Private Health Facilities Act 2007

This Act is the Private Health Facilities Act 2007.

This Act commences on a day or days to be appointed by proclamation.

The objects of this Act are—

to maintain appropriate and consistent standards of health care and professional practice in private health facilities, and

to plan for and provide comprehensive, balanced and coordinated health services throughout New South Wales.

In this Act—

Advisory Committee means the Private Health Facilities Advisory Committee established under this Act.

application means—

an application for a licence under section 6, or

an application to transfer a licence under section 15, or

an application for approval to alter or extend a private health facility under section 16, or

an application for amendment of a licence under section 17.

approval in principle means an approval in principle under section 7 of an application for a licence.

authorised officer means an authorised officer appointed under section 50.

class of facility, in relation to a private health facility, means the class or classes of facility in respect of which a licence for the facility is issued.

clinical area means an area of a private health facility that is used for the provision of health services to a patient and includes any area of a facility that may be prescribed.

director of midwifery—see section 37(2)(a).

director of nursing—see section 37(2)(b).

exercise a function includes perform a duty.

function includes a power, authority or duty.

licence means a licence issued under section 9 and in force under this Act.

licensee means the holder, or any one or more of the holders, for the time being of a licence.

licensing standards means the standards prescribed under section 5.

patient means a person treated at a private health facility.

practitioner means a medical practitioner, a dentist or other health practitioner as may be prescribed by the regulations.

premises includes any land, building and part of any building.

private health facility means premises at which any person is admitted, provided with medical, surgical or other prescribed treatment and then discharged, or premises at which a person is provided with prescribed services or treatments, but it does not include—

an institution conducted by or on behalf of the State, or

a hospital or health service under the control of a public health organisation within the meaning of the Health Services Act 1997, or

a nursing home within the meaning of the Public Health Act 2010, or

premises of a class prescribed by the regulations for the purposes of this definition.

procedure room means a room in which medical or surgical procedures are conducted, and includes an operating theatre, labour room or other room prescribed by the regulations.

register of patients means the register that is required by section 38 to be kept at a private health facility.

Secretary means the Secretary of the Ministry of Health.

ward means any room (other than a labour room or operating theatre) in a private health facility in which patients are accommodated and includes any recovery room in which a patient is monitored after an operation whilst returning to his or her pre-operative state of consciousness.

Note.

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

A reference in this Act—

to medical, surgical or other treatment includes a reference to a diagnosis for the purposes of any such treatment, and

to the conduct of a private health facility (however expressed) is a reference to the carrying on of the business of the facility, and

to a person who conducts a private health facility (however expressed) is a reference—

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

to a natural person who conducts the facility (whether jointly with other persons or alone), except where that person is acting only in the person’s capacity as an employee or an agent.

Notes included in this Act do not form part of this Act.

The regulations may prescribe standards for or with respect to any matter relating to the safety, care or quality of life of patients at private health facilities, including without limitation the following matters—

clinical standards, including accreditation of practitioners to provide services at the facility, delineation of clinical privileges of practitioners and quality assurance,

staffing, including qualifications of staff members, number of staff and duties,

equipment,

design and construction of clinical areas,

operational matters, including administration and support services.

An application for a licence for a private health facility is to be made to the Secretary by the person who intends to conduct the facility.

An application must—

be in a form approved by the Secretary, and

specify the class of facility for which the licence is sought, and

specify the maximum number of patients it is proposed to accommodate at any one time in each ward of the facility, and

specify the number (if any) of procedure rooms that are proposed to be provided at the facility, and

demonstrate that the facility can be conducted in accordance with the licensing standards, and

be accompanied by any fee and any particulars and documents prescribed by the regulations in relation to an application under this section in respect of that class of facility.

The Secretary must, after considering an application for a licence under this Division—

give an approval in principle to the application, or

refuse the application.

The Secretary may give an approval in principle unconditionally or subject to conditions, including conditions relating to—

the design and construction of any clinical areas to be constructed, altered or extended for the purposes of the proposed facility, and

the times by which any such design and construction must be completed.

In determining whether to give an approval in principle, the Secretary is not to take into account whether any such approval has been previously given or refused.

