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PRIVATE HEALTH FACILITIES ACT 1999 - As at 1 January 2021 - Act 60 of 1999

- As at 1 January 2021 - Act 60 of 1999

Table of Provisions

PART 1 - PRELIMINARY

  • 1 Short title
  • 2 Commencement
  • 3 Main object of Act and its achievement
  • 4 Outline of approval and licensing requirements
  • 5 Act binds all persons

PART 2 - INTERPRETATION

Division 1 - Definitions

Division 2 - Basic concepts

Division 3 - Authority holders

  • 11 Authority issued jointly to more than 1 person

PART 3 - STANDARDS

  • 12 Chief health officer may make standards

PART 4 - SUITABILITY OF PERSONS TO BE AUTHORITY HOLDERS

  • 13 Suitability of persons
  • 14 Suitability of associates
  • 15 Investigation of suitability of persons
  • 16 Criminal history reports for investigation

PART 5 - APPROVALS

Division 1 - Applications for approvals

  • 17 Requirements about application for an approval
  • 18 Further information or documents to support application for an approval

Division 2 - Deciding applications for approvals

  • 19 Decision about application for an approval
  • 20 Further consideration of application for an approval
  • 21 Application for an approval taken to be refused in certain circumstances

Division 3 - Form, conditions and term of approvals

  • 22 Form of approval
  • 23 Conditions of approval
  • 24 Term of approval

Division 4 - Extension of term of approval

  • 25 Extension of term of approval
  • 26 Further information or documents to support application for extension
  • 27 Decision about application for extension
  • 28 Approval continues in force while application is considered

Division 5 - Dealings affecting approvals

Subdivision 1 - Changing approvals
  • 29 Changing approval—chief health officer acting on own initiative
  • 30 Changing approval—application by approval holder
  • 31 Further information or document to support application to change an approval
  • 32 Decision about application to change an approval
  • 33 Further consideration of application to change an approval
  • 34 Application to change an approval taken to be refused in certain circumstances
  • 35 Recording changes to approvals
    • Subdivision 2 - Other dealings affecting approvals
  • 36 Surviving persons taken to be approval holder
  • 37 Surrender of approvals
  • 38 Replacing approvals

PART 6 - LICENCES

Division 1 - Licences for operation of private health facilities

  • 39 Licences required to operate private health facilities
  • 40 Licences not required to operate certain day hospitals

Division 2 - Applications, and materials to support applications, for licences

  • 41 Restriction on application for licence
  • 42 Requirements about applications for licences
  • 43 Further information or documents to support application for a licence

Division 3 - Deciding applications for licences

  • 44 Decision about application for a licence
  • 45 Further consideration of application for a licence
  • 46 Application for licence taken to have been refused in certain circumstances

Division 4 - Form, conditions and term of licences

  • 47 Form of licence
  • 48 Conditions of licence
  • 49 Contravention of condition
  • 50 Term of licences

Division 5 - Renewal of licences

  • 51 Renewal of licences
  • 52 Further information or document to support application for renewal

Division 6 - Deciding applications for renewal

  • 53 Decision about application for renewal
  • 54 Licence continues in force while application is considered

Division 7 - Dealings affecting licences

Subdivision 1 - Changing licences
  • 55 Changing licence—chief health officer acting on own initiative
  • 56 Licensee may apply to change a licence
  • 57 Further information or document to support application to change a licence
  • 58 Decision whether to change licence
  • 59 Further consideration of application to change a licence
  • 60 Application to change a licence taken to be refused in certain circumstances
  • 61 Recording change of licence
    • Subdivision 2 - Making prescribed alterations to private health facilities
  • 62 Meaning of prescribed alteration
  • 63 Requirements about applications for approval of prescribed alterations
  • 64 Further information or document to support applications for approval of prescribed alterations
  • 65 Decision about applications for approval of prescribed alterations
  • 66 Application for approval of a prescribed alteration taken to be refused in certain circumstances
    • Subdivision 3 - Transfers of licences
  • 67 Transfer of licence
  • 68 Requirements about transfer applications
  • 69 Further information or documents to support transfer application
  • 70 Decision about transfer application
  • 71 Further consideration of application to transfer a licence
  • 72 Application to transfer a licence taken to be refused in certain circumstances
  • 73 Recording transfer of licence
    • Subdivision 4 - Other dealings with licences
  • 74 Encumbrances have no effect
  • 75 Death of sole licensee
  • 76 Surviving persons taken to be licensee
  • 77 Surrender of licences
  • 78 Surrender before operation of facility stops
  • 79 Replacing licences

