HEALTH SERVICES ACT 1988 - SECT 89 Criteria for renewal of registration
HEALTH SERVICES ACT 1988 - SECT 89
Criteria for renewal of registration(1) In determining whether to renew or refuse to renew the registration of a health service establishment, the Secretary must consider whether—
(a) the quality of the health services provided at the establishment since it was last registered is satisfactory; and
(b) the proprietor—
(i) is a fit and proper person to continue to be the proprietor of the establishment; and
(ii) has and is likely to continue to have the financial capacity to carry on the establishment; and
(c) if the proprietor is a body corporate, each director or other officer of the body corporate who exercises or may exercise control over the body corporate is a fit and proper person to continue to exercise or to have power to exercise control over the establishment; and
(d) the establishment is carried on in conformity with any Act or law relating to or affecting the carrying on of health service establishments; and
(e) the conditions to which the registration is subject have been complied with; and
S. 89(1)(f) amended by Nos 53/1990 s. 18(a), 55/2006 s. 8(1),
repealed by No. 49/2010
s. 225(1),
new s. 89(1)(f) inserted by No. 52/2017
s. 37(1).
(f) the proprietor—
(i) is providing safe, patient-centred and appropriate health services; and
(ii) is fostering continuous improvement in the quality and safety of care and health services provided; and
(iii) is complying with the health service establishment premises guidelines; and
S. 89(1)(g) inserted by No. 55/2006 s. 8(2).
(g) the security of the proprietor's tenure over the premises in which the proprietor carries on the establishment will continue to enable the proprietor to carry on the establishment in those premises; and
S. 89(1)(h) inserted by No. 55/2006 s. 8(2).
(h) the proprietor has been convicted or found guilty of an offence under this Act or the regulations; and
S. 89(1)(i) inserted by No. 55/2006 s. 8(2).
(i) if the proprietor is or was previously a proprietor, or is or was previously a director of a body corporate that is or was previously a proprietor, of any other health service establishment, or is or was previously associated with any other health service establishment in a managerial capacity—
(i) the extent and nature of the proprietor's involvement in the other health service establishment; and
(ii) the number of complaints, if any, that have been brought within the previous 3 years by or on behalf of residents of the other health service establishment (regardless of who received the complaints) and how the complaints have been dealt with; and
(iii) the financial management of the other health service establishment; and
(iv) the proprietor's compliance with any reporting requirements under this Act that relate to the other health service establishment; and
(v) the proprietor has carried on the other health service establishment in accordance with this Act, the regulations and, if the health service establishment is registered under this Act, any conditions to which the registration of the health service establishment is subject; and
(vi) the proprietor has been convicted or found guilty of an offence under this Act or the regulations in relation to the other health service establishment; and
(vii) the proprietor has the capacity to meet any requirements for the registration under this Act of the other health service establishment.
S. 89(1A) inserted by No. 52/2017 s. 37(2).
(1A) In addition to the matters referred to in subsection (1), in determining whether to renew or refuse to renew the registration of a health service establishment, the Secretary must consider any action that has been taken in relation to the health service establishment under Division 4 or 5 of Part 4.
S. 89(2) inserted by No. 49/2010 s. 225(2).
(2) In this section, other health service establishment includes a supported residential service.