement of a licence
84 Cancelling or suspending an
authority
85 Immediately suspending a licence
109 Decision resulting in a thing being
forfeited to the State
1
96
Private Health Facilities
SCHEDULE 2 1
¡
MENDMENT OF OTHER ACTS 2
A
section 164 3
CHILDREN'S SERVICES ACT 1965 4
1. Section 77(2)(a)(iii), `Health Act 1937'-- 5
omit, insert-- 6
`Private Health Facilities Act 1999'. 7
HEALTH ACT 1937 8
1. Section 5-- 9
insert-- 10
` "private health facility" see Private Health Facilities Act 1999, section 8. 11
"private hospital" see Private Health Facilities Act 1999, section 9.'. 12
2. Part 3, division 4-- 13
omit. 14
3. Section 100B, definition "prescribed person", paragraph (c), 15
`private hospital'-- 16
omit, insert-- 17
`private health facility'. 18
97
Private Health Facilities
SCHEDULE 2 (continued)
4. Section 100B, definition "private hospital"-- 1
omit. 2
5. Section 100C(1), `private hospital'-- 3
omit, insert-- 4
`private health facility'. 5
6. Section 100C(1), after `the home'-- 6
insert-- 7
`, facility'. 8
7. Section 100G, definition "prescribed person", paragraph (a)(i), at 9
the end-- 10
insert-- 11
`or'. 12
8. Section 100G, definition "private hospital"-- 13
omit. 14
MENTAL HEALTH ACT 1974 15
1. Section 5(1), definition "private hospital"-- 16
omit, insert-- 17
` "private hospital" means a private hospital under the Private Health 18
Facilities Act 1999 for which a licence under that Act is in force.'. 19
98
Private Health Facilities
SCHEDULE 2 (continued)
PUBLIC TRUSTEE ACT 1978 1
1. Section 105(4), `Health Act 1937'-- 2
omit, insert-- 3
`Private Health Facilities Act 1999'. 4
TRANSPLANTATION AND ANATOMY ACT 1979 5
1. Section 4(1), definition "hospital", paragraph (c)-- 6
omit, insert-- 7
`(c) a private hospital under the Private Health Facilities Act 1999 8
declared under section 5 to be a hospital under this Act; or'. 9
2. Section 4, definition "next of kin", paragraph (a), at the end-- 10
insert-- 11
`or'. 12
3. Section 5, from `any' to `force'-- 13
omit, insert-- 14
`a private hospital under the Private Health Facilities Act 1999 for which 15
a licence under that Act is in force'. 16
99
Private Health Facilities
SCHEDULE 3 1
¡
DICTIONARY 2
section 6 3
"accepted representations" see section 82. 4
"admission", to a private health facility, includes allowing a person to enter 5
the facility to receive health services at the facility. 6
"approval" means an approval under part 5. 7
"approval holder" means the holder of an approval. 8
"associate", of an applicant for an authority or an authority holder, 9
means-- 10
(a) a corporation of which the applicant or authority holder is a 11
subsidiary; or 12
(b) a party to an arrangement with the applicant or authority holder 13
for the operation of the private health facility to which the 14
application or authority relates; or 15
(c) a partner of the applicant or authority holder for the operation of 16
the facility to which the application or authority relates. 17
"authorised person" means a person appointed as an authorised person 18
under this Act. 19
"authority" means an approval or a licence. 20
"authority holder" means the holder of an authority. 21
"building code" means the edition, in force at the relevant time, of the 22
Building Codes of Australia (including the Queensland Appendix) 23
published by the body known as the Australian Building Codes Board. 24
"certificate of classification" means a certificate of classification issued 25
under the Standard Building Regulation 1993, part 9.24 26
24 Standard Building Regulation 1993, part 9 (Certificates of classification)
100
Private Health Facilities
SCHEDULE 3 (continued)
"change notice"-- 1
· for part 5, division 5, subdivision 1--see section 32(3) 2
· for part 6, division 7, subdivision 1--see section 58(3). 3
"chief health officer" means the chief health officer under the Health 4
Act 1937. 5
"commencement day", for part 12, see section 152. 6
"compliance notice" see section 125(2). 7
"consent", for part 12, see section 152. 8
"corresponding law" means a law of another State, the Commonwealth or 9
a foreign country that provides for the same matter as this Act or a 10
provision of this Act. 11
"day hospital" see section 10. 12
"discharge", from a private health facility, includes allowing a person to 13
leave the facility after the person has received health services at the 14
facility. 15
"document certification requirement" see section 116(5). 16
"document production requirement" see section 116(6). 17
"executive officer", of a corporation, means a person who is concerned 18
with, or takes part in, the corporation's management, whether or not 19
the person is a director or the person's position is given the name of 20
executive officer. 21
"existing licence to erect" see section 152. 22
"existing licence to use" see section 152. 23
"facsimile warrant" see section 97(4). 24
"health service" see section 7. 25
"information notice", for a decision made by the chief health officer or an 26
authorised person, is a written notice stating the following-- 27
(a) the decision; 28
(b) the reasons for the decision; 29
101
Private Health Facilities
SCHEDULE 3 (continued)
(c) that the person to whom the notice is given may have the decision 1
reviewed within 28 days; 2
(d) the way the person may have the decision reviewed; 3
(e) if the decision is that an authority be suspended or cancelled, a 4
direction that the person surrender the authority within 7 days 5
after receiving the notice; 6
(f) if the decision is to change an authority, a direction that the person 7
return the authority to record the change within 7 days after 8
receiving the notice. 9
"internal review" see section 127(1). 10
"licence" means a licence under part 6. 11
"licence to erect" see section 152. 12
"licence to use" see section 152. 13
"licensee" means the holder of a licence. 14
"original decision" see section 127(1). 15
"notice of intention"-- 16
· for part 5, division 5--see section 29(3) 17
· for part 6, division 7--see section 55(3). 18
"patient" means a person admitted to a private health facility to receive a 19
health service. 20
"place of seizure" see section 105(a). 21
"premises" includes-- 22
(a) a building or other structure; and 23
(b) land where a building or other structure is situated; and 24
(c) part of the building, other structure or land. 25
"prescribed alteration", to a private health facility, see section 62(1). 26
"private health facility" see section 8. 27
"private hospital" see section 9. 28
102
Private Health Facilities
SCHEDULE 3 (continued)
"public place" means a place the public is entitled to use, open to the public 1
or used by the public, whether or not on payment of money. 2
"quality assurance entity" means an entity prescribed under a regulation 3
that conducts a quality assurance program. 4
"quality assurance program" means a program, prescribed under a 5
regulation, for certifying that a private health facility operates under a 6
quality assurance system. 7
"repealed division" means the Health Act 1937, part 3, division 4,25 as in 8
force from time to time before its omission by this Act. 9
"review decision" see section 129(1). 10
"review notice" see section 129(2). 11
"show cause notice" see section 81(2). 12
"show cause period"-- 13
· for part 5, division 5--see section 29(3) 14
· for part 6, division 7--see section 55(3) 15
· for part 7--see section 81. 16
"special warrant" see section 97(1). 17
"standard" means a standard made under part 3. 18
"subsidiary" has the same meaning as under the Corporations Law. 19
"transfer notice" see section 70(3). 20
"warrant form" see section 97(5). 21
22
© State of Queensland 1999
25 Part 3 (Prevention, notification and treatment of disease or disability), division 4
(Private hospitals)
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