Health Service Establishments Act 2006

The Secretary must, after considering an application for a licence under section 9 – approve the application in principle; or refuse the application.

The Secretary may impose conditions on an approval of an application in principle, including, but not limited to – conditions relating to the design and construction of any building to be constructed, altered or extended for the purposes of the proposed establishment; and the preparation and submission to the Secretary of a development timetable for any such building specifying the dates by which it is proposed that different stages in construction, alteration or extension will be completed.

The Secretary may refuse an application for a licence only if – the Secretary is of the opinion that the applicant, or any of the applicants, is not a fit and proper person to be a licensee; or the Secretary is satisfied that the proposed establishment is not capable of being conducted in accordance with the licensing standards applicable to it; or the Secretary is of the opinion that the application should be refused having regard to such development guidelines as may be prescribed by the regulations; or the Secretary is of the opinion that the proposed establishment will have insufficient patients to ensure a critical mass for the maintenance of skills or the recruitment and retention of specialist staff.

A decision on the limiting of specialty services is to be based on clinical considerations relating to service quality and is to be consistent with established clinical practice and guidelines relating to specialty service planning published by the Australian Health Ministers Advisory Committee, the Medicare Services Advisory Committee, the National Health and Medical Research Council, the Royal Colleges, any health authority established in any other State or a Territory or any other similar body or authority.

The Secretary, in approving a licence in principle, is to state the type of specialty service authorised to be provided under the licence and any conditions for the provision of that service.

If the Secretary approves an application in principle, the Secretary is to give the applicant written notice of that approval and any conditions to which the approval is subject.