The Secretary may refuse an application for a licence only if the Secretary is satisfied that—

the applicant, or any of the applicants, is not a fit and proper person to be a licensee or if the applicant is a corporation, a director or a person concerned in the management of the corporation is not a fit and proper person to be a licensee, or

the proposed facility is not capable of being conducted by the applicant in accordance with the licensing standards, or

having regard to any development guidelines approved by the Secretary and published in the Gazette, the application should be refused, or

the applicant (or, where the applicant is a corporation, any director or other person concerned in the management of the corporation) has been convicted of an offence under this Act or the regulations, or

the applicant (or, where the applicant is a corporation, any director or other person concerned in the management of the corporation) has been convicted in New South Wales of an offence punishable by imprisonment for a period of 12 months or more, or is convicted elsewhere than in New South Wales of an offence which, if committed in New South Wales, would be an offence so punishable, or

the applicant (being a natural person) has been bankrupt, or has applied to take the benefit of any law for the relief of bankrupt or insolvent debtors, has compounded with his or her creditors or has made an assignment of his or her remuneration for their benefit, or

where the applicant is a corporation—a receiver or manager has been appointed in respect of the property of the applicant or the applicant has been commenced to be wound up or is under official management.

The Secretary must, if he or she gives an approval in principle, notify the applicant in writing of that approval and any conditions to which the approval is subject.

An approval in principle is effective for a period of one year from the date on which the applicant is given notice of that approval under section 7 (5), subject to any extension of that period by the Secretary under this section.

The Secretary may, at the request of the applicant and in accordance with this section, extend the period for which an approval in principle remains effective (an extension).

An applicant may make more than one request for an extension, but any such request must be made while the approval in principle is effective.

A request for an extension is to be in the form approved by the Secretary and is to be accompanied by any fee, document or information that may be prescribed by the regulations in relation to the relevant class of private health facility.

The Secretary may grant an extension only if—

the particular extension is for a period of no more than one year, and

the total period for which the approval in principle will be effective is no more than 7 years, and

the Secretary is satisfied that each applicant—

has made a reasonable attempt to comply with any conditions to which the approval in principle is subject, and

is a fit and proper person to be a licensee or if the applicant is a corporation, each director and each person concerned in the management of the corporation is a fit and proper person to be a licensee.

The Secretary must grant an application and issue a licence to an applicant if the Secretary has approved the application in principle and all conditions to which the approval in principle was subject have been complied with, unless—

the approval in principle has expired, or

the Secretary is satisfied that the proposed facility is not capable of being conducted by the applicant in accordance with the licensing standards, or

the Secretary is satisfied that the applicant, or any of the applicants, is not a fit and proper person to be a licensee or if the applicant is a corporation, a director or a person concerned in the management of the corporation is not a fit and proper person to be a licensee.

The Secretary is to notify the applicant in writing if the Secretary grants an application and issues a licence.

For the purposes of this Act, the classes of private health facilities are the classes (if any) prescribed by the regulations.

A private health facility may fall into more than one class, and in such a case, a provision requiring a fee to be paid under the Act in respect of a class of facility, means the highest fee that would be payable if the facility were to fall into only one of those classes.

Without limiting the particulars that may be included in a licence, a licence is to specify—

the person to whom it is issued, and

the address of the private health facility for which it is issued, and

the class of facility in respect of which it is issued, and

the maximum number of patients who can be accommodated at any one time in each ward of the facility, and

any conditions to which the licence is subject (other than the conditions referred to in section 12 (2)).

The Secretary may issue a licence subject to such conditions as may be specified in the licence.

Note.

Conditions, other than those referred to in subsection (2), may be amended by the Secretary under section 17 (3) (c).

A licence is subject to the conditions that the licensee, in respect of the facility concerned, must—

hold or otherwise be covered by insurance, or other liability cover, as may be prescribed by the regulations in relation to that class of facility, and

ensure that, at all times, a medical advisory committee is appointed in accordance with this Act and the regulations in respect of the facility, and

comply with all other provisions of this Act and the regulations, and

ensure that the facility is conducted in accordance with the licensing standards applicable to it, and

ensure that reasonable standards of patient care and safety are maintained at the facility, and

provide to the Secretary, in the time and way specified by the Secretary, information prescribed by the regulations or specified by the Secretary.