PART 7 - SUSPENSION AND CANCELLATION OF AUTHORITIES

  • 80 Grounds for suspension or cancellation
  • 81 Show cause notice
  • 82 Consideration of representations
  • 83 Ending show cause process without further action
  • 84 Suspension and cancellation of authorities
  • 85 Immediate suspension of licence
  • 86 Cancellation or reduction of period of suspension of authority

PART 8 - INVESTIGATION AND ENFORCEMENT

Division 1 - Authorised persons

  • 87 Appointment and qualifications
  • 88 Functions and powers
  • 89 Appointment conditions
  • 90 Identity cards
  • 91 Failure to return identity card
  • 92 Production or display of identity card

Division 2 - Powers of authorised persons

Subdivision 1 - Power to enter places
  • 93 Power to enter places
    • Subdivision 2 - Procedure for entry
  • 94 Entry with consent
  • 95 Application for warrant
  • 96 Issue of warrant
  • 97 Special warrants
  • 98 Warrants—procedure before entry
    • Subdivision 3 - Powers after entry
  • 99 General powers after entering places
  • 100 Exercise of general powers
  • 101 Failure to help authorised person
  • 102 Failure to give information
    • Subdivision 4 - Power to seize evidence
  • 103 Seizing evidence at a place that may be entered without consent or warrant
  • 104 Seizing evidence at place that may only be entered with consent or warrant
  • 105 Securing seized things
  • 106 Tampering with seized things
  • 107 Powers to support seizure
  • 108 Receipts for seized things
  • 109 Forfeiture by authorised person
  • 110 Forfeiture on conviction
  • 111 Dealing with forfeited things
  • 112 Return of seized things
  • 113 Access to seized things
    • Subdivision 5 - Power to obtain information
  • 114 Power to require name and address
  • 115 Failure to give name or address
  • 116 Power to require production of documents
  • 117 Failure to certify copy of document
  • 118 Failure to produce document
  • 119 Power to require information
    • Subdivision 6 - Enforcement matters
  • 120 Notice of damage
  • 121 Compensation
  • 122 False or misleading statements
  • 123 False or misleading documents
  • 124 Obstructing and impersonating authorised persons
  • 125 Compliance notices

PART 9 - REVIEWS

Division 1 - Internal review of decisions

  • 126 Review process starts with internal review
  • 127 Who may apply for review
  • 128 Applying for review
  • 129 Review decision
  • 130 Stay of operation of original decision

Division 2 - External review of decisions

  • 131 Who may apply for external review
    • 132. (Repealed) 133. (Repealed) 134. (Repealed) 135. (Repealed) 136. (Repealed)

PART 10 - LEGAL PROCEEDINGS

Division 1 - Evidence

  • 137 Application of div 1
  • 138 Appointments and authority
  • 139 Signatures
  • 140 Evidentiary aids

Division 2 - Proceedings

  • 141 Summary proceedings for offences
  • 142 Responsibility for acts or omissions of representatives
  • 143 Executive officer may be taken to have committed offence against s 39

PART 11 - MISCELLANEOUS

  • 143A Authority holder to notify chief health officer of certain events
  • 144 Submission of reports
  • 145 False or misleading report
  • 146 Protecting officials from liability
  • 147 Confidentiality of information
  • 147A Application of section 147 to person under Coroners Act 2003
  • 147B Disclosure for funding arrangements
  • 147C Disclosure to the health ombudsman
  • 147D Disclosure for purpose of Health Transparency Act 2019
  • 148 Delegations
  • 149 Advisory committees
  • 150 Approval of forms
  • 151 Regulation-making power

PART 11A - (Expired)

PART 12 - SAVING AND TRANSITIONAL PROVISIONS FOR ACT NO. 60 OF 1999

Division 1 - Interpretation

Division 2 - Saving and transitional provisions

  • 153 References to repealed division
  • 154 Consents
  • 155 Existing licences to erect
  • 156 Existing licences to use
  • 157 Pending applications
  • 158 Action to cancel or suspend an existing licence to use
  • 159 Suspended licences to use
  • 160 Proposed additions or alterations
  • 161 Offences
  • 162 Application of offence provision requiring licences for day hospitals and other provision
  • 163 Licences not required to operate certain day hospitals
  • 164 Inclusion of statement in certain licences

PART 13 - VALIDATING PROVISION

PART 14 - TRANSITIONAL PROVISIONS FOR MATER PUBLIC HOSPITALS

PART 15 - TRANSITIONAL PROVISION FOR HEALTH LEGISLATION AMENDMENT ACT 2020

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